The Finder's Agreement serves as a crucial legal framework for businesses in South Africa seeking to formalize relationships with intermediaries who facilitate valuable introductions and opportunities. This document is essential when a company wishes to engage an individual or entity to identify potential business partners, acquisition targets, investors, or clients, while ensuring compliance with South African regulations. The agreement typically addresses key aspects such as exclusivity, fee structures, success criteria, and regulatory compliance, particularly important in sectors subject to FAIS Act oversight. The Finder's Agreement helps mitigate risks by clearly defining the scope of the finder's authority, protecting confidential information, and establishing clear parameters for compensation, while ensuring alignment with South African legal requirements including anti-corruption laws and data protection regulations.
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1. Parties: Identification of the Principal (the party seeking services) and the Finder (the party providing finding services)
2. Background: Context of the agreement, including the Principal's business needs and the Finder's expertise
3. Definitions: Key terms used in the agreement, including 'Successful Introduction', 'Target', 'Finder's Fee', and 'Qualifying Transaction'
4. Appointment: Formal appointment of the Finder and scope of authority
5. Services: Detailed description of the finding services to be provided
6. Finder's Fee: Structure and calculation of fees, including timing and conditions for payment
7. Term and Termination: Duration of the agreement and termination provisions
8. Confidentiality: Protection of confidential information shared during the engagement
9. Non-Solicitation: Restrictions on soliciting introduced parties for other purposes
10. Representations and Warranties: Standard warranties regarding authority, capacity, and compliance with laws
11. General Provisions: Standard boilerplate clauses including notices, entire agreement, and governing law
1. Exclusivity: Used when the Finder is granted exclusive rights for specific targets or territories
2. Regulatory Compliance: Required when the finding services relate to regulated industries or financial services
3. Data Protection: Needed when the Finder will process personal information under POPIA
4. Anti-Corruption Compliance: Important for high-value transactions or government-related introductions
5. International Provisions: Required when the finding services involve cross-border activities
6. Non-Compete: Used when the Principal wants to restrict the Finder from working with competitors
1. Fee Schedule: Detailed breakdown of fee calculations and payment terms
2. Target List: List of specific companies, individuals, or opportunities the Finder is authorized to pursue
3. Excluded Parties: List of entities or individuals excluded from the scope of the finding services
4. Required Information: Template or checklist of information the Finder must provide for each introduction
5. Compliance Requirements: Specific regulatory or compliance requirements applicable to the finding services
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Real Estate
Mergers & Acquisitions
Private Equity
Manufacturing
Technology
Mining
Renewable Energy
Professional Services
Healthcare
Telecommunications
Relevant Teams
Legal
Compliance
Business Development
Corporate Development
Finance
Executive Management
Mergers & Acquisitions
Strategic Partnerships
Risk Management
Relevant Roles
Business Development Manager
Chief Executive Officer
Chief Financial Officer
Commercial Director
Legal Counsel
Compliance Officer
Investment Manager
Mergers & Acquisitions Director
Business Broker
Strategic Partnerships Manager
Corporate Development Manager
Finance Director
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