Intermediaries are intermediaries who report information opportunities or provide media contacts for clients to conduct civil legal acts with third parties. Intermediaries in the futures market refer to citizens, legal persons, futures companies or customers who are "entrusted by futures companies or customers" and "provide them with opportunities to conclude futures brokerage contracts or intermediary services". Futures companies or customers shall pay remuneration to intermediaries in accordance with the agreement.

First, the rights of intermediaries:

1, the broker's claim for remuneration

The claim for remuneration is the main right of the middleman. The two sides agreed on the intermediary remuneration and the intermediary remuneration standard. If the state has restrictions, the remuneration agreed by the two sides cannot exceed the highest standard stipulated by the state.

The broker exercises the right to claim remuneration and pays it after remuneration, that is, the contract is limited to its report or the establishment of the media. If the contract is not established, no remuneration shall be required; Although the contract is valid, the broker can't ask for remuneration.

2. Broker's requirements for reimbursement of expenses

The cost of intermediary is usually included in the remuneration, and the cost of intermediary activities is generally borne by the intermediary. Unless otherwise agreed, the intermediary shall not ask for reimbursement.

When a broker violates his obligations to the client, acts in favor of the client's counterpart, or violates the principle of good faith, and the counterpart accepts benefits, even if he has the right to claim reimbursement in advance, he has no right to exercise it.

Second, the obligations of intermediaries.

1, report signing opportunities or media signing obligations.

In the middle of the report, the broker shall report the contract matters to the client according to his knowledge. In media intermediation, the intermediary shall truthfully report matters related to the contract to all parties. Reporting the contracting opportunity to the entrusting party or providing the contracting medium is the main obligation of the intermediary in the intermediary contract.

2. Duty of loyalty and best efforts

Being faithful to the interests of the parties means that the broker should truthfully report the matters related to the conclusion of the contract to the client. Broker's duty of loyalty specifically includes:

First of all, the broker shall truthfully tell the client what he knows about the conclusion of the contract or business information;

Secondly, the broker shall not adversely affect the conclusion of the contract, affect the conclusion of the contract or harm the interests of the client;

Third, brokers have the obligation to keep confidential the information provided, trading opportunities and subsequent signing.

3. Obligations of anonymity and confidentiality

In media intermediation, if one or both parties designate the intermediary not to tell the other party his name or business name, the intermediary has the obligation not to tell the other party his name or business name, which is the obligation of anonymity. This kind of intermediary is also called anonymous intermediary or anonymous media.

4. The obligation to intervene

The intermediary's intervention obligation refers to the obligation that the intermediary performs the responsibility as an assistant instead of the anonymous party under certain circumstances and accepts the payment from the other party.

The intermediary's intervention obligation is consistent with the intermediary's anonymity obligation, so as to ensure the ultimate realization of the anonymous party's purpose of keeping the transaction secret. Business practices and trading habits, shall not engage in illegal intermediary activities; In principle, the intermediary shall not be the intermediary of the principal and the counterpart at the same time.

Extended data:

Activities that intermediaries cannot engage in.

1. Customers who are obviously unable to pay or sign contracts shall not be entrusted to engage in intermediary activities for them.

2. Do not disclose the business secrets of the client, and the broker will know the business secrets of the client in the intermediary activities.

Such as customer credit, supply and marketing, customer distribution, etc. Brokers are not allowed to disclose relevant information to the outside world, let alone to the competitors of the parties, whether they are engaged in intermediary activities or after the intermediary activities, otherwise it will constitute infringement and bear corresponding liability for damages according to law.

3. The obligation of anonymity. If the principal instructs the broker not to tell his name to a third person, the broker has the corresponding obligation of anonymity.

Otherwise, the broker shall be liable for damages to the clients who give instructions. This obligation of the broker is the obligation of the client before concluding a contract with a third party. When the client concludes a contract with a third party, the names of both parties have been made public, and the obligation of the broker to remain anonymous for the client disappears.

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