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Broker Dealer Agreement for Canada

Broker Dealer Agreement Template for Canada

This document establishes the legal and operational framework for broker-dealer services in Canada, governed by federal and provincial securities regulations, particularly IIROC rules. It outlines the terms and conditions under which a registered broker-dealer provides trading, execution, and related financial services to clients. The agreement incorporates regulatory requirements including client documentation, risk disclosures, trading procedures, compliance obligations, and reporting requirements, while adhering to Canadian securities laws and anti-money laundering regulations.

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What is a Broker Dealer Agreement?

The Broker Dealer Agreement serves as the primary contractual framework for establishing and governing relationships between registered broker-dealers and their clients in the Canadian financial markets. This document is essential when a broker-dealer begins providing trading, execution, or related financial services to new clients, whether institutional or retail. The agreement must comply with federal securities regulations, provincial securities laws, and IIROC requirements, incorporating mandatory disclosures, risk warnings, and operational procedures. It covers crucial aspects such as trading authorization, account management, fee structures, compliance obligations, and reporting requirements, while addressing specific Canadian regulatory requirements including anti-money laundering provisions and privacy laws.

What sections should be included in a Broker Dealer Agreement?

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

2. Background: Context of the agreement and relationship between parties

3. Definitions: Defined terms used throughout the agreement

4. Scope of Services: Detailed description of brokerage and dealing services to be provided

5. Registration and Regulatory Compliance: Confirmation of regulatory status and compliance obligations

6. Client Obligations: Client's responsibilities, including information provision and regulatory compliance

7. Trading Authorization and Procedures: Trading parameters, execution procedures, and authorization levels

8. Fees and Compensation: Fee structure, commissions, and payment terms

9. Risk Disclosure: Mandatory risk warnings and disclosures

10. Account Management: Account opening, maintenance, and closing procedures

11. Reporting Requirements: Trade confirmations, account statements, and other required reports

12. Confidentiality: Protection of confidential information and trade secrets

13. Anti-Money Laundering Compliance: AML procedures and requirements

14. Representations and Warranties: Standard and regulatory-specific representations

15. Indemnification: Mutual indemnification provisions

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

17. Governing Law and Jurisdiction: Choice of law and dispute resolution procedures

18. General Provisions: Standard boilerplate clauses

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

1. Electronic Trading Services: Terms for electronic trading platforms and services, include if online trading is offered

2. Research Services: Terms relating to provision of research services, if applicable

3. Margin Trading: Terms for margin trading services, if offered

4. Options Trading: Specific terms for options trading, if this service is provided

5. Foreign Exchange Services: Terms for FX trading services, if offered

6. Institutional Client Terms: Additional terms specific to institutional clients, if applicable

7. Algorithmic Trading: Terms for algorithmic trading services, if offered

8. Data Protection: Additional privacy and data protection terms, if handling EU/UK clients or upon client request

What schedules should be included in a Broker Dealer Agreement?

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

2. Schedule B - Trading Parameters: Specific trading limits, restricted securities, and execution parameters

3. Schedule C - Authorized Persons: List of authorized traders and their permissions

4. Schedule D - Account Opening Forms: Standard account opening documentation and KYC forms

5. Schedule E - Risk Disclosure Statement: Detailed risk disclosures required by regulations

6. Schedule F - Electronic Trading Terms: Detailed terms for electronic trading platforms

7. Appendix 1 - Compliance Procedures: Detailed compliance procedures and requirements

8. Appendix 2 - Required Regulatory Disclosures: Mandatory disclosures required by IIROC and securities regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions




















































Clauses









































Relevant Industries

Financial Services

Investment Banking

Securities Trading

Wealth Management

Asset Management

Capital Markets

Financial Technology

Investment Management

Private Banking

Institutional Banking

Relevant Teams

Legal

Compliance

Trading Operations

Risk Management

Client Services

Account Management

Regulatory Affairs

Business Development

Operations

Investment Advisory

Documentation

Relevant Roles

Chief Compliance Officer

Legal Counsel

Compliance Manager

Trading Operations Manager

Risk Manager

Account Manager

Relationship Manager

Securities Trader

Investment Advisor

Operations Director

Chief Legal Officer

Regulatory Affairs Director

Business Development Manager

Client Services 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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