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Finders Agreement
"I need a Finder's Agreement for my tech startup to engage a business broker to find potential investors in New Zealand and Australia, with a success fee structure and a 6-month exclusivity period starting March 2025."
1. Parties: Identifies and provides full legal details of the finder and the client
2. Background: Explains the context of the agreement, including the client's desire to identify specific opportunities and the finder's capability to assist
3. Definitions: Defines key terms used throughout the agreement, including 'Successful Introduction', 'Qualified Opportunity', 'Fee', etc.
4. Appointment and Scope: Defines the finder's appointment, whether exclusive or non-exclusive, and the specific scope of services
5. Finder's Services and Obligations: Details the specific services the finder will provide and their obligations in performing these services
6. Client's Obligations: Outlines the client's responsibilities, including providing necessary information and cooperating with the finder
7. Fee Structure and Payment Terms: Specifies the finder's fees, payment timing, and conditions for fee entitlement
8. Confidentiality: Addresses the handling and protection of confidential information shared during the engagement
9. Term and Termination: Specifies the duration of the agreement and circumstances for termination
10. General Provisions: Standard legal provisions including governing law, notices, assignment, and entire agreement
1. Non-Circumvention: Added when there's a risk of the client bypassing the finder to directly contact introduced parties
2. International Transactions: Include when the finder's services involve cross-border opportunities
3. Regulatory Compliance: Required when the services might fall under specific regulatory frameworks like financial services or real estate
4. Intellectual Property: Include when the finder may develop or use proprietary methods or materials
5. Force Majeure: Added when there's a need to address unforeseen circumstances affecting performance
6. Dispute Resolution: Include detailed dispute resolution procedures when dealing with high-value opportunities
7. Insurance: Added when the nature of opportunities requires specific insurance coverage
1. Schedule 1 - Fee Schedule: Detailed breakdown of fees, including success fees, retainers, and any variations based on opportunity type
2. Schedule 2 - Scope of Services: Detailed description of services, target opportunities, and any excluded activities
3. Schedule 3 - Reporting Requirements: Format and frequency of progress reports and introduction documentation
4. Schedule 4 - Target Criteria: Specific criteria for qualifying opportunities or potential partners/buyers
5. Appendix A - Introduction Protocol: Procedures for making and documenting introductions
6. Appendix B - Confidentiality Terms: Detailed confidentiality provisions and handling procedures for sensitive information
Authors
Financial Services
Real Estate
Mergers and Acquisitions
Private Equity
Investment Banking
Business Consulting
Technology
Manufacturing
Professional Services
Commercial Property
Venture Capital
Industrial
Retail
Legal
Finance
Business Development
Corporate Development
Mergers & Acquisitions
Strategic Partnerships
Commercial
Procurement
Executive Leadership
Risk & Compliance
Business Development Manager
Chief Executive Officer
Chief Financial Officer
Corporate Development Director
Investment Manager
Business Broker
Mergers & Acquisitions Director
Strategic Partnerships Manager
Commercial Director
Finance Director
Legal Counsel
Business Owner
Procurement Manager
Real Estate Agent
Investment Banker
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