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Introducing Broker Contract Template for Austria

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Key Requirements PROMPT example:

Introducing Broker Contract

"I need an Introducing Broker Contract under Austrian law for my FinTech company that will introduce institutional clients to an investment bank for cryptocurrency trading services, with the agreement starting March 1, 2025, and including specific provisions for cross-border client introductions in the EU."

Document background
The Introducing Broker Contract is essential for financial institutions operating in Austria seeking to expand their client base through third-party intermediaries. This document type is particularly relevant in the context of Austrian financial market regulations, including the Securities Supervision Act (WAG 2018) and Financial Market Money Laundering Act (FM-GwG). It establishes the legal framework for client introductions, defining responsibilities, compliance obligations, and compensation structures. The contract is crucial for ensuring regulatory compliance while facilitating business growth through structured referral relationships. It includes specific provisions addressing Austrian regulatory requirements, GDPR compliance, and financial services industry standards.
Suggested Sections

1. Parties: Identification of the introducing broker and the receiving institution, including their full legal names, registration details, and addresses

2. Background: Context of the agreement, brief description of both parties' businesses, and the purpose of the introducing broker arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Introduced Clients', 'Services', 'Commission', etc.

4. Scope of Services: Detailed description of the introducing broker's services, including client introduction process and any limitations

5. Appointments and Authority: Terms of the broker's appointment, scope of authority, and territorial limitations if any

6. Obligations of the Introducing Broker: Detailed responsibilities including client verification, documentation, compliance with regulations, and reporting requirements

7. Obligations of the Receiving Institution: Responsibilities regarding client acceptance, service provision, and support to the introducing broker

8. Compliance and Regulatory Requirements: Obligations regarding AML, KYC, market regulations, and other applicable laws

9. Commission Structure: Detailed description of commission calculations, payment terms, and conditions for commission eligibility

10. Confidentiality: Provisions for handling confidential information and client data

11. Data Protection: GDPR compliance and data handling requirements

12. Term and Termination: Duration of the agreement, renewal terms, and termination provisions

13. Post-Termination Obligations: Ongoing obligations after contract termination, including commission payments and client handling

14. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Training and Support: Details of training and support provided by the receiving institution, included when the arrangement involves complex products or services

2. Marketing and Branding: Guidelines for using the receiving institution's brand and marketing materials, included when the broker will engage in marketing activities

3. Non-Compete Clause: Restrictions on working with competitors, included when exclusivity is required

4. Insurance Requirements: Specific insurance coverage requirements, included when the broker needs professional indemnity insurance

5. Dispute Resolution: Alternative dispute resolution procedures, included when parties prefer arbitration or mediation

6. Force Majeure: Provisions for unforeseen circumstances, included when dealing with international arrangements or complex services

7. Service Level Agreement: Specific performance metrics and standards, included when quantitative service levels need to be maintained

Suggested Schedules

1. Commission Schedule: Detailed breakdown of commission rates, tiers, and calculation methods

2. Approved Products and Services: List of products and services the broker is authorized to promote

3. Compliance Procedures: Detailed procedures for client verification, documentation, and regulatory compliance

4. Required Documentation: Templates and forms for client introductions and ongoing reporting

5. Territory Definition: Detailed description of geographical areas covered by the agreement

6. Contact Details: Key contacts at both organizations and escalation procedures

7. Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

Authors

Alex Denne

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

Relevant legal definitions








































Clauses


































Relevant Industries

Financial Services

Banking

Investment Management

Securities Trading

Wealth Management

Insurance

FinTech

Asset Management

Corporate Finance

Private Banking

Relevant Teams

Legal

Compliance

Business Development

Operations

Risk Management

Client Services

Regulatory Affairs

Finance

Partnerships

Product Management

Relevant Roles

Compliance Officer

Legal Counsel

Business Development Manager

Relationship Manager

Chief Operating Officer

Risk Manager

Financial Controller

Head of Partnerships

Regulatory Affairs Director

Client Services Manager

Operations Manager

Chief Compliance Officer

Business Development Director

Partnership Manager

Industries






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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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