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Broker To Broker Agreement
"Need a Broker to Broker Agreement for our Hong Kong securities firm to establish a commission-sharing arrangement with an international broker, with particular focus on electronic trading integration and cross-border transactions, to be implemented by March 2025."
1. Parties: Identification of the contracting broker firms, including their regulatory status and licensing details
2. Background: Context of the agreement and brief description of the parties' businesses and intended cooperation
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Scope of Agreement: Nature and extent of the broker-to-broker relationship and services to be provided
5. Regulatory Compliance: Mutual obligations regarding SFC regulations, licensing requirements, and other applicable laws
6. Representatives and Warranties: Fundamental promises about licensing status, authority, and compliance with laws
7. Operating Procedures: Day-to-day operational procedures for inter-broker transactions and communications
8. Fees and Commission Sharing: Financial arrangements between the brokers, including fee structures and payment terms
9. Confidentiality and Data Protection: Obligations regarding client data, trade information, and general confidentiality
10. Risk Allocation and Indemnities: Distribution of risks and responsibilities between the parties
11. Term and Termination: Duration of the agreement and circumstances for termination
12. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Cross-Border Provisions: Additional terms for agreements involving cross-border trading or international clients
2. Electronic Trading Arrangements: Specific provisions for electronic trading platforms and systems integration
3. Research Sharing: Terms for sharing research and analysis between brokers
4. Client Referral Terms: Procedures and terms for mutual client referrals
5. Clearing and Settlement: Detailed procedures for clearing and settlement if not handled by a third-party clearing house
6. Force Majeure: Provisions for handling extraordinary events affecting market operations
1. Schedule 1 - Contact Details: List of key contacts and authorized representatives from each broker
2. Schedule 2 - Commission Rates: Detailed breakdown of commission structures and rates
3. Schedule 3 - Operating Procedures: Detailed operational workflows and procedures
4. Schedule 4 - Compliance Requirements: Specific regulatory compliance procedures and requirements
5. Schedule 5 - Service Level Agreement: Performance metrics and service standards
6. Appendix A - Required Forms: Standard forms and documentation required for inter-broker transactions
7. Appendix B - Technical Specifications: Technical requirements for systems integration and electronic trading
Authors
Financial Services
Securities Trading
Investment Banking
Asset Management
Wealth Management
Financial Technology
Capital Markets
Corporate Finance
Legal
Compliance
Trading Operations
Risk Management
Business Development
Operations
Finance
Regulatory Affairs
Corporate Development
Partnership Management
Compliance Officer
Legal Counsel
Head of Trading
Chief Operating Officer
Risk Manager
Operations Director
Business Development Manager
Head of Compliance
General Counsel
Trading Director
Partnership Manager
Chief Executive Officer
Head of Legal
Regulatory Affairs Manager
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