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Brokerage Contract for Switzerland

Brokerage Contract Template for Switzerland

A comprehensive legal agreement governed by Swiss law, specifically the Swiss Code of Obligations (OR), that establishes and regulates the relationship between a broker and their principal. This document outlines the scope of brokerage services, compensation structure, rights and obligations of both parties, and compliance requirements. It incorporates specific provisions required under Swiss legislation, including relevant cantonal laws where applicable, and addresses key aspects such as commission terms, exclusivity rights, and termination conditions. The agreement is designed to provide clear guidelines while maintaining flexibility for various types of brokerage services across different sectors.

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What is a Brokerage Contract?

The Brokerage Contract is a fundamental legal instrument used in Switzerland to formalize intermediary relationships across various business sectors. This document is essential when engaging a broker to facilitate transactions, whether in real estate, financial services, or commercial dealings. The contract, governed by Articles 412-418 of the Swiss Code of Obligations, ensures compliance with Swiss legal requirements while protecting both the broker's and principal's interests. It becomes necessary when a party seeks to engage a professional intermediary to facilitate transactions or business opportunities, requiring clear definition of service scope, commission structures, and regulatory compliance. The Brokerage Contract is particularly important in Switzerland's sophisticated business environment, where precise definition of rights, obligations, and compensation terms is crucial for successful business relationships.

What sections should be included in a Brokerage Contract?

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

2. Background: Context of the brokerage relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

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

5. Broker's Rights and Obligations: Specific duties, responsibilities, and rights of the broker

6. Principal's Rights and Obligations: Specific duties, responsibilities, and rights of the principal

7. Commission and Payment Terms: Structure and conditions for broker's compensation, including payment timing and methods

8. Term and Termination: Duration of the agreement and conditions for termination

9. Confidentiality: Obligations regarding confidential information

10. Liability and Indemnification: Extent of broker's liability and indemnification provisions

11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

12. Miscellaneous: Standard legal provisions including severability, entire agreement, and amendments

What sections are optional to include in a Brokerage Contract?

1. Exclusivity: Terms of exclusive brokerage rights, if applicable

2. Compliance with Anti-Money Laundering Regulations: Required for financial services and real estate brokerage

3. Sub-Brokers: Terms for engaging sub-brokers or intermediaries

4. Insurance Requirements: Specific insurance obligations for high-value or regulated brokerage services

5. Data Protection and Privacy: Required when personal data processing is involved

6. Competition Restrictions: Non-compete and non-solicitation provisions if relevant

7. Professional Qualifications: Required for regulated sectors like financial services or real estate

8. Transaction Reporting: Specific reporting requirements for regulated sectors

What schedules should be included in a Brokerage Contract?

1. Schedule 1 - Service Description: Detailed breakdown of specific brokerage services

2. Schedule 2 - Commission Structure: Detailed commission calculations and examples

3. Schedule 3 - Required Documentation: List of documents required for transactions

4. Schedule 4 - Compliance Procedures: Detailed compliance requirements and procedures

5. Appendix A - Power of Attorney: If broker requires specific authorization to act on principal's behalf

6. Appendix B - Standard Forms: Templates for transaction documentation

7. Appendix C - Territory Definition: Geographic scope of broker's authority if territorially limited

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

Switzerland

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions


































Clauses


































Relevant Industries

Real Estate

Financial Services

Insurance

Commodities Trading

Art and Collectibles

Business Brokerage

Merger and Acquisition

Commercial Property

Investment Services

International Trade

Relevant Teams

Legal

Compliance

Business Development

Commercial Operations

Risk Management

Client Services

Partnerships

Contracts Administration

Transaction Support

Advisory Services

Relevant Roles

Broker

Real Estate Agent

Business Development Manager

Legal Counsel

Compliance Officer

Contract Manager

Investment Advisor

Commercial Director

Business Intermediary

Transaction Manager

Partnership Manager

Chief Legal Officer

Risk Manager

Operations Director

Client Relations 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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