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Finder's Fee Agreement For Raising Capital
"I need a Finder's Fee Agreement For Raising Capital for my Australian technology startup, targeting a capital raise of $5 million, with a tiered fee structure starting at 2% and increasing to 5% for larger investments, and including specific provisions for cryptocurrency investors."
1. Parties: Identification of the company seeking capital and the finder, including full legal names, ACN/ABN, and registered addresses
2. Background: Context of the agreement, including the company's capital raising objectives and the finder's role
3. Definitions: Key terms used in the agreement, including 'Successful Introduction', 'Qualified Investor', 'Investment Amount', and 'Finder's Fee'
4. Appointment and Scope: Terms of the finder's appointment, scope of services, and any territorial or exclusivity provisions
5. Finder's Services: Detailed description of services to be provided, including introduction methods and any restrictions
6. Company's Obligations: Company's responsibilities, including providing necessary information and cooperating with the finder
7. Fee Structure: Detailed explanation of fee calculation, payment timing, and conditions for fee eligibility
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 financial services laws and regulations
11. Representations and Warranties: Key assurances from both parties, including licensing and capacity to perform
12. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Non-Circumvention: Prevents direct dealings between the company and introduced parties to avoid fee payment, used when there's significant risk of circumvention
2. Tail Period: Defines period after termination during which finder remains entitled to fees, used in longer-term arrangements
3. Minimum Investment Requirements: Specifies minimum investment amounts for fee eligibility, used when targeting specific investor sizes
4. Multiple Finder Coordination: Procedures for coordinating with other finders, used when multiple finders may be engaged
5. International Provisions: Additional provisions for cross-border introductions, used when dealing with international investors
6. Success Fee Alternatives: Alternative fee structures such as equity compensation, used when cash compensation isn't preferred
7. Dispute Resolution: Specific dispute resolution procedures, used for high-value or complex arrangements
1. Schedule 1 - Fee Schedule: Detailed breakdown of fee structures, including percentages, tiers, and calculation methods
2. Schedule 2 - Qualified Investor Criteria: Specific criteria defining eligible investors for fee purposes
3. Schedule 3 - Reporting Requirements: Format and timing of reports regarding introductions and outcomes
4. Schedule 4 - Excluded Parties: List of investors or entities excluded from the finder's fee arrangement
5. Appendix A - Introduction Protocol: Detailed procedures for making and documenting introductions
6. Appendix B - Compliance Checklist: Required compliance steps and documentation for both parties
Authors
Business Day
Company
Confidential Information
Effective Date
Excluded Parties
Finder
Finder's Fee
Introduced Party
Investment
Investment Amount
Minimum Investment Amount
Qualified Investor
Successful Introduction
Services
Term
Tail Period
Territory
Transaction
Completion Date
Related Body Corporate
Representatives
Sophisticated Investor
Professional Investor
Material Adverse Change
Intellectual Property Rights
GST
Force Majeure Event
Due Diligence Materials
Capital Raising
Completion
Appointment
Exclusivity
Services
Finder's Obligations
Company's Obligations
Fees
Payment Terms
Success Fee
Representations and Warranties
Confidentiality
Intellectual Property
Non-Circumvention
Non-Solicitation
Term
Termination
Compliance with Laws
Anti-Money Laundering
Regulatory Compliance
Liability and Indemnification
Force Majeure
Assignment
Notices
Relationship of Parties
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Costs
GST
Further Assurance
Financial Services
Investment Banking
Private Equity
Venture Capital
Professional Services
Technology
Real Estate
Mining and Resources
Healthcare
Manufacturing
Retail
Energy
Infrastructure
Biotechnology
Agriculture
Legal
Finance
Corporate Development
Business Development
Compliance
Treasury
Investment Relations
Corporate Advisory
Risk Management
Executive Leadership
Chief Executive Officer
Chief Financial Officer
Investment Manager
Business Development Manager
Corporate Finance Manager
Legal Counsel
Compliance Officer
Finance Director
Managing Director
Company Secretary
Investment Banker
Corporate Advisor
Business Broker
Venture Capital Manager
Private Equity Manager
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