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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."
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
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
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
Financial Services
Investment Banking
Securities Trading
Asset Management
Wealth Management
Capital Markets
Investment Management
Private Banking
Institutional Banking
Corporate Finance
Legal
Compliance
Trading
Operations
Risk Management
Client Services
Business Development
Account Management
Securities Services
Middle Office
Back Office
Regulatory Reporting
Documentation
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
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