Business Broker Engagement Agreement Template for Australia

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Key Requirements PROMPT example:

Business Broker Engagement Agreement

"I need a Business Broker Engagement Agreement for my Sydney-based technology consulting firm, with strong confidentiality provisions and an exclusive 6-month engagement period starting March 2025, including specific provisions for handling intellectual property and customer contracts."

Document background
The Business Broker Engagement Agreement is a crucial document used in Australian business transactions when a business owner seeks professional assistance in selling their business. It serves as the foundational contract that governs the relationship between the broker and the seller, outlining the broker's authority to market the business, engage with potential buyers, and negotiate on the seller's behalf. This document is essential in Australian jurisdictions where business broking activities are regulated by both federal legislation (such as the Corporations Act 2001) and state-specific laws. The agreement typically includes detailed provisions about commission structures, service scope, confidentiality requirements, and the obligations of both parties. It's designed to protect both the broker's interests in securing their commission and the seller's interests in maintaining confidentiality and ensuring professional service delivery throughout the sale process.
Suggested Sections

1. Parties: Identifies and provides full details of the broker and the client (business owner)

2. Background: Outlines the context of the agreement, including the client's intention to sell their business and the broker's qualifications to provide business broking services

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope of Services: Details the appointment of the broker and comprehensively outlines the services to be provided

5. Term and Termination: Specifies the duration of the agreement and conditions for termination

6. Broker's Obligations: Lists the broker's duties, responsibilities, and service standards

7. Client's Obligations: Outlines the client's responsibilities, including providing information and cooperation

8. Fees and Commission Structure: Details all fees, commission rates, and payment terms

9. Confidentiality: Addresses the handling and protection of confidential information

10. Intellectual Property: Covers ownership and usage rights of marketing materials and business information

11. Warranties and Representations: Contains warranties from both parties regarding their capacity and authority

12. Liability and Indemnity: Outlines liability limitations and indemnification provisions

13. General Provisions: Includes standard boilerplate clauses such as notices, governing law, and dispute resolution

Optional Sections

1. Exclusivity: Optional clause granting exclusive rights to the broker, used when exclusive representation is agreed upon

2. Marketing Budget and Expenses: Detailed section on marketing costs and approvals, used when specific marketing campaigns are planned

3. International Sales: Additional provisions for international buyers, used when targeting overseas markets

4. Success Fee Structures: Complex commission structures based on performance, used for high-value or specialized businesses

5. Broker Team Designation: Names specific team members responsible for the engagement, used in larger broking firms

6. Post-Sale Services: Details any post-sale support or transition services, used when extended services are offered

7. Non-Circumvention: Prevents direct dealings between client and introduced parties, used in higher-value transactions

8. Multiple Location Provisions: Addresses businesses with multiple locations, used for chain businesses or franchises

Suggested Schedules

1. Schedule 1 - Business Details: Detailed description of the business, including assets, operations, and financial overview

2. Schedule 2 - Fee Structure: Detailed breakdown of all fees, commission rates, and payment terms

3. Schedule 3 - Approved Marketing Plan: Specific marketing strategies and activities to be undertaken

4. Schedule 4 - Required Documentation: List of documents and information the client must provide

5. Schedule 5 - Broker's Team: Details of key personnel involved in the engagement

6. Appendix A - Confidentiality Agreement: Standard form confidentiality agreement for potential buyers

7. Appendix B - Sales Process Timeline: Indicative timeline for the sales process

8. Appendix C - Due Diligence Checklist: Standard checklist for due diligence requirements

Authors

Alex Denne

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

Clauses
Relevant Industries

Retail

Hospitality

Manufacturing

Professional Services

Technology

Healthcare

Construction

Automotive

Education

Real Estate

Food and Beverage

Agriculture

Transport and Logistics

Wholesale Trade

Financial Services

Relevant Teams

Legal

Corporate Advisory

Mergers & Acquisitions

Business Development

Finance

Executive Leadership

Operations

Commercial

Risk Management

Compliance

Relevant Roles

Business Broker

Managing Director

Business Owner

Company Director

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Corporate Lawyer

Business Development Manager

Mergers & Acquisitions Manager

Commercial Director

Operations Manager

Business Advisor

Transaction Manager

Sales Director

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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