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Broker Client Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the contractual relationship between a licensed securities broker and their client. This document outlines the terms and conditions for securities trading services, including account operation, trading authorization, fee structures, and risk disclosures. It ensures compliance with the Securities Regulation Code (Republic Act No. 8799) and related Philippine securities regulations while defining the rights, obligations, and responsibilities of both the broker and the client in securities transactions.

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What is a Broker Client Agreement?

The Broker Client Agreement serves as the foundational document for establishing and governing the relationship between licensed securities brokers and their clients in the Philippines. This agreement is essential for compliance with the Securities Regulation Code and various regulations issued by the Philippine Securities and Exchange Commission. It encompasses critical aspects such as client classification, service scope, trading authorizations, risk disclosures, and fee structures. The document is designed to protect both parties' interests while ensuring transparency and regulatory compliance in securities trading activities. The agreement must incorporate specific requirements under Philippine law, including anti-money laundering provisions, know-your-client procedures, and mandatory risk disclosures.

What sections should be included in a Broker Client Agreement?

1. Parties: Identification of the broker and client, including complete legal names, addresses, and registration details

2. Background: Brief context of the agreement and the broker's regulatory status under Philippine law

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

4. Scope of Services: Detailed description of brokerage services offered, including trading, custody, and advisory services if applicable

5. Client Classification: Classification of the client (retail/professional) and corresponding rights and protections

6. Trading Authorization: Terms governing the broker's authority to execute trades on behalf of the client

7. Client Obligations: Client's responsibilities including providing accurate information and maintaining sufficient funds

8. Fees and Charges: Comprehensive breakdown of all fees, commissions, and other charges

9. Risk Disclosure: Mandatory risk warnings and acknowledgments as required by Philippine securities regulations

10. Orders and Execution: Procedures for placing, modifying, and canceling orders

11. Settlement and Custody: Terms for trade settlement and safekeeping of client assets

12. Communications: Methods and protocols for official communications between parties

13. Representations and Warranties: Standard legal declarations by both parties

14. Compliance with Laws: Obligations regarding securities laws, anti-money laundering, and other regulations

15. Termination: Conditions and procedures for ending the agreement

16. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

What sections are optional to include in a Broker Client Agreement?

1. Online Trading Services: Terms specific to electronic trading platforms, if offered

2. Margin Trading Facility: Terms for margin trading services, if offered to eligible clients

3. Foreign Securities Trading: Additional terms for trading in foreign markets, if applicable

4. Joint Accounts: Special provisions for accounts with multiple holders

5. Corporate Client Provisions: Additional terms specific to corporate or institutional clients

6. Discretionary Trading Authorization: Terms for discretionary account management, if applicable

7. Research Services: Terms governing provision of research and analysis, if offered

8. Securities Borrowing and Lending: Terms for securities lending services, if offered

What schedules should be included in a Broker Client Agreement?

1. Schedule A - Fee Schedule: Detailed breakdown of all applicable fees, commissions, and charges

2. Schedule B - Account Opening Requirements: List of required documents and information for account opening

3. Schedule C - Risk Disclosure Statement: Detailed risk disclosures as required by Philippine regulations

4. Schedule D - Trading Procedures: Detailed procedures for order placement and execution

5. Schedule E - Online Trading Terms: Specific terms and conditions for electronic trading platform

6. Schedule F - Authorized Persons: List of persons authorized to trade on behalf of the client

7. Appendix 1 - Know Your Customer Form: Standard KYC form as required by Philippine regulations

8. Appendix 2 - Customer Investment Profile: Client's investment objectives, risk tolerance, and experience

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Philippines

Document Type

Broker Agreement

Cost

Free to use

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