The Finder's Fee Agreement is a crucial document for businesses operating in Indonesia who wish to formally engage intermediaries for business introductions and opportunities. This agreement type is commonly used when companies seek to expand their business network, enter new markets, or identify potential partners or clients through professional intermediaries. The document must comply with Indonesian law, including the Indonesian Civil Code, trade regulations, and tax laws. The agreement typically specifies the scope of the finder's services, qualification criteria for successful introductions, fee structures, and payment terms. It's particularly important in the Indonesian business context where relationship-based business practices are common, and clear documentation of intermediary arrangements is essential for both legal compliance and tax purposes.
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1. Parties: Identification of the Principal and the Finder, including complete legal names, addresses, and company registration details
2. Background: Context of the agreement, business purpose, and brief description of the finder's role
3. Definitions: Key terms used throughout the agreement, including 'Successful Introduction', 'Target Business', and 'Finder's Fee'
4. Scope of Services: Detailed description of the finder's duties, responsibilities, and authorized activities
5. Fee Structure: Clear specification of the finder's fee amount or calculation method, including payment triggers and conditions
6. Payment Terms: Timeline and method of payment, including currency, tax considerations, and payment documentation
7. Term and Termination: Duration of the agreement and conditions for early termination
8. Confidentiality: Obligations regarding confidential information and trade secrets
9. Representations and Warranties: Statements affirming the parties' authority, compliance with laws, and absence of conflicts
10. Limitation of Liability: Boundaries of the finder's responsibility and liability caps
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and choice of dispute resolution forum
1. Non-Circumvention: Used when there's a risk of the principal bypassing the finder to directly contact introduced parties
2. Exclusivity: Include when the finder is granted exclusive rights for specific targets or territories
3. Foreign Exchange Provisions: Required when parties are from different countries and payments involve foreign currency
4. Anti-Corruption Compliance: Detailed section needed when dealing with government-related introductions or high-risk sectors
5. Force Majeure: Include when long-term relationships are contemplated or in volatile business environments
6. Data Protection: Required when personal data processing is involved in the finder's activities
7. Insurance Requirements: Include when the finder's activities involve significant risks or regulatory requirements
1. Schedule A - Target Business Profile: Detailed description of the type of businesses or opportunities the finder should pursue
2. Schedule B - Fee Calculation Method: Detailed breakdown of fee structures, including examples and scenarios
3. Schedule C - Reporting Requirements: Templates and timing for progress reports and introduction documentation
4. Appendix 1 - Introduced Party Form: Standard form for documenting new introductions and tracking potential deals
5. Appendix 2 - Compliance Checklist: List of required documentation and compliance steps for each introduction
6. Appendix 3 - Payment Schedule: Detailed timeline of payment milestones and corresponding documentation requirements
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