Private Equity Finder's Fee Agreement

Private Equity Finder's Fee Agreement Template for South Africa

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Key Requirements PROMPT example:

"I need a Private Equity Finder's Fee Agreement for my South African investment firm that includes an exclusivity clause and a tiered fee structure based on deal size, with fees ranging from 1% to 3% of transaction value."

Document background

The Private Equity Finder's Fee Agreement is essential for structuring relationships between private equity firms and intermediaries in South Africa's investment landscape. It is typically used when a private equity firm wishes to formalize arrangements with individuals or entities who can source potential investment opportunities. The agreement must comply with South African legislation, particularly the FAIS Act, Companies Act, and relevant financial services regulations. It details the scope of permitted activities, compensation structures, compliance requirements, and risk allocation between parties. This document is crucial for protecting both the finder's right to compensation and the private equity firm's interests in ensuring proper due diligence and regulatory compliance. It includes specific provisions for defining successful introductions, calculating fees, and establishing clear parameters for the relationship.

Suggested Sections

1. Parties: Identification of the principal/client and the finder, including their full legal names, registration numbers, and physical addresses

2. Background: Context of the agreement, brief description of the principal's business and the finder's expertise

3. Definitions: Key terms used in the agreement, including 'Successful Introduction', 'Target Companies', 'Finder's Fee', and 'Transaction'

4. Appointment and Scope: Formal appointment of the finder and detailed description of services to be provided

5. Finder's Obligations: Specific duties and responsibilities of the finder, including reporting requirements and conduct standards

6. Principal's Obligations: Responsibilities of the principal, including providing necessary information and cooperation

7. Fee Structure: Detailed explanation of how and when the finder's fee will be calculated and paid

8. Payment Terms: Timing of payments, payment methods, and conditions precedent to payment

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Representations and Warranties: Standard representations by both parties, including capacity to contract and regulatory compliance

12. Limitation of Liability: Limits on the finder's liability and indemnification provisions

13. General Provisions: Standard boilerplate clauses including notices, entire agreement, and governing law

Optional Sections

1. Exclusivity: Used when the finder is granted exclusive rights for certain introductions or territories

2. Regulatory Compliance: Detailed section on FAIS Act compliance when the finder is providing regulated financial services

3. Non-Circumvention: Prevents the principal from circumventing the finder to avoid paying fees

4. Dispute Resolution: Detailed alternative dispute resolution procedures when parties prefer specific mechanisms

5. Force Majeure: Included when parties want specific provisions for unforeseen circumstances

6. Non-Solicitation: Prevents parties from hiring each other's employees or contractors

7. Anti-Corruption: Detailed provisions for compliance with anti-corruption laws when dealing with sensitive sectors or jurisdictions

Suggested Schedules

1. Schedule A - Fee Calculation: Detailed methodology for calculating finder's fees, including examples and scenarios

2. Schedule B - Target Companies: List of pre-identified target companies or sectors, if applicable

3. Schedule C - Excluded Opportunities: List of companies or opportunities explicitly excluded from the agreement

4. Schedule D - Required Information: Template or checklist of information required for proper introductions

5. Schedule E - Compliance Requirements: Specific regulatory compliance requirements and procedures

6. Appendix 1 - Introduction Report Template: Standard format for documenting introductions made by the finder

7. Appendix 2 - Fee Invoice Template: Prescribed format for fee invoices and supporting documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Private Equity

Investment Banking

Corporate Finance

Professional Services

Business Advisory

Venture Capital

Asset Management

Investment Management

Corporate Advisory

Relevant Teams

Legal

Compliance

Investment

Corporate Finance

Business Development

Deal Origination

Private Equity

Risk Management

Corporate Development

Finance

Relevant Roles

Private Equity Partner

Investment Director

Chief Investment Officer

Business Development Manager

Corporate Finance Director

Legal Counsel

Compliance Officer

Financial Advisory Consultant

Investment Associate

Deal Origination Manager

Managing Partner

Business Broker

Investment Relations Manager

Corporate Development Officer

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