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Exclusive Finder's Fee Agreement Template for England and Wales

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Key Requirements PROMPT example:

Exclusive Finder's Fee Agreement

"I need an Exclusive Finder's Fee Agreement for my real estate investment firm, where we'll pay a 2% commission to a finder who will source commercial property opportunities in central London valued between £5M and £20M, with a 12-month exclusivity period starting March 2025."

Document background
The Exclusive Finder's Fee Agreement is commonly used when a business or individual requires dedicated introduction services with the assurance of exclusivity. This document, governed by English and Welsh law, establishes the terms under which a finder will exclusively source specific opportunities or connections for the principal. The agreement typically includes detailed fee structures, exclusivity periods, and success criteria, while ensuring compliance with UK regulatory requirements, particularly the Financial Services and Markets Act 2000 where applicable.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of exclusive appointment and services covered

5. Fee Structure: Details of finder's fees, calculation methods, and payment terms

6. Exclusivity Terms: Duration and scope of exclusivity

7. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. Non-Circumvention: Protection against direct dealings, used when high risk of circumvention exists

2. Success Criteria: Specific metrics for determining successful introduction, used in complex arrangements

3. Territory Restrictions: Geographic limitations, used for international arrangements

4. Regulatory Compliance: Specific regulatory obligations, required if activities fall under FCA regulation

Suggested Schedules

1. Fee Schedule: Detailed breakdown of fee calculations and scenarios

2. Services Description: Detailed scope of finder's services

3. Target Criteria: Specifications of acceptable introductions

4. Reporting Requirements: Format and frequency of activity reports

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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Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, including requirements for authorization of certain financial activities

Financial Services Act 2012: Updates and amendments to the financial services regulatory framework, including establishment of the FCA

Bribery Act 2010: Legislation concerning bribery and corruption, relevant for ensuring finder's fee arrangements are legitimate and transparent

Consumer Rights Act 2015: Protection for consumers in contracts, applicable if the finder's agreement involves consumer relationships

FCA Regulations: Regulatory framework overseen by the Financial Conduct Authority, governing financial services and activities

Law of Property (Miscellaneous Provisions) Act 1989: Legislation governing formalities for certain types of contracts and property-related agreements

Unfair Contract Terms Act 1977: Controls on unfair terms in contracts, particularly regarding limitation of liability

Misrepresentation Act 1967: Legislation governing false or misleading statements made during contract formation

Commercial Agents Regulations 1993: Regulations governing relationships between commercial agents and their principals

UK GDPR: Data protection legislation governing the processing of personal data in the UK post-Brexit

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR

Money Laundering Regulations 2017: Regulations aimed at preventing money laundering and terrorist financing

Proceeds of Crime Act 2002: Legislation dealing with criminal proceeds and money laundering obligations

Competition Act 1998: Legislation governing anti-competitive behavior and agreements

Enterprise Act 2002: Framework for merger control and market investigations, relevant for exclusive arrangements

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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