The Broker Exclusive Agreement is essential for formalizing exclusive representation arrangements in Malaysia's business landscape. This document is typically used when a client wishes to engage a broker's services on an exclusive basis for specific transactions or within a defined territory. It includes comprehensive details about service scope, commission structures, exclusivity periods, and compliance requirements under Malaysian law. The agreement ensures both parties understand their rights and obligations while adhering to relevant regulations, including the Capital Markets and Services Act 2007 and Securities Commission Malaysia requirements. It's particularly crucial for protecting the interests of both the broker and client in high-value transactions and regulated industries.
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1. Parties: Identification of the broker and the client, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including the broker's qualifications and client's intention to engage broker services
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Territory', 'Exclusive Period', and 'Commission'
4. Appointment and Scope: Terms of the broker's appointment, exclusivity provisions, and detailed scope of services
5. Duration and Termination: Term of the agreement, renewal provisions, and circumstances for termination
6. Broker's Obligations: Detailed responsibilities of the broker, including service standards and regulatory compliance
7. Client's Obligations: Client's responsibilities, including information provision and cooperation requirements
8. Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
9. Confidentiality: Provisions for handling confidential information and trade secrets
10. Representations and Warranties: Standard warranties regarding authority, capacity, and regulatory compliance
11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Non-Compete Clause: Restrictions on client engaging other brokers, used when strict exclusivity is required
2. Intellectual Property: Protection of trademarks and marketing materials, relevant when broker creates custom materials
3. Force Majeure: Provisions for unforeseen circumstances, important in volatile markets
4. Assignment: Rights to transfer the agreement, relevant for corporate clients or potential broker restructuring
5. Insurance: Requirements for professional indemnity insurance, important for high-value transactions
6. Dispute Resolution: Alternative dispute resolution procedures, useful for complex relationships
1. Schedule 1: Service Scope: Detailed description of broker services and exclusivity parameters
2. Schedule 2: Commission Structure: Detailed commission calculations, including examples and special cases
3. Schedule 3: Territory Definition: Geographic or market scope of the exclusive arrangement
4. Schedule 4: Required Documentation: List of documents and information required from client
5. Appendix A: Compliance Requirements: Relevant regulatory requirements and compliance procedures
6. Appendix B: Standard Operating Procedures: Detailed procedures for service delivery and communication protocols
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Financial Services
Securities Trading
Insurance
Commodities
International Trade
Investment Banking
Property Development
Corporate Finance
Mergers and Acquisitions
Relevant Teams
Legal
Compliance
Finance
Operations
Business Development
Risk Management
Sales
Corporate Development
Executive Leadership
Administrative
Relevant Roles
Broker
Business Development Manager
Chief Executive Officer
Chief Financial Officer
Compliance Officer
Contract Manager
Legal Counsel
Operations Manager
Risk Manager
Sales Director
Transaction Manager
Business Owner
Managing Director
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