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The Broker Exclusive Agreement is a critical document used in Hong Kong's financial services industry to establish and formalize an exclusive relationship between a licensed securities broker and their client. This agreement is particularly important in Hong Kong's highly regulated financial market, where strict compliance with Securities and Futures Commission (SFC) requirements is essential. The document is typically used when a client wishes to engage a single broker for their securities trading activities, ensuring clear terms for exclusivity, service scope, and fee arrangements. It includes comprehensive provisions covering regulatory compliance, risk management, and operational procedures, while adhering to Hong Kong's legal framework. The agreement is designed to protect both parties' interests while maintaining transparency and regulatory compliance in the broker-client relationship.

1. Parties: Identifies and provides full details of the broker and the client, including licensing information for the broker

2. Background: Sets out the context of the agreement, including the broker's services and the client's intention to engage the broker exclusively

3. Definitions: Defines key terms used throughout the agreement, including specific financial products, services, and regulatory terms

4. Appointment and Scope: Details the exclusive appointment of the broker and specific services covered under the agreement

5. Duration and Exclusivity: Specifies the term of the agreement and the nature of the exclusive relationship

6. Broker's Rights and Obligations: Outlines the broker's responsibilities, duties, and authority to act on behalf of the client

7. Client's Rights and Obligations: Specifies the client's responsibilities, including providing accurate information and maintaining minimum account requirements

8. Fees and Commission: Details all fees, commissions, and other charges payable to the broker

9. Compliance and Regulatory Matters: Addresses compliance with SFC regulations, AML requirements, and other applicable laws

10. Confidentiality: Sets out obligations regarding the protection of confidential information and personal data

11. Representations and Warranties: Contains standard representations and warranties from both parties

12. Termination: Specifies grounds for termination and the process for ending the agreement

13. General Provisions: Includes standard boilerplate clauses such as notices, amendments, and governing law