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Intermediary Fee Agreement for the United States

Intermediary Fee Agreement Template for United States

An Intermediary Fee Agreement is a legally binding contract used in the United States that establishes the terms and conditions under which an intermediary will provide services and receive compensation. The agreement outlines the scope of services, fee structure, payment terms, and obligations of all parties involved. It incorporates relevant federal and state regulations, particularly concerning securities, international transactions, and industry-specific requirements. The document provides protection for both the intermediary and the principal by clearly defining the relationship and compensation arrangements.

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What is a Intermediary Fee Agreement?

The Intermediary Fee Agreement serves as a critical document in business transactions where third-party facilitators are involved. This agreement is particularly important in the United States where various federal and state regulations govern intermediary relationships. The document typically outlines specific services to be provided, compensation structures, performance metrics, and compliance requirements. An Intermediary Fee Agreement is essential for protecting both parties' interests and ensuring clarity in business relationships, particularly in regulated industries such as finance, real estate, and international trade. It helps prevent disputes by clearly defining expectations, payment terms, and service scope.

What sections should be included in a Intermediary Fee Agreement?

1. Parties: Identifies and defines the contracting parties

2. Background: Explains context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Detailed description of intermediary services to be provided

5. Fee Structure: Details of fees, payment terms, and calculation methods

6. Term and Termination: Duration of agreement and termination conditions

7. Confidentiality: Protection of confidential information

What sections are optional to include in a Intermediary Fee Agreement?

1. Exclusivity: Terms of exclusive arrangement when intermediary has exclusive rights

2. International Provisions: Specific terms for cross-border intermediary services

3. Regulatory Compliance: Industry-specific compliance requirements for regulated industries

What schedules should be included in a Intermediary Fee Agreement?

1. Fee Schedule: Detailed breakdown of fee calculations and examples

2. Service Level Agreement: Specific performance metrics and standards

3. Compliance Requirements: List of applicable regulatory requirements and certifications

4. Territory Schedule: Definition of geographical coverage, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Fee Agreement

Cost

Free to use
Clauses






























Industries

Securities Exchange Act 1934: Federal law governing securities trading and broker-dealer relationships. Critical if intermediary services involve securities transactions.

Foreign Corrupt Practices Act (FCPA): Federal law prohibiting bribery of foreign officials to obtain business advantages. Essential for international intermediary agreements.

Anti-Kickback Statute: Federal law prohibiting payment for referrals in healthcare. Crucial for healthcare-related intermediary arrangements.

Federal Trade Commission Act: Federal law governing fair business practices and consumer protection. Applies to all business transactions including intermediary agreements.

State Broker-Dealer Regulations: State-specific laws governing broker-dealer activities and licensing requirements. Varies by jurisdiction.

State Contract Laws: State-specific laws governing contract formation, enforcement, and remedies. Essential for agreement validity.

State Commercial Codes: State-specific regulations governing commercial transactions, including Uniform Commercial Code provisions.

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and associated fees.

Insurance Regulations: State and federal regulations governing insurance intermediaries and brokers.

Banking Regulations: Federal and state banking laws affecting financial intermediaries and transactions.

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable.

Internal Revenue Code: Federal tax laws governing the reporting and taxation of intermediary fees and commissions.

Form 1099 Requirements: IRS reporting requirements for payments made to independent contractors and intermediaries.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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