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Finder's Fee Commission Agreement Template for England and Wales

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Key Requirements PROMPT example:

Finder's Fee Commission Agreement

"I need a Finder's Fee Commission Agreement for our UK-based real estate company to engage an independent consultant who will introduce potential property investors, with a 2% commission on successful deals and an initial term until March 2025."

Document background
The Finder's Fee Commission Agreement is essential when businesses or individuals wish to formally engage intermediaries to source opportunities or introduce potential clients/partners. This agreement, governed by English and Welsh law, establishes clear parameters for commission payments, protecting both the principal and the finder. It addresses key aspects such as exclusivity, payment triggers, and regulatory compliance, particularly relevant in regulated sectors. The document is crucial for maintaining transparency and avoiding future disputes about commission entitlements, while ensuring compliance with relevant legislation including the Financial Services and Markets Act 2000 where applicable.
Suggested Sections

1. Parties: Identifies and defines the contracting parties - the principal and the finder

2. Background: Sets out the context of the agreement, including the principal's business and the finder's role

3. Definitions: Defines key terms including 'Introduction', 'Successful Transaction', 'Commission', and 'Target'

4. Scope of Services: Details the finder's obligations and the specific services to be provided

5. Commission Structure: Specifies fee amounts, calculation methods, and triggers for commission payments

6. Payment Terms: Details when and how payments will be made, including invoicing requirements

7. Term and Termination: Specifies the duration of the agreement and circumstances for termination

8. Confidentiality: Sets out obligations regarding confidential information and trade secrets

9. Governing Law: Specifies that the agreement is governed by English and Welsh law

Optional Sections

1. Exclusivity: Used when the finder has exclusive rights in specific territories or sectors

2. Non-Circumvention: Prevents direct dealings that bypass the finder for introduced relationships

3. Regulatory Compliance: Specific provisions for compliance with FSMA and other regulatory requirements

4. Data Protection: Provisions for handling personal data in accordance with UK GDPR

5. Anti-Bribery Compliance: Specific provisions ensuring compliance with the Bribery Act 2010

Suggested Schedules

1. Commission Calculation Schedule: Detailed breakdown of commission calculations with examples

2. Territory Schedule: Definition of geographical areas or sectors covered by the agreement

3. Service Level Requirements: Specific performance metrics and requirements for the finder

4. Compliance Requirements: Detailed regulatory compliance obligations and procedures

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
Relevant Teams
Relevant Roles
Industries

Financial Services and Markets Act 2000: Key legislation governing financial services activities. Relevant for regulated activities, financial promotion rules, and FCA authorization requirements. Must be considered if finder's activities involve financial services.

Bribery Act 2010: Anti-corruption legislation that ensures the agreement doesn't create structures that could facilitate bribery. Requires inclusion of anti-bribery clauses and compliance requirements.

Money Laundering Regulations 2017: Regulations governing anti-money laundering obligations and due diligence requirements. Important for financial transactions and business relationships.

Consumer Protection from Unfair Trading Regulations 2008: Legislation protecting consumers from unfair business practices. Relevant if the finder's activities involve consumer-facing operations.

Law of Property (Miscellaneous Provisions) Act 1989: Fundamental contract law legislation governing formalities of contracts and property-related agreements in England and Wales.

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, particularly regarding limitation of liability and reasonableness of contract terms.

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of contracts to which they are not direct parties.

UK GDPR and Data Protection Act 2018: Data protection legislation governing the handling of personal data. Essential for agreements involving data sharing or processing.

Agency Law: Common law principles governing agency relationships, defining scope and limitations of authority between principal and agent.

Competition Act 1998: Legislation ensuring fair competition and regulating restrictive covenants in business agreements.

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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