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Finders Fee Contract Template for Switzerland

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Key Requirements PROMPT example:

Finders Fee Contract

"I need a Finder's Fee Contract for my Swiss technology company to engage independent finders who will introduce potential M&A targets in the DACH region, with a tiered commission structure based on deal value and a 12-month validity starting March 2025."

Document background
The Finder's Fee Contract is essential for businesses operating in Switzerland seeking to formalize arrangements with individuals or entities who facilitate valuable business connections. This document type is commonly used in various commercial contexts, from M&A transactions to client acquisitions, where introductions lead to successful business relationships. The agreement must comply with Swiss law, particularly the Code of Obligations, and may need to address financial services regulations if applicable. The contract typically specifies the scope of the finder's activities, defines what constitutes a successful introduction, establishes clear compensation mechanisms, and includes necessary protections for all parties involved. For businesses operating in Switzerland, having a well-structured Finder's Fee Contract is crucial for avoiding disputes and ensuring clarity in professional relationships based on business introductions.
Suggested Sections

1. Parties: Identification and details of the Principal and the Finder

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

3. Definitions: Key terms used throughout the agreement including 'Successful Introduction', 'Target', and 'Finder's Fee'

4. Scope of Services: Detailed description of the finder's role, responsibilities, and limitations

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

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

7. Confidentiality: Obligations regarding confidential information and trade secrets

8. Independent Contractor Status: Clarification that the finder acts as an independent contractor, not an employee

9. Representations and Warranties: Basic warranties about capacity to contract and compliance with laws

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

Optional Sections

1. Non-Circumvention: Prevents direct dealings between principal and introduced parties to bypass finder's fee, used when risk of circumvention exists

2. Exclusivity: Grants finder exclusive rights for specific targets or territories, included when negotiated

3. Compliance with Financial Regulations: Additional provisions when finder's activities might fall under financial services regulations

4. Intellectual Property: Protection of IP rights when sensitive business information is involved

5. Force Majeure: Provisions for unforeseen circumstances, included in longer-term arrangements

6. Insurance: Requirements for professional liability insurance, included for high-value introductions

7. Data Protection: GDPR and Swiss data protection compliance, needed when personal data processing is involved

Suggested Schedules

1. Schedule 1 - Fee Structure: Detailed breakdown of fee calculations, thresholds, and payment scenarios

2. Schedule 2 - Target List: List of approved target companies or individuals if specific targets are predetermined

3. Schedule 3 - Service Description: Detailed scope of finder's services and any specific limitations or requirements

4. Appendix A - Introduction Protocol: Procedure for making and documenting introductions to ensure fee eligibility

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




















Clauses






























Relevant Industries

Financial Services

Real Estate

Private Equity

Mergers & Acquisitions

Investment Banking

Professional Services

Technology

Manufacturing

International Trade

Business Consulting

Venture Capital

Relevant Teams

Legal

Business Development

Corporate Development

Finance

Commercial

Strategy

Partnerships

Mergers & Acquisitions

Investment

Compliance

Relevant Roles

Business Development Manager

Chief Executive Officer

Chief Financial Officer

Commercial Director

Legal Counsel

Investment Manager

Partnership Manager

Business Broker

Relationship Manager

Corporate Development Director

M&A Director

Business Consultant

Chief Strategy Officer

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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