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Broker Dealer Services Agreement Template for Netherlands

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Key Requirements PROMPT example:

Broker Dealer Services Agreement

"I need a Broker Dealer Services Agreement for our Dutch investment bank that will provide prime brokerage and securities lending services to institutional clients, including pension funds and insurance companies, starting March 2025."

Document background
The Broker Dealer Services Agreement is a crucial document used when establishing a professional relationship between a broker-dealer and its clients in the Netherlands. This agreement is designed to comply with Dutch financial regulations, particularly the Financial Supervision Act (Wft) and EU-wide regulations such as MiFID II. It is typically used when a broker-dealer provides services such as securities trading, clearing, settlement, and related financial services to professional or institutional clients. The agreement includes detailed provisions on service scope, regulatory compliance, client asset protection, risk management, and reporting obligations, ensuring both parties understand their rights and obligations under Dutch and EU law.
Suggested Sections

1. Parties: Identification of the broker-dealer and the client, including registration details and regulatory status

2. Background: Context of the agreement, relationship overview, and regulatory framework acknowledgment

3. Definitions: Key terms used throughout the agreement, including regulatory and technical terminology

4. Services: Detailed description of broker-dealer services to be provided, including execution, clearing, and settlement services

5. Client Classification: Classification of the client under MiFID II/Wft and resulting protections and obligations

6. Orders and Execution: Process for placing, accepting, and executing orders, including best execution obligations

7. Fees and Charges: Compensation structure, fees, commissions, and payment terms

8. Client Money and Assets: Handling and protection of client funds and securities under Dutch law

9. Representations and Warranties: Standard and regulatory-specific representations from both parties

10. Compliance and Regulatory Matters: Obligations regarding market abuse, insider trading, and regulatory reporting

11. Risk Disclosures: Mandatory risk warnings and disclosures required under Dutch/EU law

12. Conflicts of Interest: Identification and management of potential conflicts

13. Term and Termination: Duration, renewal, and termination provisions

14. Liability and Indemnification: Limitation of liability and indemnification provisions compliant with Dutch law

15. Confidentiality and Data Protection: Confidentiality obligations and GDPR compliance provisions

16. Governing Law and Jurisdiction: Dutch law as governing law and jurisdiction provisions

Optional Sections

1. Research Services: Include when the broker-dealer provides investment research services

2. Electronic Trading Systems: Include when providing access to electronic trading platforms

3. Prime Brokerage Services: Include for clients requiring prime brokerage services

4. Securities Lending: Include if securities lending services are offered

5. Margin Trading: Include if margin trading services are provided

6. Corporate Actions: Include for services related to corporate actions processing

7. Foreign Exchange Services: Include if FX services are part of the offering

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of all services offered

2. Schedule 2 - Fee Schedule: Comprehensive fee structure and calculations

3. Schedule 3 - Order Execution Policy: Best execution policy as required by MiFID II

4. Schedule 4 - Risk Disclosures: Detailed risk warnings and disclosures

5. Schedule 5 - Electronic Trading Terms: Terms for electronic trading platform access

6. Schedule 6 - Compliance Requirements: Detailed compliance procedures and requirements

7. Appendix A - Account Opening Forms: Required documentation for account opening

8. Appendix B - Power of Attorney: Standard power of attorney form if required

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

Investment Banking

Securities Trading

Asset Management

Wealth Management

Capital Markets

Investment Management

Private Banking

Institutional Banking

Corporate Finance

Relevant Teams

Legal

Compliance

Trading

Operations

Risk Management

Client Services

Business Development

Account Management

Securities Services

Middle Office

Back Office

Regulatory Reporting

Documentation

Relevant Roles

Chief Compliance Officer

Legal Counsel

Head of Trading

Risk Manager

Operations Director

Relationship Manager

Chief Operating Officer

Head of Securities Services

Compliance Manager

Trading Director

Account Manager

Legal Director

Head of Client Services

Chief Risk 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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