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The Fundraising Commission Agreement is essential for businesses and financial institutions in Switzerland seeking to engage external parties for fundraising activities. This document is particularly relevant when engaging fundraising agents, placement agents, or intermediaries who will be compensated through commission-based structures for successfully raising capital or securing investments. The agreement must comply with Swiss regulatory requirements, including the Federal Act on Financial Services (FinSA), Federal Act on Financial Institutions (FinIA), and anti-money laundering regulations. It typically includes detailed provisions on commission calculations, payment terms, regulatory compliance obligations, reporting requirements, and risk management procedures. This agreement is crucial for maintaining transparency and regulatory compliance while protecting both parties' interests in fundraising arrangements.

1. Parties: Identification of the principal and the fundraising agent/commissioner, including full legal names, addresses, and registration details

2. Background: Context of the agreement, nature of the fundraising activities, and general purpose of the arrangement

3. Definitions: Key terms used throughout the agreement, including 'Successful Fundraising', 'Commission', 'Target Investors', and 'Investment Period'

4. Appointment and Scope: Formal appointment of the fundraiser and detailed scope of authorized fundraising activities

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Commission Structure: Detailed explanation of commission calculations, payment terms, and conditions for commission eligibility

7. Obligations of the Fundraiser: Specific duties, responsibilities, and performance standards expected from the fundraiser

8. Obligations of the Principal: Principal's responsibilities, including provision of information and support materials

9. Compliance Requirements: Regulatory compliance obligations, including financial services regulations and anti-money laundering requirements

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: Obligations regarding handling of personal data in compliance with Swiss data protection laws

12. Representations and Warranties: Key assurances from both parties regarding capacity, authority, and compliance

13. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes