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Finders Agreement Template for Switzerland

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Key Requirements PROMPT example:

Finders Agreement

"I need a Finder's Agreement under Swiss law for my real estate development company, engaging an independent finder to source commercial property opportunities in Zurich with a tiered success fee structure starting from March 2025."

Document background
The Finder's Agreement is essential for businesses operating in Switzerland who wish to engage intermediaries to source opportunities while maintaining regulatory compliance. This document type is particularly relevant when companies seek to expand their business network through third-party introductions without creating agency or employment relationships. The agreement must comply with Swiss law, particularly the Code of Obligations (OR) and potentially the Anti-Money Laundering Act if financial intermediation is involved. The Finder's Agreement typically includes detailed provisions on success fee structures, qualifying introductions, and clear limitations on the finder's authority to negotiate or bind the principal. It's commonly used in various contexts from M&A opportunities to business partnerships, while carefully considering Swiss regulatory requirements regarding intermediary services.
Suggested Sections

1. Parties: Identification of the principal and the finder, including full legal names and addresses

2. Background: Context of the agreement and brief description of the business purpose

3. Definitions: Key terms used throughout the agreement, including 'Opportunity', 'Success Fee', and 'Introduction'

4. Scope of Services: Detailed description of the finder's authorized activities and limitations

5. Finder's Obligations: Specific duties of the finder, including reporting requirements and compliance with laws

6. Principal's Obligations: Responsibilities of the principal, including providing necessary information and cooperation

7. Compensation: Structure of finder's fees, payment terms, and conditions for fee eligibility

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Confidentiality: Protection of confidential information and trade secrets

10. Independent Contractor Status: Clarification that the finder acts as an independent contractor

11. Compliance with Laws: Obligation to comply with applicable Swiss laws and regulations

12. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes

13. Entire Agreement: Integration clause and amendment procedures

Optional Sections

1. Non-Compete: Restrictions on finder's activities with competitors, used when protecting market position is crucial

2. Non-Solicitation: Prevents finder from soliciting principal's employees or clients, used in sensitive business contexts

3. Regulatory Compliance: Detailed compliance requirements, needed when activities might touch regulated areas

4. Insurance: Requirements for professional liability insurance, used in high-value or high-risk arrangements

5. Data Protection: Specific data handling requirements, needed when personal data processing is involved

6. Force Majeure: Provisions for unforeseen circumstances, useful in long-term arrangements

7. Assignment Rights: Terms for transferring agreement rights, needed when assignment flexibility is desired

Suggested Schedules

1. Schedule A - Fee Structure: Detailed breakdown of success fees, calculation methods, and payment terms

2. Schedule B - Target Criteria: Specific criteria for qualified opportunities or introductions

3. Schedule C - Reporting Requirements: Format and frequency of activity reports required from the finder

4. Schedule D - Excluded Opportunities: List of pre-existing contacts or opportunities excluded from the agreement

5. Appendix 1 - Compliance Guidelines: Detailed compliance procedures and requirements

6. Appendix 2 - Introduction Protocol: Standard process for making and documenting introductions

Authors

Alex Denne

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

Relevant legal definitions



































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Relevant Industries

Financial Services

Real Estate

Private Equity

Mergers & Acquisitions

Technology

Manufacturing

Professional Services

Investment Management

Construction

Healthcare

Energy

Telecommunications

Relevant Teams

Legal

Business Development

Corporate Development

Finance

Compliance

Strategy

Commercial

Operations

Risk Management

Executive Management

Relevant Roles

Chief Executive Officer

Business Development Manager

Legal Counsel

Chief Financial Officer

Investment Director

Compliance Officer

Corporate Development Manager

Managing Director

Partner

Head of Strategy

General Counsel

Commercial Director

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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