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Introducing Broker Agreement for the United States

Introducing Broker Agreement Template for United States

A legally binding agreement governed by U.S. federal and state securities laws that establishes a relationship between an introducing broker and a principal broker-dealer. The agreement outlines the terms under which the introducing broker will refer clients to the principal, including compensation structures, compliance requirements, and regulatory obligations under SEC, FINRA, and other applicable regulations. It includes provisions for client protection, risk management, and adherence to federal and state-specific financial services laws.

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What is a Introducing Broker Agreement?

The Introducing Broker Agreement is essential in the U.S. financial services industry where brokers seek to expand their client base through strategic partnerships. This document is used when one party wishes to introduce clients to another party that provides financial services, trading platforms, or investment opportunities. The agreement must comply with SEC, FINRA, and state-specific regulations, covering crucial aspects such as commission structures, compliance requirements, and client protection measures. It's particularly important in situations where the introducing broker doesn't execute trades but refers clients to a principal broker who handles the actual transactions.

What sections should be included in a Introducing Broker Agreement?

1. Parties: Identifies all parties to the agreement, including their legal status and contact details

2. Background/Recitals: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Details the introducing broker's obligations and scope of services

5. Compensation: Specifies commission structure and payment terms

6. Regulatory Compliance: Outlines compliance obligations and regulatory requirements

7. Representations and Warranties: States the parties' assertions about their authority and capabilities

8. Term and Termination: Specifies duration and termination conditions

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

1. Non-Solicitation: Restricts solicitation of clients/employees - use when protecting client relationships is crucial

2. White Labeling: Terms for using branded materials - use when broker will use principal's branded materials

3. Training: Requirements for staff training - use when specific training requirements exist

What schedules should be included in a Introducing Broker Agreement?

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

2. Compliance Procedures: Detailed compliance requirements and procedures

3. Required Documentation: List of required customer documentation

4. Service Level Agreement: Performance metrics and service standards

5. Approved Marketing Materials: List of approved marketing materials and usage guidelines

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

United States

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use
Clauses




































Industries

Securities Exchange Act of 1934: Primary federal legislation governing securities trading, establishing SEC, and regulating broker-dealer relationships

Investment Advisers Act of 1940: Federal law regulating investment advisers and their responsibilities to clients

Securities Act of 1933: Federal law requiring registration of securities offerings and full disclosure of material information

Commodity Exchange Act: Federal regulation governing trading in commodity futures and establishing CFTC oversight

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Contains anti-money laundering provisions and customer identification requirements for financial institutions

SEC Regulations: Rules and regulations implemented by the Securities and Exchange Commission governing securities industry

FINRA Rules: Self-regulatory organization rules governing broker-dealers and securities firms

CFTC Regulations: Rules governing commodity futures trading and derivatives markets

NFA Requirements: Self-regulatory organization requirements for futures and derivatives industry participants

Blue Sky Laws: State-specific securities laws governing securities offerings and broker-dealer activities

KYC Requirements: Know Your Customer protocols requiring verification of client identity and suitability assessment

AML Regulations: Anti-Money Laundering requirements for monitoring and reporting suspicious financial activities

Privacy Laws: Federal and state regulations governing the handling and protection of customer data

Record-Keeping Requirements: Mandatory documentation and retention policies for financial transactions and client information

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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