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Sub Broker Agreement for Canada

Sub Broker Agreement Template for Canada

A comprehensive legal agreement governed by Canadian federal and provincial laws, establishing the relationship between a primary broker and a sub-broker. This document outlines the terms and conditions under which the sub-broker is authorized to conduct business on behalf of the primary broker, including regulatory compliance requirements, compensation structures, and operational procedures. It incorporates relevant provisions from Canadian securities legislation, provincial regulatory requirements, and industry standards, while addressing key aspects such as client protection, confidentiality, and risk management.

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What is a Sub Broker Agreement?

The Sub Broker Agreement is essential for financial institutions and brokerage firms operating in Canada who wish to expand their business through authorized representatives. This document is typically used when a registered broker-dealer wants to delegate certain business activities to another broker while maintaining regulatory compliance and operational control. The agreement must align with Canadian federal and provincial securities regulations, including requirements from relevant regulatory bodies such as IIROC. It covers crucial elements such as licensing requirements, commission structures, compliance procedures, client handling protocols, and risk management measures. The document is particularly important in contexts where the primary broker needs to establish clear guidelines and responsibilities for sub-brokers while protecting their business interests and maintaining regulatory compliance.

What sections should be included in a Sub Broker Agreement?

1. Parties: Identification of the primary broker and sub-broker, including registration details and contact information

2. Background: Context of the agreement, including the primary broker's authority to appoint sub-brokers and relevant regulatory framework

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

4. Appointment and Scope: Terms of the sub-broker appointment and authorized activities

5. Regulatory Compliance: Obligations to comply with applicable securities laws, regulations, and industry standards

6. Duties and Responsibilities: Specific duties of the sub-broker, including client service, reporting, and compliance requirements

7. Compensation: Commission structure, payment terms, and calculation methods

8. Representations and Warranties: Statements regarding qualifications, licenses, and compliance status

9. Confidentiality: Protection of confidential information and client data

10. Term and Termination: Duration of agreement and circumstances for termination

11. Indemnification: Mutual indemnification provisions for various risks and liabilities

12. Insurance: Required insurance coverage and minimum limits

13. General Provisions: Standard clauses including governing law, notices, and amendment procedures

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

1. Non-Competition: Restrictions on competing activities, used when protecting the broker's client base is crucial

2. Training Requirements: Specific training obligations, included when the broker provides proprietary systems or methods

3. Marketing and Branding: Rules for using the broker's brand, included when sub-broker will represent the broker's brand

4. Client Transfer Provisions: Procedures for transferring clients upon termination, used in wealth management contexts

5. International Operations: Additional provisions for cross-border activities, included when operating internationally

6. Technology Usage: Terms for using broker's proprietary technology systems, included when specific platforms are provided

7. Performance Standards: Specific performance metrics and requirements, used when implementing performance-based compensation

What schedules should be included in a Sub Broker Agreement?

1. Schedule A - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods

2. Schedule B - Approved Products and Services: List of products and services the sub-broker is authorized to sell or promote

3. Schedule C - Compliance Procedures: Detailed compliance requirements and procedures

4. Schedule D - Required Reports: Templates and timing for required reporting

5. Schedule E - Insurance Requirements: Specific insurance types and coverage limits required

6. Appendix 1 - Registration Documentation: Copies of licenses, registrations, and certifications

7. Appendix 2 - Technology Systems Access Agreement: Terms and conditions for access to broker's technology platforms

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

Securities Trading

Investment Management

Real Estate

Insurance Brokerage

Wealth Management

Commodity Trading

Foreign Exchange Trading

Relevant Teams

Legal

Compliance

Operations

Risk Management

Business Development

Finance

Human Resources

Training and Development

Client Services

Regulatory Affairs

Relevant Roles

Chief Compliance Officer

Legal Counsel

Compliance Manager

Operations Director

Business Development Manager

Risk Manager

Broker-Dealer

Financial Advisor

Investment Advisor

Relationship Manager

Branch Manager

Regional Director

Securities Trader

Wealth Management Advisor

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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