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Business Broker Agreement for the United Kingdom

Business Broker Agreement Template for England and Wales

A Business Broker Agreement is a legally binding contract under English and Welsh law that establishes the terms and conditions between a business broker and their client for the provision of business brokerage services. The agreement outlines the scope of services, commission structure, confidentiality obligations, and the responsibilities of both parties. It typically includes provisions for compliance with UK financial regulations, data protection requirements, and professional standards while providing clear terms for dispute resolution and termination.

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What is a Business Broker Agreement?

The Business Broker Agreement serves as the foundational document for establishing professional relationships in business brokerage services under English and Welsh law. This document is essential when engaging a broker to facilitate the sale, purchase, or valuation of a business. It provides comprehensive coverage of service scope, compensation structures, confidentiality requirements, and regulatory compliance obligations. The agreement is particularly crucial in protecting both parties' interests while ensuring alignment with UK financial regulations and professional standards.

What sections should be included in a Business Broker Agreement?

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

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope of Services: Terms of broker's appointment and detailed description of services to be provided

5. Broker's Obligations: Key responsibilities and duties of the broker

6. Client's Obligations: Key responsibilities and duties of the client

7. Fees and Payment Terms: Commission structure, payment terms, and expenses

8. Confidentiality: Obligations regarding confidential information

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

10. Governing Law and Jurisdiction: Applicable law and dispute resolution procedures

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

1. Non-Compete Provisions: Restrictions on competitive activities - use when protecting against direct competition is important

2. Intellectual Property Rights: Protection of IP and licensing terms - use when IP is involved in the transaction

3. Force Majeure: Provisions for unforeseen circumstances - use when long-term commitments are involved

4. Insurance Requirements: Specific insurance obligations - use when high-value transactions are involved

5. Data Protection: GDPR and data protection compliance - use when personal data processing is involved

What schedules should be included in a Business Broker Agreement?

1. Schedule of Services: Detailed breakdown of broker's services

2. Commission Schedule: Detailed commission structure and calculations

3. Required Information Schedule: List of information/documents required from client

4. Compliance Requirements: Regulatory and compliance obligations

5. Service Level Agreement: Performance metrics and service standards

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

England and Wales

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions
































Clauses





























Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, essential if the broker deals with regulated financial activities

Companies Act 2006: Core legislation governing company operations and corporate transactions in the UK

Consumer Protection from Unfair Trading Regulations 2008: Protects against unfair practices in business-to-consumer transactions

Business Protection from Misleading Marketing Regulations 2008: Regulates business-to-business marketing and protects against misleading practices

Data Protection Act 2018 and UK GDPR: Governs the processing and handling of personal data and privacy requirements

Commercial Agents Regulations 1993: Implements EU Directive on commercial agents, providing statutory rights and obligations for commercial agents

Money Laundering Regulations 2017: Sets out anti-money laundering requirements and due diligence procedures

Proceeds of Crime Act 2002: Deals with handling proceeds of crime and reporting obligations

Law of Property (Miscellaneous Provisions) Act 1989: Governs formal requirements for certain types of contracts and property transactions

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts and limits ability to exclude certain types of liability

Contracts (Rights of Third Parties) Act 1999: Governs third party rights in contractual relationships

Employment Rights Act 1996: Important for establishing clear distinction between employment and self-employment status of brokers

Common Law Agency Principles: Established legal principles governing agency relationships, duties, and obligations

FCA Regulations: Financial Conduct Authority regulations applicable to regulated financial activities and broking services

Professional Indemnity Insurance Requirements: Insurance obligations and requirements for business brokers to maintain appropriate coverage

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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