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Investment Broker Agreement
"I need an Investment Broker Agreement for a South African wealth management firm offering discretionary portfolio management services to high-net-worth individuals, with specific provisions for offshore investments and online platform access."
1. Parties: Identifies the investment broker and the client, including full legal names, registration numbers, and contact details
2. Background: Establishes the context of the agreement, including the broker's qualifications, licenses, and the client's intention to engage investment services
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Scope of Services: Details the formal appointment of the broker and outlines the specific investment services to be provided
5. Regulatory Compliance: Addresses compliance with FAIS Act and other relevant legislation, including disclosures required by law
6. Duties and Responsibilities of the Broker: Outlines the broker's obligations, including due diligence, reporting, and fiduciary duties
7. Client Obligations: Specifies the client's responsibilities, including providing accurate information and timely responses
8. Fees and Compensation: Details the fee structure, payment terms, and any additional charges
9. Risk Disclosures: Mandatory risk warnings and acknowledgments regarding investment activities
10. Confidentiality and Data Protection: Addresses handling of confidential information and compliance with POPIA
11. Duration and Termination: Specifies the term of the agreement and conditions for termination
12. Dispute Resolution: Outlines procedures for handling disputes and specifies jurisdiction
13. General Provisions: Standard clauses including notices, amendments, and governing law
1. Discretionary Management Authority: Used when the broker has authority to make investment decisions without prior client approval
2. Foreign Investment Provisions: Include when services involve offshore investments or foreign currency transactions
3. Online Platform Services: Required when providing access to online trading or investment platforms
4. Research and Analysis Services: Include when offering specialized research and investment analysis services
5. Sub-Advisory Arrangements: Used when involving third-party investment advisors or sub-brokers
6. Corporate Actions: Include when services involve handling corporate actions on behalf of clients
7. Margin Trading Provisions: Required when offering margin trading services
1. Schedule A - Fee Schedule: Detailed breakdown of all fees, commissions, and charges
2. Schedule B - Investment Mandate: Specific investment objectives, strategies, and restrictions
3. Schedule C - Risk Profile Assessment: Client's risk profile and investment suitability assessment
4. Schedule D - Authorized Representatives: List of persons authorized to give instructions on behalf of the client
5. Appendix 1 - FICA Requirements: Checklist and requirements for FICA compliance
6. Appendix 2 - Disclosure Documents: Mandatory disclosures required under FAIS Act
7. Appendix 3 - Service Level Standards: Detailed service standards and performance metrics
Authors
Financial Services
Investment Management
Wealth Management
Banking
Insurance
Private Equity
Corporate Finance
Real Estate Investment
Pension Fund Management
Asset Management
Legal
Compliance
Risk Management
Investment Operations
Client Relations
Portfolio Management
Financial Advisory
Business Development
Operations
Documentation
Investment Broker
Financial Advisor
Compliance Officer
Legal Counsel
Risk Manager
Portfolio Manager
Investment Consultant
Wealth Manager
Financial Services Representative
Operations Manager
Client Relationship Manager
Chief Investment Officer
Managing Director
Business Development Manager
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