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Finder's Fee Commission Agreement Template for Germany

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Key Requirements PROMPT example:

Finder's Fee Commission Agreement

"I need a Finder's Fee Commission Agreement under German law for our technology company to engage an independent consultant who will help us identify potential acquisition targets in the DACH region, with a tiered commission structure based on deal value and a contract term starting March 1, 2025."

Document background
The Finder's Fee Commission Agreement is essential for businesses seeking to formalize relationships with intermediaries who facilitate valuable business connections. This document, governed by German law, specifically the BGB (Civil Code) and HGB (Commercial Code), establishes clear parameters for commission-based compensation when successful introductions are made. It's particularly relevant for companies expanding their business network, seeking acquisition targets, or looking for new business opportunities through third-party intermediaries. The agreement includes crucial elements such as success criteria, commission structures, and compliance requirements, while adhering to German regulatory requirements regarding commercial intermediaries and commission-based arrangements.
Suggested Sections

1. Parties: Identification of the principal and the finder, including full legal names, registration details, and addresses

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

3. Definitions: Key terms used in the agreement, including 'Successful Introduction', 'Target Companies', 'Commission', and 'Qualifying Transaction'

4. Scope of Services: Detailed description of the finder's duties, including introduction methods and target criteria

5. Success Criteria: Clear definition of what constitutes a successful introduction triggering commission payment

6. Commission Structure: Details of commission rates, calculation methods, and payment triggers

7. Payment Terms: Timeline and method of commission payments, including invoicing requirements and payment deadlines

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

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Compliance with Laws: Obligations to comply with relevant German laws, including anti-bribery and data protection

11. Representations and Warranties: Basic warranties about capacity to contract and regulatory compliance

12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

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

2. Reporting Requirements: Include when regular updates on finder activities are required

3. Post-Termination Provisions: Used when there are specific rules about commission claims after agreement termination

4. Non-Circumvention: Include when there's risk of direct engagement with introduced parties bypassing the finder

5. Dispute Resolution: Alternative dispute resolution procedures if preferred over standard court proceedings

6. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

7. Insurance Requirements: Used when specific insurance coverage is required from the finder

8. Marketing and Promotion: Include when the finder needs specific permissions or restrictions regarding marketing activities

Suggested Schedules

1. Commission Structure Details: Detailed breakdown of commission rates, tiers, and calculation examples

2. Target Company Profile: Specific criteria and characteristics of target companies/individuals to be introduced

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

4. Required Information Template: Template for information required when submitting potential introductions

5. Reporting Template: Standard format for periodic activity reports if required

6. Compliance Procedures: Detailed procedures for ensuring compliance with relevant regulations

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

Real Estate

Manufacturing

Technology

Professional Services

Private Equity

Mergers & Acquisitions

Investment Banking

Commercial Real Estate

Industrial

Consulting

Business Services

Venture Capital

Relevant Teams

Legal

Business Development

Finance

Commercial

Mergers & Acquisitions

Corporate Development

Compliance

Strategy

Procurement

Operations

Relevant Roles

Business Development Manager

Chief Executive Officer

Legal Counsel

Commercial Director

Head of Mergers & Acquisitions

Chief Financial Officer

Business Development Representative

Corporate Development Manager

Investment Manager

Partner (Professional Services)

Managing Director

Head of Strategy

Finance Director

Compliance Officer

Business Broker

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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