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Finder's Fee Agreement For Investment Capital
"I need a Finder's Fee Agreement For Investment Capital for my Swiss biotech startup, with a tiered fee structure offering 2-5% commission based on investment size, and including specific provisions for both EU and US-based investors."
1. Parties: Identification of the Principal (company seeking investment) and the Finder, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including Principal's funding needs and Finder's expertise
3. Definitions: Key terms including 'Investment', 'Investor', 'Success Fee', 'Introduction', and 'Qualified Investment'
4. Scope of Services: Detailed description of Finder's services, including introduction of potential investors and permitted activities under Swiss law
5. Regulatory Compliance: Confirmation of compliance with Swiss financial regulations and required licenses/permits
6. Fee Structure: Details of success fee calculation, payment terms, and conditions for fee entitlement
7. Term and Termination: Duration of the agreement and grounds for termination
8. Confidentiality: Protection of confidential information and trade secrets
9. Representations and Warranties: Parties' confirmations regarding authority, capacity, and regulatory compliance
10. Limitation of Liability: Scope of Finder's liability and indemnification provisions
11. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction for disputes
1. Exclusivity: Used when the Principal grants exclusive rights to the Finder for specific investors or territories
2. International Transactions: Include when dealing with cross-border investments to address additional regulatory requirements
3. Post-Termination Obligations: Include when needed to clarify fee entitlements for introductions made during the term but closing after termination
4. Due Diligence Support: Include when Finder will assist in due diligence process
5. Anti-Money Laundering Procedures: Detailed AML procedures when Finder has extensive involvement in transaction processing
6. Force Majeure: Include for longer-term agreements to address unforeseen circumstances
1. Schedule A - Fee Calculation: Detailed methodology for calculating success fees, including examples and scenarios
2. Schedule B - Target Investor Profile: Criteria for qualified investors and investment parameters
3. Schedule C - Excluded Investors: List of investors excluded from the scope of the agreement
4. Schedule D - Required Disclosures: Mandatory disclosures required under Swiss financial regulations
5. Appendix 1 - Introduction Protocol: Formal process for making and documenting investor introductions
6. Appendix 2 - Compliance Checklist: Regulatory compliance requirements and documentation
Authors
Financial Services
Investment Banking
Private Equity
Venture Capital
Technology Startups
Real Estate
Healthcare
Manufacturing
Professional Services
Renewable Energy
Biotechnology
Infrastructure
Telecommunications
Legal
Finance
Corporate Development
Business Development
Compliance
Investment Relations
Treasury
Risk Management
Corporate Governance
Executive Leadership
Chief Executive Officer
Chief Financial Officer
Investment Director
Business Development Manager
Corporate Finance Manager
Legal Counsel
Compliance Officer
Investment Relations Manager
Financial Controller
Managing Director
Partner (Investment Firm)
Business Angel
Venture Capital Manager
Private Equity Manager
Investment Broker
Fund Manager
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