The Broker to Broker Agreement serves as a crucial legal framework for establishing collaborative relationships between brokerage firms operating in Indonesia. This document is essential when two brokers wish to formalize their business relationship, whether for client referrals, commission sharing, or joint service offerings. The agreement must comply with Indonesian regulatory requirements, including OJK regulations and the Capital Markets Law (Law No. 8 of 1995), while addressing practical aspects such as commission structures, client protection, and operational procedures. It's particularly relevant in situations where brokers seek to expand their service offerings, enter new markets, or create strategic partnerships while maintaining regulatory compliance and protecting their respective interests.
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1. Parties: Identification and details of the broker firms entering into the agreement
2. Background: Context of the agreement and brief description of the brokers' businesses
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Collaboration: Define the nature and extent of cooperation between the brokers
5. Licensing and Regulatory Compliance: Confirmation of required licenses and compliance obligations
6. Commission Structure: Details of commission sharing and fee arrangements
7. Confidentiality: Obligations regarding confidential information and trade secrets
8. Representations and Warranties: Key assurances and declarations by both parties
9. Client Allocation and Protection: Rules for client handling and non-solicitation provisions
10. Risk Management: Procedures for managing operational and financial risks
11. Dispute Resolution: Procedures for handling disputes between the parties
12. Term and Termination: Duration of agreement and conditions for termination
13. Governing Law: Specification of Indonesian law as governing law
14. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Cross-Border Transactions: Include when brokers operate in multiple jurisdictions
2. Electronic Trading Systems: Include when parties share or integrate electronic trading platforms
3. Research Sharing: Include when parties agree to share market research and analysis
4. Training and Support: Include when one broker provides training to the other's staff
5. White Labeling: Include when one broker's services are provided under the other's brand
6. Disaster Recovery: Include when parties need specific business continuity arrangements
7. Anti-Money Laundering: Include detailed AML procedures when dealing with high-risk transactions
8. Data Protection: Include when significant personal data processing is involved
1. Schedule 1 - Commission Rates: Detailed breakdown of commission rates and calculations
2. Schedule 2 - Operating Procedures: Day-to-day operational procedures and protocols
3. Schedule 3 - Authorized Representatives: List of authorized personnel from each broker
4. Schedule 4 - Service Level Agreement: Performance metrics and service standards
5. Schedule 5 - Compliance Requirements: Specific regulatory compliance procedures
6. Appendix A - Required Documentation: List of required documents for client onboarding
7. Appendix B - Technical Specifications: Technical requirements for system integration
8. Appendix C - Risk Management Protocols: Detailed risk management procedures and limits
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