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Finder's Fee Agreement For Investment Capital Template for Switzerland

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Key Requirements PROMPT example:

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."

Document background
The Finder's Fee Agreement For Investment Capital is essential for businesses seeking to raise capital through professional intermediaries in Switzerland. This document is typically used when a company wants to engage a finder or intermediary to identify and introduce potential investors, establishing clear terms for compensation upon successful investment. The agreement must comply with Swiss financial regulations, including FINMA requirements and the Federal Act on Financial Services (FinSA). It covers crucial elements such as fee structures, payment conditions, scope of services, and regulatory compliance requirements. This type of agreement is particularly important in protecting both parties' interests by clearly defining what constitutes a successful introduction and the conditions under which fees become payable, while ensuring compliance with Swiss anti-money laundering and financial market regulations.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Investment Banking

Private Equity

Venture Capital

Technology Startups

Real Estate

Healthcare

Manufacturing

Professional Services

Renewable Energy

Biotechnology

Infrastructure

Telecommunications

Relevant Teams

Legal

Finance

Corporate Development

Business Development

Compliance

Investment Relations

Treasury

Risk Management

Corporate Governance

Executive Leadership

Relevant Roles

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

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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