Job description of a real estate broker. Exchange requirements for brokers. Client and broker. Who is an online broker

14.08.2023

Credit broker- an intermediary between the bank (banks) and borrowers. Credit broker finds the optimal, least costly way to finance clients' projects and actually replaces the bank department involved in preparing client documents for closing a transaction. This instruction credit broker suitable for an employee of an accredited brokerage firm.

Job Description of a Credit Broker

I APPROVED
CEO
Last name I.O. ________________
"________"_____________ ____ G.

1. General Provisions

1.1. A credit broker is classified as a specialist.
1.2. Appointment to the position of a credit broker and dismissal from it is carried out
by order of the general director of the brokerage company.
1.3. The credit broker reports directly to to CEO brokerage company.
1.4. During the absence of a credit broker, his rights and obligations are transferred to another official, as announced in the organization order.
1.5. A person with a higher professional (economic, legal) education, experience in acceptance and promotion is appointed to the position of a credit broker loan applications(both legal entities and individuals) in banks, as well as work experience in the field of credit brokerage of at least 1 year.

2. Functional responsibilities of a credit broker

The credit broker performs the following job responsibilities:

2.1. Provides services to clients in choosing the optimal loan (mortgage
lending, car lending, lending to individuals, lending to enterprises).
2.2. Conscientiously and honestly fulfills client orders and obligations under the service agreement, providing its clients with best conditions execution of their instructions (in the best possible manner in accordance with the client’s instructions).
2.3. When concluding transactions, he has the right to act on behalf of the client and at his expense.
2.4. Brings to the attention of clients all the necessary information related to the implementation of their orders and the fulfillment of obligations under the service agreement.
2.5. Does not recommend lending transactions to clients without taking reasonable steps to ensure that they understand the nature of all the risks involved.
2.6. In the event of a conflict of interest, immediately notifies the client of its occurrence and takes all necessary measures to resolve it in favor of the client.
2.7. Takes all reasonable measures to protect and ensure the confidentiality of customer information.
2.8. Before recommending to his client a particular credit transaction, a credit broker must carefully study:
- information about it financial situation(income, turnover, property, credit history, business, etc.);
- confirmation of authority to represent the interests of the organization (from managers and business owners).
2.9. Provides support for financial transactions and post-loan services.
2.10. Interacts with financial structures and companies: banks, insurance, appraisal companies, real estate agencies, car dealerships, leasing companies, etc.
2.11. Warns clients of the responsibility for providing false information to banks.

3. Rights of a credit broker

The credit broker has the right:

3.1. Get acquainted with the draft decisions of the company's management relating to its activities.
3.2. Submit proposals for improvement of work related to the job responsibilities provided for in this job description for consideration by management.
3.3. Within your competence, inform your immediate supervisor about all shortcomings identified in the process of activity and make proposals for their elimination.
3.4. Request personally or on behalf of the enterprise management from department heads and specialists information and documents necessary to fulfill their job responsibilities.
3.5. Require the management of the enterprise to provide assistance in the performance of their official duties and rights provided for in this job description.

4. Broker's responsibility

The credit broker is responsible for:

4.1. Failure to perform and/or untimely, negligent performance of one’s official duties.
4.2. Failure to comply with current instructions, orders and regulations for maintaining trade secrets and confidential information.
4.3. Violation of internal labor regulations, labor discipline, safety and fire safety rules.
4.4. Offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil law Russian Federation.
4.5. Causing material damage - within the limits determined by the current labor and civil legislation of the Russian Federation.

A broker is a legal entity or individual who performs the functions of an intermediary in various fields of activity. A broker's salary is commissions.

A professional competent market participant (broker) is an intermediary in various fields of activity.

Brokerage is a legal activity. Each broker engaged in transactions with securities, has a license. In the Russian Federation, the Central Bank issues a brokerage license.

As mentioned above, brokers work in different areas. Brokers bring together the seller and the buyer, the insurer and the insured, the lender and the bank.

The most popular type of broker is stock broker. The job of a stock broker is that he represents the interests of an individual on the stock exchange, where the individual himself cannot go. An individual enters into a service agreement with a broker, after which the stock broker begins to transfer the individual’s orders to the exchange.

There is also such a thing as a securities broker. Such a broker has the right to work with the client’s securities. All conditions for such mutually beneficial cooperation are specified in the service agreement between the client and the broker.

There is also the position of introducing broker. The introducing broker only defends the interests of his client on the exchange. He has no right to dispose of the client’s accounts and valuables. A business broker is an intermediary in business relations. There are also customs brokers, leasing brokers, credit brokers, aircraft brokers, online brokers.

When brokerage companies just started to appear, they worked exclusively with legal entities. Today the situation has changed. Any broker can become an intermediary for an individual.

Today brokers provide assistance individuals in areas such as mortgage credit lending, V financial sector, in the search for new housing, etc.

So what exactly do brokers do? Of course, the responsibilities of a real estate broker will differ from those of an insurance broker, but the main goals and objectives of all types of brokers include the following:

  1. Consulting. The main task of any broker is to advise the client - an individual or legal entity. As a rule, people are very busy and sometimes do not have the opportunity to independently understand this or that issue. Consequently, they resort to the help of brokers, because brokers are savvy in matters of interest to clients. If an individual or legal entity has any questions, brokers will promptly help resolve them;
  2. Analytics. Brokers analyze offers. They study the market and then provide the client with the most profitable offer. Some brokers even offer discounts for using certain services. Using his experience, the broker will quickly select for the client exactly what he wanted;
  3. Preparation of documents. Brokers accompany the client in the process of concluding certain contracts and are responsible for their legal correctness.

The main responsibilities of a broker include:

  1. Consulting and support of transactions, processing of all relevant documents, mediation between the parties;
  2. Mediation during all official procedures;
  3. Registration of all necessary documents, payment of fees, duties, taxes;
  4. Additional services on request, such as licensing, certification, economic analytics, etc.

In order to become a broker, you need to obtain education in such areas as “Economics”, “Trading”, “Customs”.

If we talk about personal qualities, a broker should be sociable, responsible, and decisive. A real broker must have organizational abilities. He must search for new information every day and process it. A broker is faced with tasks of varying complexity - he must be able to cope with them. A broker must be ambitious, analytically developed, self-confident, and have a good memory.

The broker must know the current legislation of the country in which he operates. In case of disputes, the broker must be competent to resolve them.

A broker's income depends on the specifics of his work. Most brokers work on a percentage basis. average salary broker in Russia is 70,000 rubles, in Moscow - 100,000 rubles.

A broker's salary varies depending on the education, experience and success of the specialist himself. Incomes vary across regions. It is known that the largest salaries of brokers come from Krasnodar region, Bashkiria, Moscow and Vladimir regions.

It is worth paying attention to the fact that wage differs by region. Typically, a broker's salary is a percentage of the transaction. Typically it is approximately 0.1% of the transaction amount.

Consequently, all brokers are interested in increasing the number of transactions performed on the exchange.

  1. Broker (from the English “Broker”) is translated from English as “ intermediary»;
  2. Since 2013, brokerage licenses on the territory of the Russian Federation have been issued by the Central Bank;
  3. The first brokerage agencies appeared in Russia in the early 90s, after the collapse of the USSR;
  4. Only 7% of brokers increase their funds through securities, but brokerage agencies benefit from all transactions carried out;
  5. The broker's liability is limited: he is not responsible for the client's losses as a result of transactions made by him;
  6. The broker does not become the owner of the securities.

The broker's salary is commissions from completed transactions. The broker is not responsible for the transaction carried out or for its results. Recently, positions of online brokers who work remotely have been gaining popularity.

For more information on how to become a broker, watch the video:

The peculiarity of exchange trading is that it is conducted not by the sellers or buyers themselves, but by their representatives - exchange intermediaries, who in Russia are divided into brokers and dealers. Requirements for exchange intermediaries on commodity, stock and currency exchanges may differ. At the same time, no matter what exchange a broker works on, he is considered a professional intermediary who, during exchange trading, represents the client and makes transactions on behalf of the client and at the expense of the client, on behalf of the client, but at his own expense, on his own behalf, but at in the interests of the client and at the expense of the client. For stock exchange intermediation, the client pays the broker a commission. To work successfully on the stock exchange, a broker must: have a good understanding of the exchange commodity that is being traded; be able to conduct stock trading; know the trading rules of the exchange on which he works; find the right approach to the clients represented on the stock exchange; determine the income from those transactions that are concluded on his initiative on the stock exchange.

The broker is a professional participant in exchange trading, he acts on organized markets and is most prepared to assist a client who would like to sell or buy goods on the exchange. The relationship between a broker and a client arises at the initiative of the client, but the broker should not passively wait until someone who has used his services wants to contact him again or recommends this broker to his friends who are planning to enter into transactions on the stock exchange. The main channel through which brokerage firms can attract clients to cooperate is through advertisements. All over the world, such information comes in many different forms. For her, however, print advertisements are considered the best - in publications addressed to business people, or in the financial columns of well-known newspapers. At the same time, an advertisement for a brokerage firm may contain information describing the areas of work and business policy of the firm, the size of its operations, and thereby helping to attract clients interested in the relevant type of transactions.

Exchanges and regulatory authorities have their own requirements for brokers. The most well-developed requirements are those for persons engaged in brokerage activities in the securities market. Thus, for individuals or legal entities engaged in brokerage activities, the following types of requirements are established: financial; professional and qualification for managers and specialists; organizational and technical; special.

The amount of equity capital must meet the requirements at the time of obtaining a license, as well as throughout the entire period of implementation of the relevant type of activity.

A broker's activities in the securities market are possible only with the appropriate license. The license is issued on the basis of an application commercial organization, intending to carry out brokerage activities. It must contain all information in accordance with established requirements.

In addition to the application, documents established by the securities market commission are submitted. The Federal Commission or licensing authority, no later than 30 days from the date of receipt of the listed documents, must issue a license or refuse to issue it, stating the reasons for such refusal.

Data about the person who received the license is entered by the licensing authority into the register of issued, suspended and canceled licenses, maintained by the authority itself. This data must be immediately transferred to the Federal Commission for inclusion in the register of licenses for professional brokerage and dealer activities.

Brokers are required to submit quarterly reports from the moment they receive a license, no later than 45 days from the end of the quarter, including information on the results of their financial and economic activities for the past quarter, the volume and number of transactions they have concluded and other information in the form established by the Federal Commission.

By using the services of a brokerage firm, clients have the following advantages:

  • * firstly, the volume increases significantly trading operations without increasing your own costs for these purposes;
  • * secondly, it becomes possible to have the services of highly qualified sales personnel;
  • * thirdly, the costs of services associated with conducting trading operations with the participation of a brokerage firm are calculated at a certain percentage of their volume.

Payment for brokerage services is usually set by agreement between the firm and the client in the amount of a certain percentage depending on the transaction amounts.

Acting on behalf of the client, the brokerage firm enters into a transaction on his behalf. As a rule, a brokerage firm does not participate in settlements between counterparties in transactions, and only commissions are credited to its current account. However, the option of purchasing a product by a brokerage firm with subsequent resale is possible. In this case, she conducts dealer operations, and her income consists of the difference between the purchase and sale prices.

Brokerage firms and brokers working on the exchange carry out transactions in accordance with the Rules of exchange trading; acquire or receive information about all types of products and services offered for sale on the exchange; use the services of exchange personnel in the prescribed manner, including the use of trading floors and other exchange premises, communications and other organizational equipment; participate in the work of the arbitration commission of the exchange.

Capital structure.

Capital structure is understood as the ratio of three components of capital, differing in methods of financing and their evaluation.

1. equity in the form ordinary shares and accumulated profits.

2. the amount of funds raised through the sale of preferred shares.

3. borrowed capital in the form of long-term bank loan and bond issues.

Optimal capital structure- a structure that allows you to achieve a balance between risk and return and, therefore, the maximum price of the company’s shares.

Liabilities of an enterprise represent a decision on the choice of sources of finance for an enterprise. The main structural sections of the liability are:

Short-term liabilities ( short-term debt, Current responsibility)

Long-term liabilities (long-term debt)

Equity

Short-term liabilities- these are obligations that are covered current assets or are repaid as a result of the formation of new short-term liabilities.

These obligations are repaid over a short period (no more than a year).

Short-term liabilities include such items as bills and bills payable, certificates of the company receiving a short-term loan, tax arrears, salary arrears, advances received, and part of long-term liabilities.

Long term duties - these are obligations with a maturity of more than a year (these are bonds payable, long-term bills payable, obligations for pension payments and lease payments.

In liabilities, the entire amount of lease payments is reflected as long-term obligations of the tenant.

Equity- This is invested capital and accumulated profit.

Invested capital is divided into: share capital and additional capital.

As part of the accumulated profit, a profit reserve may be allocated, which is not affected by the distribution of dividends, but can be used for the enterprise in unprofitable years or converted into share capital.

Reserves in the liability structure of an enterprise are a reflection of the principle of prudence. Depending on the period, reserves may be reflected in current, long-term liabilities or equity.

Reserves can be divided into 3 categories.

1st cat. represents reserve capital.Created from net profit after paying tax. For example, statutory reserves, voluntary reserves and retained earnings.

2nd cat. These are estimated reserves. Created from gross profit, i.e. before taxes They are intended to cover current or future losses or expenses, reserve doubtful debts, compensation funds (depreciation funds, etc.)

3rd category These are reserves in the nature of debts. Created through deductions from gross profit. Such reserves include: pension funds, long-term employee deposits, reserves for paying bonuses to staff, etc.

Meaning 3 main economic problems facing society.

Three main problems facing society: 1 what to produce, 2 how to produce, 3 for whom to produce.

First you need to decide what to produce. What product or service will be in demand and satisfy needs. Then choose the optimal production in which the maximum profit is obtained by reducing costs, switching to other types of raw materials, etc. i.e. proper allocation of limited resources. And finally, you need to select a group of consumers to whom the product (service) will be targeted.

Option. Types of option.

An option is a standard exchange contract for the right to buy or sell an exchange asset.

Two types of options are used: to buy (call option) - the buyer of the option acquires the right to buy an exchange asset; and for sale (put option) - the buyer has the right to this asset.

Types of options:

By deadlines

American, which can be exercised at any time before the option expires.

European, which can only be executed on the expiration date.

By type of exchange asset

Commodity, the basis of which is any commodity (metal, gold, etc.)

Foreign exchange, which are based on the purchase and sale of currency.

Stock, the initial asset of which is stocks, bonds, indices.

Futures, or options to buy and sell futures contracts.

Broker and dealer. Their rights and responsibilities.

Broker may be physical or entity which carries out transactions with securities on the basis of a commission or commission agreement.

Dealer There can only be a legal entity that carries out purchase and sale transactions on its own behalf and at its own expense by publicly announcing prices.

The broker is obliged:

Perform commercial services; Establish contacts between buyers and sellers of goods and services; Provide and conclude an agreement for the most favorable conditions sale or purchase of goods (conventional); Study the conditions of the domestic and foreign markets, the consumer properties of goods, the reliability of securities, the requirements of the participants in the transaction, as well as when concluding commercial exchange transactions; Attend trades and auctions, provide data for the preparation of auction catalogues, promptly set sales prices and transaction amounts on behalf of the client; Organize the transportation of goods; Perform calculation and analytical operations and work on registration and execution of exchange documents, formulate the content of the application; Advise clients on issues within his competence.

The broker has the right:

1. Conduct civil transactions on your own behalf.

2. Draw up and register exchange documents related to the transactions performed.

3. Give instructions, tasks and instructions to subordinate agents.

4. Be present at trades and auctions.

Dealer Responsibilities:

1. Organization of internal accounting of transactions with securities.

2. Disclosure of the information available to him when performing transactions with the issuer’s securities or a message about the fact that he does not have this information.

3. Announcement of sale and purchase prices, the minimum and maximum number of securities purchased and sold, as well as the period during which the announced prices are valid.

4. Submitting reports on your activities to the securities market commission.

5. Conducting transactions on the terms proposed by the client, but in the absence of corresponding proposals from the dealer.

Dealer rights:

1. Concluding agreements for the purchase and sale of securities.

2. Consulting clients on the acquisition of securities.

3. Presentation of funds to your clients under a loan agreement.

Exchange trading. Listing.

Exchange trading is a set of actions of exchange intermediaries and exchange speculators aimed at making transactions during the exchange trading session.

Main sections of exchange trading rules:

1. procedure for conducting exchange trading. This section regulates the location of the auction, trading sessions and opening hours.

2. types of exchange transactions. Exchanges determine the nature of transactions that can be carried out on a given exchange. The exchange determines standard contracts for each type of transaction, transaction volumes, and standard supply data. (example: concluding a transaction with real goods, securities and futures transactions).

3. stock exchange information. Accurate, timely and complete information about concluded transactions allows you to analyze the state of the market and make the right decisions. Exchange information can be current (information about the latest transactions concluded on the exchange) and summary (reflects the final results of the exchange day).

4. the procedure for mutual settlements between members of the exchange and other participants in exchange trading. It determines the mutual rights and obligations of trading participants and ensures the protection of their interests.

The composition of participants is determined depending on the type of exchange (stock or commodity) and the adopted legislative acts.

Main groups of participants:

Closing deals

Organizing the conclusion of exchange transactions

Controlling the progress of exchange trading

Observing the bidding.

Listing is a regulated stock exchange or other market organizer, the procedure for selecting and admitting securities to trading. The listing procedure involves checking compliance with the rules of the issue, the presence of registration of the issue, the financial capabilities of the company, and the size of the share capital.

A brokerage agreement may provide for the condition that the broker (with the exception of a broker - credit organization) has the right to use in his own interests the funds located in a special brokerage account (accounts), guaranteeing to the client the execution of his orders at the expense of the specified funds or their return at the request of the client. The funds of clients who have granted the right to use them to the broker in his interests must be in a special brokerage account (accounts), separate from the special brokerage account(accounts) containing funds from clients who have not granted the broker such a right. The funds of clients who have granted the broker the right to use them can be credited by the broker to his own bank account. The presence of the client's funds in a broker's account or in a special brokerage account also does not exclude the possibility of the broker extracting benefits from them, for example, by receiving interest from the bank.

Most brokers offer stock transactions using remote access via the Internet. NAUFOR rules call this type of communication Internet trading (clause 8.1). Internet trading is not regulated either in laws or in other regulations. A feature of Internet trading is the ability to participate in electronic exchange trading via remote access (Internet), through which electronic instructions are issued to a broker to carry out transactions and operations with securities; exchange offer and exchange acceptance are also carried out in electronic form. The broker automatically receives on its server and then sends information about client requests directly to trading system trade organizers (clause 8.1.9 of the NAUFOR rules).

The brokerage agreement must indicate a list of equipment and the name of the software required to access electronic system; the responsibility of the parties for improper storage of the system name and password and for unauthorized access to the system has been established; the client's responsibility for all orders entered by him using his name and password; distribution of risks between the parties in the event of system failures and the inability to exchange electronic messages; procedure for the parties to act in the event of detection of unauthorized access to the system. Electronic registration of a client with a broker is carried out in accordance with the requirements of the broker when connecting to his server, which ensures the possibility of unambiguously identifying the client and providing him with services in accordance with the brokerage agreement.

Another condition of the brokerage agreement is the condition of maintaining trade secrets. The concept of a trade secret is enshrined in Art. 139 of the Civil Code of the Russian Federation in relation to information constituting official or trade secret in the case where such information has actual or potential commercial value due to its unknownness to third parties, there is no free access to it on a legal basis and the owner of the information takes measures to protect its confidentiality.

A brokerage agreement providing for the broker to carry out Repo transactions may contain additional conditions. Legal nature contracts with an obligation to repurchase is that a business entity acquires some property and at the same time, usually in the same contract, undertakes to sell the same property to the seller under the first contract. Such a transaction represents two purchase and sale agreements, differing from each other only in price (in the repurchase agreement it is higher than the price of the first agreement), as well as the terms of transfer of property and monetary compensation. When making a transaction on the exchange, the broker, concluding a Repo transaction, fulfills obligations under the first and second parts of the Repo transaction in accordance with the clearing conditions of the trade organizer.

In relation to a brokerage agreement, the legislation does not establish any general rule regarding the period for which the agreement can be concluded. Therefore, according to general principle a brokerage agreement can be concluded either for a period or without specifying a period. The expiration of the contract leads to its termination, unless the contract provides otherwise, for example, its extension.

The broker must carry out client orders in good faith and in the order they are received; Moreover, transactions carried out on behalf of clients are in all cases subject to priority execution in comparison with dealer operations of the broker himself when he combines the activities of a broker and dealer.

A conflict of interest when carrying out professional activities in the securities market is understood as a contradiction between the property and other interests of a professional participant in the securities market and (or) its employees carrying out their activities on the basis of an employment or civil law contract, and the client of a professional participant, as a result of which actions (inaction) of a professional participant and (or) his employees cause losses to the client and (or) entail other adverse consequences for the client.

By-laws regulating the provision of brokerage services in the securities market establish for a broker a number of both general rules for a professional participant in the securities market and special mandatory rules of conduct. An analysis of existing prohibitions allowed us to formulate the conclusion that they give the broker additional responsibilities to perform control functions over compliance with the requirements of the law in relation to the circulation of securities and professional participants and limit the broker in carrying out his activities by the need to require counterparties to comply with the requirements of imperative norms of market legislation valuable papers.

In particular, the broker is obliged to personally execute client orders in the order they are received; bring to the attention of clients all necessary information related to the execution of client orders and the fulfillment of obligations under the securities purchase and sale agreement; provide the client with reports on the progress of the contract, statements of the movement of funds and securities on the client’s accounts and other documents related to the execution of the contract with the client and the client’s instructions, etc. Among the duties of a broker in his work, the duty to maintain the secrecy of operations and transactions carried out by the broker in the interests of the client stands out.

In turn, the client’s responsibilities mainly include empowering the broker in cash and securities for the execution of orders and compensation for broker expenses. This obligation is based on the law, which establishes that the principal is obliged to reimburse the attorney for expenses incurred and provide the attorney with the funds necessary to fulfill the order (Clause 2 of Article 975 of the Civil Code of the Russian Federation). The principal is obliged to reimburse the commission agent for the amounts spent by him on the execution of the commission order (Article 1001 of the Civil Code of the Russian Federation).

The broker's unilateral refusal to execute the contract at any time without prior notice to the client is unacceptable, as this may result in losses for the latter. Therefore, we believe that pp. 2.3 tbsp. 978 of the Civil Code of the Russian Federation must be supplemented with the provision “unless otherwise established by law or agreement.” The debtor is liable for non-fulfillment or improper execution obligations by third parties who were entrusted with execution, unless the law establishes that liability is borne by a third party who is the direct executor (Article 403 of the Civil Code of the Russian Federation).

Current legislation does not provide for cases of restriction of the client’s right to full compensation for losses in relation to the brokerage agreement. It seems that the damage caused by the broker should be compensated to the client in full. However, compensation for damages can adversely affect the broker's financial position, even leading to bankruptcy, which will harm the broker's other clients. Therefore, the broker's liability risk must be insured.