Understanding the Give Up Contract: Key Legal Insights

Definition & Meaning

A give up contract is an agreement where one broker executes a transaction on behalf of a client who is primarily represented by another broker. In this arrangement, the client instructs their original broker to transfer their account or specific transactions to the second broker. The accepting broker then collects a fee from the original broker for utilizing their services and facilities.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A client wishes to transfer their trading account from Broker A to Broker B. Broker A executes the trades as instructed by the client, while Broker B receives a fee for managing the account.

Example 2: A hedge fund client wants to execute a large order through Broker C, but their primary broker is Broker D. Broker D gives up the contract to Broker C, allowing the latter to execute the trade while compensating Broker D for the service. (hypothetical example)

Comparison with related terms

Term Definition Key Differences
Give Up Contract An agreement for one broker to execute trades for a client of another broker. Involves two brokers and a fee structure.
Brokerage Agreement A contract between a client and a broker outlining the terms of service. Typically involves only one broker and does not include fee-sharing arrangements.
Trade Execution Agreement An agreement detailing how trades will be executed on behalf of a client. Focuses on execution rather than account transfer between brokers.

What to do if this term applies to you

If you are considering transferring your brokerage account or executing trades through a different broker, it's important to understand the implications of a give up contract. Here are steps you can take:

  • Consult with your current broker about the process and any fees involved.
  • Research potential new brokers to ensure they meet your investment needs.
  • Consider using legal templates from US Legal Forms to draft a give up contract if you wish to manage the process yourself.
  • Seek professional legal advice if you have questions about the terms or implications of the contract.

Quick facts

Attribute Details
Typical Fees Fees vary by broker and agreement terms.
Jurisdiction Applicable in financial markets across the U.S.
Complexity Can vary based on the number of brokers involved.

Key takeaways

Frequently asked questions

A give up contract is an agreement where one broker executes trades on behalf of a client represented by another broker.