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Broker Intermediary Agreement for the United States

Broker Intermediary Agreement Template for United States

A Broker Intermediary Agreement is a legally binding contract used in the United States that establishes the terms and conditions between a principal and a broker who acts as an intermediary in various transactions. The agreement defines the scope of services, compensation structure, responsibilities, and obligations of both parties while ensuring compliance with federal and state-specific regulations, including securities laws, licensing requirements, and industry-specific guidelines.

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Broker Intermediary Agreement

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What is a Broker Intermediary Agreement?

The Broker Intermediary Agreement serves as a fundamental document in establishing professional relationships between principals and brokers across various industries in the United States. This agreement is essential when a principal requires the services of a licensed intermediary to facilitate transactions, whether in securities, real estate, insurance, or other regulated sectors. The document addresses key aspects such as commission structures, service territories, compliance requirements, and risk allocation while adhering to federal regulations and state-specific laws. It provides legal protection for both parties and ensures clarity in their business relationship.

What sections should be included in a Broker Intermediary Agreement?

1. Parties: Identification and details of the broker and the principal

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of broker's services and responsibilities

5. Compensation: Fee structure, commission rates, and payment terms

6. Term and Termination: Duration of agreement and termination provisions

7. Confidentiality: Protection of confidential information

8. Representations and Warranties: Statements of fact and promises by both parties

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

1. Non-Competition: Restrictions on competitive activities when protecting market territory or client relationships

2. International Provisions: Compliance with international laws and regulations for cross-border transactions

3. Force Majeure: Provisions for unforeseeable circumstances when significant external risks exist

What schedules should be included in a Broker Intermediary Agreement?

1. Commission Schedule: Detailed breakdown of commission rates and calculations

2. Service Territory: Geographic or market scope of broker's authority

3. Required Licenses: List of mandatory licenses and certifications

4. Compliance Procedures: Detailed compliance requirements and procedures

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

Jurisdiction

United States

Document Type

Broker Agreement

Cost

Free to use
Clauses







































Industries

Securities Exchange Act 1934: Federal law governing securities trading and broker-dealer activities, establishing registration and conduct requirements for securities brokers

Dodd-Frank Act: Comprehensive financial reform legislation affecting broker activities, including enhanced reporting requirements and fiduciary duties

Foreign Corrupt Practices Act: Federal law prohibiting bribery of foreign officials in international business transactions, relevant for brokers operating internationally

Anti-Money Laundering Regulations: Federal requirements for brokers to maintain programs to detect and prevent money laundering activities

Bank Secrecy Act: Requires brokers to assist government agencies in detecting and preventing money laundering by maintaining records and filing reports

State Broker Registration Requirements: State-specific laws requiring brokers to register and maintain licenses in jurisdictions where they operate

State Licensing Laws: State-level requirements for broker licensing, continuing education, and maintenance of professional standards

State Contract Laws: State-specific rules governing contract formation, enforcement, and interpretation

State Consumer Protection Laws: State-level regulations protecting consumers from unfair or deceptive practices by brokers

FINRA Regulations: Rules and requirements set by the Financial Industry Regulatory Authority for securities brokers and dealers

Real Estate Broker Regulations: Specific rules governing real estate broker activities, including licensing and conduct requirements

Insurance Broker Regulations: Specific rules governing insurance broker activities, including licensing and conduct requirements

CFTC Regulations: Commodity Futures Trading Commission rules governing commodity brokers and futures trading

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

Uniform Commercial Code: Standardized set of laws governing commercial transactions, including broker activities in commerce

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data

Independent Contractor Classification Rules: Federal and state guidelines for determining whether a broker is an independent contractor or employee

State Labor Laws: State-specific regulations governing employment relationships and worker protection

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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