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Broker Fee Contract Template for Hong Kong

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Key Requirements PROMPT example:

Broker Fee Contract

"I need a Broker Fee Contract for a real estate brokerage firm in Hong Kong, with an exclusive arrangement and a tiered commission structure based on property value ranges, to be effective from March 2025."

Document background
The Broker Fee Contract is a crucial document used in Hong Kong's business environment to formalize the relationship between brokers and their clients. It is essential for various types of brokerage services, including securities, real estate, insurance, and commodities trading. The document must comply with Hong Kong's regulatory requirements, including relevant ordinances and regulatory guidelines from bodies such as the Securities and Futures Commission or Estate Agents Authority. This contract type typically includes detailed fee structures, service scope, compliance obligations, and risk allocations, reflecting Hong Kong's status as a major international financial and commercial center. It serves as both a legal protection and operational framework for brokerage relationships.
Suggested Sections

1. Parties: Identifies the broker and the client, including their full legal names, addresses, and any relevant registration or license numbers

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

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Services: Details the specific brokerage services to be provided, including any territorial or product limitations

5. Broker's Obligations: Lists the duties and responsibilities of the broker, including regulatory compliance requirements

6. Client's Obligations: Outlines the client's responsibilities and commitments to enable the broker to perform the services

7. Fee Structure: Details the broker's fees, commission rates, and calculation methods

8. Payment Terms: Specifies payment timing, methods, and conditions for fee payment

9. Term and Termination: Sets out the duration of the agreement and circumstances for termination

10. Confidentiality: Establishes obligations regarding confidential information

11. Liability and Indemnification: Defines the extent of broker's liability and any indemnification provisions

12. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes

13. General Provisions: Contains standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Exclusivity: Optional clause for exclusive brokerage arrangements, defining the scope and duration of exclusivity

2. Performance Targets: Sets specific performance metrics for the broker, used in long-term or high-value arrangements

3. Sub-brokers: Provisions regarding the appointment and management of sub-brokers, if permitted

4. Insurance: Specific insurance requirements beyond statutory minimums, typically for high-value transactions

5. Non-Competition: Restrictions on broker's activities with competitors, used in specialist or sensitive markets

6. Force Majeure: Provisions for unforeseen circumstances affecting performance, important in long-term arrangements

7. Data Protection: Additional data handling requirements beyond basic privacy compliance

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, commission rates, and calculation methods

2. Schedule 2 - Service Specifications: Detailed description of specific services to be provided

3. Schedule 3 - Broker's Licenses and Qualifications: Copies or details of relevant licenses and professional qualifications

4. Schedule 4 - Compliance Requirements: List of applicable regulatory requirements and compliance procedures

5. Appendix A - Standard Operating Procedures: Detailed procedures for service delivery and client interaction

6. Appendix B - Reporting Templates: Standard forms for performance reporting and fee calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Real Estate

Insurance

Securities Trading

Commodities Trading

Shipping

Investment Banking

Private Equity

Venture Capital

Asset Management

Property Development

Maritime Trade

International Trade

Commercial Real Estate

Residential Real Estate

Relevant Teams

Legal

Compliance

Finance

Operations

Risk Management

Business Development

Sales

Client Relations

Corporate Secretarial

Executive Management

Contract Administration

Relevant Roles

Broker

Account Manager

Compliance Officer

Legal Counsel

Contract Manager

Risk Manager

Chief Financial Officer

Business Development Manager

Operations Manager

Relationship Manager

Managing Director

Chief Executive Officer

Sales Director

Compliance Manager

General Counsel

Finance Director

Company Secretary

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

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