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Broker Client Agreement Template for Malaysia

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Key Requirements PROMPT example:

Broker Client Agreement

"I need a Broker Client Agreement for our Malaysian securities firm that includes both traditional and electronic trading services, with specific provisions for institutional clients and enhanced risk disclosures for derivatives trading, targeting implementation by March 2025."

Document background
The Broker Client Agreement is a fundamental document required under Malaysian securities regulations for establishing a formal relationship between licensed securities brokers and their clients. This agreement is mandated by the Capital Markets and Services Act 2007 and must comply with Securities Commission Malaysia guidelines and Bursa Malaysia Securities Berhad rules. It covers essential aspects such as account opening procedures, trading authorizations, risk disclosures, fee structures, and client obligations. The document is crucial for both retail and institutional clients seeking to trade securities through a Malaysian licensed broker, providing legal protection for both parties and ensuring regulatory compliance. The agreement typically includes provisions for both traditional and electronic trading services, making it adaptable to modern trading platforms while maintaining regulatory requirements.
Suggested Sections

1. Parties: Identification of the licensed broker and the client, including registration/license numbers and contact details

2. Background: Brief context of the agreement, broker's licensing status, and general purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including regulatory terminology and market-specific definitions

4. Appointment and Scope of Services: Details of the broker's appointment and the specific services to be provided

5. Client Account Opening and Maintenance: Requirements and procedures for opening and maintaining trading accounts

6. Trading Authorization and Instructions: Procedures for placing trades and handling client instructions

7. Fees and Commissions: Detailed breakdown of all fees, commissions, and charges

8. Client's Obligations and Acknowledgments: Client's responsibilities, representations, and warranties

9. Risk Disclosure: Mandatory risk disclosures required by Malaysian regulations

10. Settlement and Payment Terms: Procedures and timeframes for trade settlement and payment

11. Default and Termination: Events of default, consequences, and termination procedures

12. Confidentiality and Data Protection: Obligations regarding client data and compliance with PDPA 2010

13. Notices and Communications: Methods and requirements for formal communications between parties

14. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction provisions

15. General Provisions: Standard boilerplate clauses including amendment procedures, severability, and entire agreement

Optional Sections

1. Electronic Trading Platform Terms: Terms specific to electronic trading platforms, required if online trading services are offered

2. Margin Trading Terms: Specific terms for margin trading facilities, if margin trading is offered

3. Foreign Trading Terms: Terms for trading in foreign securities, if international trading is offered

4. Nominee Services: Terms for nominee and custodial services, if provided

5. Islamic Trading Account Terms: Specific terms for Shariah-compliant trading accounts, if offered

6. Joint Account Provisions: Additional terms for joint account holders, if joint accounts are permitted

7. Structured Products Trading: Terms for trading in structured products, if such products are offered

Suggested Schedules

1. Schedule 1: Fee Schedule: Detailed breakdown of all fees, charges, and commission rates

2. Schedule 2: Risk Disclosure Statement: Comprehensive risk disclosure statements required by Malaysian regulations

3. Schedule 3: Trading Rules and Procedures: Detailed trading procedures, cut-off times, and operational requirements

4. Schedule 4: Electronic Trading Platform Guide: Technical requirements and user guidelines for electronic trading platforms

5. Schedule 5: Document Checklist: List of required documents for account opening and KYC procedures

6. Appendix A: Account Opening Forms: Standard forms required for account opening and client information

7. Appendix B: Authorized Signatory List: Format for recording authorized persons who can trade on behalf of the client

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










































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Relevant Industries

Financial Services

Securities Trading

Investment Banking

Wealth Management

Asset Management

Corporate Banking

Capital Markets

Financial Technology

Professional Services

Regulatory Compliance

Relevant Teams

Legal

Compliance

Trading Operations

Client Services

Risk Management

Operations

Client Onboarding

Regulatory Affairs

Business Development

Front Office

Middle Office

Back Office

Information Technology

Documentation

Relevant Roles

Compliance Officer

Legal Counsel

Broker-Dealer Representative

Trading Manager

Account Manager

Risk Manager

Operations Manager

Client Services Manager

Chief Operating Officer

Head of Trading

Head of Compliance

General Counsel

KYC Officer

Client Onboarding Specialist

Regulatory Affairs Officer

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

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