The Broker Fee Agreement serves as a crucial legal instrument in Malaysian business transactions, establishing the formal relationship between brokers and their clients. This document is essential when engaging brokerage services in various sectors, from financial services to real estate, and must comply with Malaysian regulatory requirements, including the Capital Markets and Services Act 2007. The agreement typically outlines commission structures, service scope, payment terms, and obligations of both parties. It's particularly important in the Malaysian context where specific regulatory compliance and licensing requirements must be addressed. The document should be used whenever a broker is formally engaged to provide services, ensuring clear terms and protecting both parties' interests under Malaysian law.
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1. Parties: Identification of the broker and the client, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including the broker's qualifications and the client's intention to engage brokerage services
3. Definitions: Key terms used throughout the agreement, including technical and financial terms
4. Scope of Services: Detailed description of brokerage services to be provided, including specific markets or transactions covered
5. Broker's Obligations: Duties and responsibilities of the broker, including regulatory compliance and service standards
6. Client's Obligations: Responsibilities of the client, including providing accurate information and necessary documentation
7. Fee Structure: Detailed breakdown of brokerage fees, commission rates, and payment terms
8. Payment Terms: Timing and method of payment, including invoicing procedures and payment deadlines
9. Term and Termination: Duration of the agreement and conditions for termination by either party
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Representations and Warranties: Statements of fact and promises made by both parties
12. Limitation of Liability: Extent and limitations of the broker's liability for losses or damages
13. Governing Law: Specification of Malaysian law as governing law and jurisdiction
14. Execution: Signature blocks and execution requirements
1. Non-Competition: Restrictions on client's engagement with other brokers, used when exclusivity is required
2. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term agreements
3. Insurance: Requirements for professional indemnity insurance, relevant for high-value transactions
4. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration clauses
5. Assignment: Rights and restrictions regarding transfer of rights under the agreement
6. Notices: Formal communication procedures, important for complex business relationships
7. Compliance with Anti-Money Laundering Laws: Additional compliance obligations, necessary for financial services brokers
8. Electronic Communications: Provisions for digital communications and transactions, relevant for modern business practices
1. Schedule A - Fee Schedule: Detailed breakdown of all fees, commission rates, and calculation methods
2. Schedule B - Service Specifications: Detailed description of specific services, markets, or products covered
3. Schedule C - Required Documentation: List of documents required from the client for different types of transactions
4. Schedule D - Compliance Requirements: Specific regulatory requirements and compliance procedures
5. Appendix 1 - Broker's Licenses and Certifications: Copies of relevant licenses and certifications
6. Appendix 2 - Standard Operating Procedures: Detailed procedures for common transactions and services
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