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The Financial Agency Agreement is a crucial document used in New Zealand's financial services sector when a financial institution (Principal) wishes to appoint another party (Agent) to act on its behalf in financial matters. This agreement is essential for businesses operating under New Zealand's financial services regulatory framework, particularly under the Financial Markets Conduct Act 2013 and related legislation. It establishes the terms under which the Agent can represent the Principal, including specific authorities, limitations, compliance requirements, and compensation structures. The agreement is particularly important for maintaining regulatory compliance, managing risk, and ensuring clear accountability in financial services relationships. It includes comprehensive provisions for regulatory compliance, operational procedures, reporting requirements, and risk management, tailored to meet New Zealand's specific legal and regulatory requirements.

1. Parties: Identification of the Principal and Agent, including their legal status and registered addresses

2. Background: Context of the agreement, including the Principal's business and desire to appoint the Agent

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Appointment and Scope: Terms of appointment, territory, and scope of agency authority

5. Agent's Obligations: Core duties, regulatory compliance requirements, reporting obligations, and service standards

6. Principal's Obligations: Support, information, and resources to be provided to the Agent

7. Compliance and Regulatory Requirements: Specific obligations under NZ financial services laws and regulations

8. Compensation and Payment Terms: Commission structure, payment terms, and calculation methods

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property: Ownership and usage rights of trademarks, systems, and materials

11. Record Keeping: Requirements for maintaining records and documentation

12. Liability and Indemnification: Risk allocation, insurance requirements, and indemnification provisions

13. Term and Termination: Duration, renewal, and termination provisions

14. Post-Termination Obligations: Obligations surviving termination and transition arrangements

15. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution