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Introduction Fee Agreement Template for South Africa

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Key Requirements PROMPT example:

Introduction Fee Agreement

"I need an Introduction Fee Agreement for my real estate consultancy firm based in Cape Town, where we'll receive 2% of the final purchase price for successfully introducing property buyers to developers, with the agreement starting from March 2025."

Document background
The Introduction Fee Agreement is a crucial document for businesses operating in South Africa who wish to formalize arrangements where one party is compensated for making valuable business introductions to another. This agreement type is commonly used in various sectors including financial services, real estate, and professional services, where networking and business introductions form a vital part of business development. The document needs to comply with South African legislation, particularly the FAIS Act for financial services-related introductions, POPIA for data protection, and relevant tax laws regarding commission payments. The agreement typically includes detailed definitions of what constitutes a successful introduction, specific fee calculations, payment terms, and duration of the introduction rights, while also addressing confidentiality and non-circumvention provisions to protect the introducer's interests.
Suggested Sections

1. Parties: Identifies and provides full details of the introducing party and the recipient party

2. Background: Explains the context of the agreement and the parties' intentions regarding the introduction services

3. Definitions: Defines key terms used throughout the agreement, including 'Introduction', 'Introduction Fee', and 'Successful Introduction'

4. Scope of Introduction Services: Details the specific introduction services to be provided and any territorial or industry limitations

5. Introduction Process: Outlines the agreed process for making and documenting introductions

6. Introduction Fee: Specifies the fee structure, calculation method, and payment terms for successful introductions

7. Payment Terms: Details the timing, method, and conditions for payment of introduction fees

8. Obligations of the Parties: Lists the specific duties and responsibilities of both the introducer and the recipient

9. Representations and Warranties: Contains standard warranties about capacity to contract and specific warranties about the introduction services

10. Confidentiality: Governs the treatment of confidential information shared during the introduction process

11. Duration and Termination: Specifies the term of the agreement and circumstances under which it can be terminated

12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Regulatory Compliance: Required when introductions involve regulated industries or activities, such as financial services under FAIS

2. Non-Circumvention: Include when there's a risk of parties bypassing the introducer to avoid paying fees

3. Data Protection: Detailed POPIA compliance section needed when personal information will be shared as part of introductions

4. Exclusivity: Optional clause granting exclusive rights to the introducer for specific types of introductions or territories

5. Professional Indemnity Insurance: Include when the introducer is required to maintain professional insurance coverage

6. Non-Solicitation: Add when parties wish to prevent solicitation of each other's employees or clients

7. Dispute Resolution: Optional detailed dispute resolution process including mediation or arbitration procedures

Suggested Schedules

1. Fee Schedule: Detailed breakdown of introduction fees for different types of introductions or services

2. Introduction Report Template: Standard format for documenting and reporting introductions

3. Excluded Parties List: List of entities or individuals excluded from the scope of the agreement

4. Compliance Requirements: Specific regulatory or compliance requirements applicable to the introduction services

5. Territory Schedule: Detailed description of geographical areas covered by the agreement if applicable

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

Professional Services

Real Estate

Business Consulting

Investment Banking

Recruitment and HR

Technology

Manufacturing

Private Equity

Insurance

Commercial Property

Mergers and Acquisitions

Relevant Teams

Legal

Compliance

Business Development

Sales

Finance

Commercial

Risk Management

Corporate Development

Mergers and Acquisitions

Human Resources

Relevant Roles

Business Development Manager

Managing Director

Chief Executive Officer

Commercial Director

Legal Counsel

Compliance Officer

Financial Director

Business Broker

Relationship Manager

Partner (Professional Services)

Head of Sales

Chief Financial Officer

Investment Manager

Real Estate Agent

Recruitment Consultant

Business Consultant

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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