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Placement Agent Agreement Private Equity Fund

Placement Agent Agreement Private Equity Fund Template for Australia

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Key Requirements PROMPT example:

Placement Agent Agreement Private Equity Fund

"I need a Placement Agent Agreement Private Equity Fund for an Australian infrastructure fund seeking to raise AUD 500M, with exclusive rights for the agent in Asia-Pacific markets and a 2% placement fee structure, compliant with current ASIC regulations."

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Document background
The Placement Agent Agreement Private Equity Fund is a critical document used when a fund manager seeks to engage professional intermediaries to assist in raising capital for their private equity fund. This agreement is particularly important in the Australian context, where financial services are heavily regulated under the Corporations Act 2001 (Cth) and ASIC oversight. The document outlines the placement agent's authority to market the fund, details compliance obligations with Australian financial services laws, establishes fee structures, and defines the parameters of the marketing relationship. It includes specific provisions addressing investor targeting, marketing material approvals, regulatory reporting requirements, and risk management procedures. This agreement is essential for fund managers looking to expand their investor base while ensuring regulatory compliance and clear commercial terms with their placement agents.
Suggested Sections

1. Parties: Identifies the contracting parties - typically the fund/fund manager and the placement agent

2. Background: Sets out the context of the agreement, including brief description of the fund and the purpose of engaging the placement agent

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation principles

4. Appointment and Scope of Services: Details the formal appointment of the placement agent and specifies the authorized services

5. Regulatory Compliance: Sets out obligations regarding compliance with applicable laws, including AFSL requirements and marketing restrictions

6. Marketing Activities and Approvals: Specifies the agreed marketing approach and material approval process

7. Compensation Structure: Details the fees, commissions, and payment terms

8. Representations and Warranties: Contains standard and specific representations from both parties

9. Confidentiality and Privacy: Addresses confidentiality obligations and compliance with privacy laws

10. Term and Termination: Specifies the duration of the agreement and termination rights

11. Liability and Indemnification: Sets out liability limitations and indemnification obligations

12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Exclusivity: Used when the placement agent is granted exclusive rights for certain territories or investor types

2. Tail Period Provisions: Included when there's agreement on post-termination compensation for investors introduced during the term

3. Sub-Agent Arrangements: Required when the placement agent is permitted to engage sub-agents

4. International Marketing Provisions: Included when the placement agent will market to investors outside Australia

5. Custody of Investor Funds: Required if the placement agent will handle any investor funds

6. Key Person Provisions: Used when specific individuals are critical to the placement agent's services

7. Non-Circumvention: Added when there are concerns about direct approaches to introduced investors

8. Force Majeure: Optional clause addressing unforeseeable circumstances preventing performance

Suggested Schedules

1. Services Description: Detailed outline of placement agent services and responsibilities

2. Fee Schedule: Comprehensive breakdown of all fees, commissions, and payment calculations

3. Marketing Guidelines: Specific requirements and restrictions for marketing activities

4. Fund Information: Key information about the fund structure, strategy, and terms

5. Approved Marketing Materials: List or copies of pre-approved marketing materials

6. Target Investor Profile: Description of eligible investors and target markets

7. Compliance Procedures: Detailed procedures for regulatory compliance and reporting

8. Form of Investor Reports: Templates for reporting on placement activities and investor interactions

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




















































Clauses

































Relevant Industries

Private Equity

Financial Services

Investment Management

Asset Management

Wealth Management

Professional Services

Banking

Alternative Investments

Relevant Teams

Legal

Compliance

Investment

Business Development

Risk Management

Operations

Finance

Marketing

Client Relations

Fund Administration

Relevant Roles

Fund Manager

Compliance Officer

Legal Counsel

Investment Director

Chief Investment Officer

Business Development Manager

Relationship Manager

Risk Manager

Chief Operating Officer

Chief Financial Officer

Investment Committee Member

Managing Partner

Placement Agent

Director of Marketing

Fund Administrator

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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