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Business Development Agreement Template for Malaysia

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Key Requirements PROMPT example:

Business Development Agreement

"I need a Business Development Agreement for appointing an agency to expand our Malaysian manufacturing company's presence in Southeast Asia, with a commission-based structure and quarterly performance targets, starting from March 2025."

Document background
The Business Development Agreement serves as a crucial legal framework for companies operating in Malaysia who wish to engage external parties or individuals for business expansion and growth initiatives. This document is essential when a company needs to formally establish a relationship with business developers, whether they are individuals or agencies, to promote products or services, identify new business opportunities, or develop strategic partnerships. The agreement, governed by Malaysian law, typically includes detailed provisions for compensation, performance metrics, territorial rights, and protection of confidential information. It ensures compliance with Malaysian regulations including the Contracts Act 1950, Competition Act 2010, and relevant commercial laws, while providing clear guidelines for the business development relationship.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and detailed scope of business development services

5. Term and Termination: Duration of agreement and termination provisions

6. Duties and Responsibilities: Specific obligations of the business developer

7. Compensation and Payment Terms: Fee structure, commission rates, and payment schedules

8. Performance Metrics: KPIs and evaluation criteria for business development activities

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property Rights: Ownership and usage of IP created during the engagement

11. Non-Competition and Non-Solicitation: Restrictions on competitive activities and client solicitation

12. Representations and Warranties: Statements of fact and promises by both parties

13. Indemnification: Protection against losses and liability allocation

14. Governing Law and Jurisdiction: Application of Malaysian law and dispute resolution

15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Training and Support: Used when the principal company needs to provide specific training or resources

2. Marketing and Branding Guidelines: Include when the business developer will represent the company's brand

3. Territory and Exclusivity: Required when defining specific geographic territories or exclusive rights

4. Compliance with Anti-Corruption Laws: Important for international business development activities

5. Data Protection and Privacy: Required when handling personal or sensitive business data

6. Force Majeure: Important for long-term agreements or in volatile markets

7. Insurance Requirements: Include when specific insurance coverage is needed

8. Subcontracting Rights: Necessary if business developer may need to engage third parties

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of business development services and deliverables

2. Schedule 2 - Compensation Structure: Detailed breakdown of fees, commissions, and payment calculations

3. Schedule 3 - Performance Metrics and KPIs: Specific targets, evaluation criteria, and measurement methods

4. Schedule 4 - Territorial Coverage: Map or description of geographic territory if applicable

5. Schedule 5 - Approved Marketing Materials: List of pre-approved marketing materials and templates

6. Schedule 6 - Reporting Requirements: Templates and schedules for required business development reports

7. Schedule 7 - Contact Details: Key contact persons and communication protocols

8. Appendix A - Company Policies: Relevant company policies that apply to the business developer

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

Technology

Manufacturing

Financial Services

Healthcare

Real Estate

Telecommunications

Retail

Energy

Professional Services

Education

Construction

Hospitality

Relevant Teams

Legal

Business Development

Sales

Commercial

Executive Leadership

Operations

Finance

Compliance

Strategic Planning

Marketing

Relevant Roles

Business Development Manager

Chief Commercial Officer

Sales Director

Managing Director

Commercial Manager

Strategic Partnership Manager

Market Development Executive

Growth Manager

Business Development Representative

Regional Sales Manager

Account Executive

Chief Executive Officer

Legal Counsel

Contract Manager

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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