The Finder's Fee Contract is a crucial document in Malaysian business transactions where companies seek to incentivize and formalize arrangements with intermediaries who facilitate valuable business connections or opportunities. This agreement is particularly relevant in today's interconnected business environment where networking and business introductions play a vital role in corporate growth and development. The document needs to comply with Malaysian legislation, including the Contracts Act 1950, Capital Markets and Services Act 2007 (if applicable), and the Malaysian Anti-Corruption Commission Act 2009. It typically includes detailed provisions on success criteria, fee structures, payment terms, and protection mechanisms for all parties involved. The contract is especially important in regulated industries where clear documentation of business relationships is required for compliance purposes.
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1. Parties: Identification of the Principal and the Finder, including full legal names and addresses
2. Background: Context of the agreement, including the Principal's business and the purpose of engaging the Finder
3. Definitions: Key terms used in the agreement, including 'Successful Introduction', 'Target', 'Fee', and 'Qualifying Transaction'
4. Appointment and Scope: Terms of the Finder's appointment and detailed scope of services
5. Finder's Obligations: Specific duties and responsibilities of the Finder
6. Success Criteria: Clear definition of what constitutes a successful introduction or transaction
7. Fee Structure: Detailed explanation of how the finder's fee is calculated and when it becomes payable
8. Payment Terms: Timeline and method of payment, including any conditions precedent
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Non-Circumvention: Provisions preventing direct dealings that bypass the Finder
12. Representations and Warranties: Standard warranties about capacity and authority to enter into the agreement
13. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Exclusivity: Optional provisions granting the Finder exclusive rights for specific targets or territories
2. Regulatory Compliance: Specific section needed if the services involve regulated industries like financial services or real estate
3. Anti-Corruption Compliance: Detailed compliance provisions if dealing with government entities or high-risk sectors
4. Intellectual Property: Required if the Finder will have access to or use the Principal's IP
5. Force Majeure: Optional protection against unforeseen circumstances preventing performance
6. Assignment: Optional provisions regarding the ability to transfer rights under the agreement
7. Non-Solicitation: Optional restrictions on soliciting employees or clients
8. Dispute Resolution: Optional detailed procedures for handling disputes, including mediation or arbitration
1. Schedule 1 - Fee Calculation: Detailed methodology for calculating fees, including any sliding scales or thresholds
2. Schedule 2 - Target List: List of specific targets or industries if the scope is limited to certain prospects
3. Schedule 3 - Excluded Parties: List of entities excluded from the scope of the agreement
4. Schedule 4 - Required Information: Format and content of introduction reports or documentation required
5. Appendix A - Introduction Protocol: Step-by-step process for making and documenting introductions
6. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements if applicable
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