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Finder's Fee Agreement Template for Indonesia

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Key Requirements PROMPT example:

Finder's Fee Agreement

I need a finder's fee agreement for a consultant who will introduce potential clients to our company, with a 5% commission on successful deals, payable within 30 days of contract signing. The agreement should include confidentiality clauses and be valid for 12 months, with the option to renew.

What is a Finder's Fee Agreement?

A Finder's Fee Agreement spells out how someone gets paid for connecting buyers with sellers or helping businesses find valuable opportunities. In Indonesia, these contracts protect both the finder (usually called a perantara or broker) and the company by clearly stating the compensation terms and what counts as a successful referral.

Under Indonesian commercial law, these agreements need specific details about payment timing, performance conditions, and how long the finder has exclusive rights to pursue leads. Many Indonesian businesses use them for property deals, investment matchmaking, and recruiting key personnel - though they must follow local regulations about broker licensing and fee caps in regulated sectors.

When should you use a Finder's Fee Agreement?

Use a Finder's Fee Agreement when working with intermediaries who help you locate business opportunities, potential investors, or valuable connections in Indonesia. This legal safeguard becomes essential before letting someone represent your interests in finding merger targets, property deals, or strategic partners - especially when significant financial rewards are involved.

The agreement proves particularly valuable in Indonesia's competitive real estate and investment sectors, where multiple brokers might claim credit for the same deal. It helps avoid disputes by documenting exactly who has rights to introduce specific opportunities, what results trigger payment, and how long the finder's exclusive period lasts under Indonesian commercial regulations.

What are the different types of Finder's Fee Agreement?

  • Standard Success-Based: Most common type in Indonesia, paying a percentage only after a successful deal closes - typically used for property and investment deals
  • Retainer Plus Commission: Combines monthly fees with success bonuses, popular for long-term business development relationships
  • Exclusive Rights: Grants sole rights to pursue specific opportunities for a set period, common in high-value transactions
  • Multi-Party: Structures fees when multiple finders collaborate, often used in complex cross-border deals
  • Industry-Specific: Tailored versions meeting sector regulations, like real estate broker agreements or investment matchmaking contracts

Who should typically use a Finder's Fee Agreement?

  • Business Owners: Sign agreements to formalize relationships with finders who source deals, clients, or opportunities
  • Business Brokers: Use these contracts to protect their rights to compensation when connecting buyers and sellers
  • Real Estate Agents: Rely on finder's agreements when facilitating property transactions outside standard brokerage arrangements
  • Investment Consultants: Draft agreements to secure fees for introducing potential investors to Indonesian companies
  • Legal Counsel: Review and customize agreements to ensure compliance with Indonesian commercial regulations and protect client interests

How do you write a Finder's Fee Agreement?

  • Finder Details: Gather the intermediary's full business information, licenses, and registration numbers
  • Deal Scope: Define exactly what opportunities or introductions qualify for fees under Indonesian law
  • Fee Structure: Calculate percentage rates or fixed amounts, considering industry standards and local regulations
  • Success Criteria: Specify clear milestones that trigger payment obligations
  • Timeline Terms: Set the agreement duration and any exclusive rights periods
  • Payment Details: Include bank information and payment schedules that comply with Indonesian banking rules

What should be included in a Finder's Fee Agreement?

  • Party Details: Full legal names, addresses, and business registration numbers of both finder and client
  • Service Scope: Clear description of qualifying introductions or opportunities under Indonesian law
  • Fee Terms: Detailed payment structure, calculation method, and triggering conditions
  • Duration Clause: Agreement period and any post-termination obligations
  • Confidentiality: Protection of sensitive business information and trade secrets
  • Dispute Resolution: Choice of Indonesian jurisdiction and preferred resolution method
  • Termination Rights: Conditions for ending the agreement and related consequences

What's the difference between a Finder's Fee Agreement and an Agency Agreement?

A Finder's Fee Agreement differs significantly from an Agency Agreement in several key aspects under Indonesian law. While both involve intermediary relationships, their scope, obligations, and legal implications vary considerably.

  • Scope of Authority: Finder's Fee Agreements only cover introductions or referrals, while Agency Agreements grant broader powers to negotiate and act on behalf of the principal
  • Legal Liability: Finders bear minimal liability beyond making introductions, whereas agents have fiduciary duties and can legally bind their principals
  • Payment Structure: Finder's fees typically involve one-time success-based payments, while agency relationships often include ongoing commissions or retainer fees
  • Regulatory Requirements: Agency Agreements in Indonesia often require specific licenses and face stricter regulatory oversight, while finder arrangements have fewer formal requirements

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