Finders Fee Consulting Agreement Template for Australia

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Key Requirements PROMPT example:

Finders Fee Consulting Agreement

"I need a Finder's Fee Consulting Agreement for my technology company based in Sydney, where we'll engage a consultant to help identify potential acquisition targets in the Australian SaaS market, with a success fee of 2% of transaction value and a 12-month term starting January 2025."

Document background
The Finder's Fee Consulting Agreement is essential for businesses seeking to formalize arrangements where external consultants or professionals help identify and introduce valuable business opportunities. This document, governed by Australian law, establishes clear parameters for when and how finder's fees are earned, protecting both the client's interests and the finder's right to compensation. It is particularly relevant in scenarios involving business acquisitions, investment opportunities, or strategic partnerships. The agreement addresses key regulatory requirements under Australian law, including financial services regulations where applicable, and typically includes detailed provisions about the scope of authorized activities, success criteria, fee structures, and payment triggers. It's designed to prevent future disputes by clearly documenting the parties' understanding and expectations regarding the finder's role and compensation.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement - typically the Client and the Finder/Consultant

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Defines the Finder's appointment and authorized activities

5. Finder's Services and Obligations: Details the specific services to be provided and the Finder's responsibilities

6. Client's Obligations: Outlines the Client's responsibilities and duties

7. Success Fee Structure: Details the finder's fee calculation method and qualifying criteria

8. Payment Terms: Specifies payment timing, method, and any conditions precedent

9. Term and Termination: Sets out the duration of the agreement and termination rights

10. Confidentiality: Protects confidential information exchanged during the engagement

11. Representations and Warranties: Contains standard warranties about capacity and authority

12. Limitation of Liability: Defines the extent of the Finder's liability

13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Exclusivity: Used when the Finder is granted exclusive rights for specific opportunities or territories

2. Regulatory Compliance: Added when specific regulatory requirements need to be addressed, such as financial services regulations

3. International Provisions: Required for cross-border arrangements, including currency and tax provisions

4. Non-Circumvention: Prevents direct dealings between the Client and introduced parties without the Finder's involvement

5. Intellectual Property: Added when the services involve creation or use of intellectual property

6. Insurance: Used when specific insurance requirements need to be maintained

7. Non-Solicitation: Prevents poaching of staff or clients, added for longer-term relationships

8. Dispute Resolution: Details specific dispute resolution procedures, particularly useful for high-value or international agreements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of the finder's services and target opportunities

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, including calculation methods and examples

3. Schedule 3 - Target Companies/Opportunities: List of specific targets or opportunities within scope

4. Schedule 4 - Excluded Opportunities: List of companies or opportunities excluded from the agreement

5. Schedule 5 - Reporting Requirements: Details of any required reporting or documentation

6. Appendix A - Contact Details: Key contact information for both parties

7. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the services

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

Financial Services

Real Estate

Mergers & Acquisitions

Private Equity

Venture Capital

Professional Services

Technology

Mining & Resources

Manufacturing

Business Services

Investment Banking

Commercial Property

Relevant Teams

Legal

Finance

Business Development

Corporate Development

Mergers & Acquisitions

Commercial

Procurement

Partnerships

Strategy

Executive Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Business Development Manager

Corporate Development Director

Investment Manager

Legal Counsel

Commercial Director

Mergers & Acquisitions Director

Business Broker

Management Consultant

Partnership Manager

Strategic Alliance Manager

Finance Director

Corporate Advisor

Business Owner

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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