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Broker Non Circumvention Agreement Template for Germany

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Key Requirements PROMPT example:

Broker Non Circumvention Agreement

"I need a Broker Non-Circumvention Agreement under German law for my real estate brokerage firm operating across Germany, Austria, and Switzerland, with provisions for multiple sub-brokers and a 5% standard commission structure starting March 2025."

Document background
The Broker Non-Circumvention Agreement is essential in business environments where intermediaries facilitate valuable connections and transactions. This document, structured under German law, serves to protect brokers from being circumvented in their business relationships and ensures they receive proper compensation for their services. It becomes particularly important in scenarios where high-value introductions are made, or where there's potential for parties to attempt direct dealings without the broker's involvement. The agreement includes comprehensive provisions for confidentiality, commission structures, and enforcement mechanisms, all aligned with German legal requirements including the Handelsgesetzbuch (HGB) and Bürgerliches Gesetzbuch (BGB). It's commonly used in various sectors including real estate, financial services, and international trade, where broker relationships need strong legal protection.
Suggested Sections

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

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

3. Definitions: Definitions of key terms including 'Confidential Information', 'Circumvention', 'Transaction', 'Commission', and 'Target Clients'

4. Scope of Brokerage Services: Detailed description of the broker's role, authorized activities, and territorial scope

5. Non-Circumvention Obligations: Core provisions preventing direct contact or business with introduced parties without broker involvement

6. Commission Structure: Details of broker's compensation, payment terms, and triggering events for commission

7. Confidentiality Obligations: Provisions regarding handling and protection of confidential information

8. Duration and Termination: Term of the agreement, renewal provisions, and termination circumstances

9. Non-Solicitation: Restrictions on soliciting clients, employees, or other business contacts

10. Representations and Warranties: Standard warranties regarding authority, capacity, and compliance with laws

11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

12. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. International Transactions: Additional provisions for cross-border dealings, including currency considerations and international dispute resolution

2. Industry-Specific Requirements: Special provisions for specific industries (e.g., real estate, financial services)

3. Data Protection: GDPR compliance provisions when personal data processing is involved

4. Force Majeure: Provisions for extraordinary circumstances affecting performance

5. Insurance Requirements: Specific insurance obligations for high-value or regulated transactions

6. Compliance with Anti-Money Laundering Laws: Additional provisions for financial services or high-value transactions

7. Sub-Brokers: Provisions regarding the appointment and management of sub-brokers

Suggested Schedules

1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms

2. Schedule 2 - Protected Clients: List of clients and contacts protected under the non-circumvention provisions

3. Schedule 3 - Territories: Defined geographical areas covered by the agreement

4. Schedule 4 - Approved Introduction Format: Template or format for properly documenting client introductions

5. Schedule 5 - Reporting Requirements: Forms and templates for regular reporting of activities and transactions

6. Appendix A - Confidentiality Agreement: Detailed confidentiality terms that can be shared with third parties

7. Appendix B - Compliance Procedures: Detailed procedures for ensuring compliance with the agreement's terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Financial Services

International Trade

Mergers & Acquisitions

Private Equity

Commodities Trading

Business Brokerage

Investment Banking

Commercial Property

Industrial Equipment

Energy Trading

Technology Transfer

Maritime and Shipping

Relevant Teams

Legal

Compliance

Commercial

Business Development

Operations

Finance

Risk Management

Partnerships

Strategic Planning

International Business

Relevant Roles

Business Development Manager

Broker

Commercial Director

Chief Commercial Officer

Business Broker

Investment Broker

Legal Counsel

Compliance Officer

Contract Manager

Commission Agent

Partnership Manager

Business Development Director

Chief Executive Officer

Commercial Manager

Operations Director

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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