Finders Agreement Template for Germany

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Key Requirements PROMPT example:

Finders Agreement

"I need a Finder's Agreement for my technology consulting firm to engage an independent consultant who will help us identify potential acquisition targets in the German software industry, with a success fee structure of 2% for deals up to €10 million."

Document background
The Finder's Agreement is essential for businesses seeking to expand their network and opportunities through third-party intermediaries in the German market. This document is typically used when a company wishes to engage an individual or entity to identify and facilitate introductions to potential business partners, acquisition targets, or other commercial opportunities. The agreement must comply with German legal requirements, including the Civil Code (BGB) and Commercial Code (HGB), while clearly defining the finder's role, compensation structure, and compliance obligations. The document includes specific provisions for success fees, introduction criteria, and data protection requirements under GDPR (DSGVO). It's particularly important in regulated industries where clear documentation of business relationships and compensation arrangements is mandatory.
Suggested Sections

1. Parties: Identification of the principal company and the finder, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including the principal's business and the purpose of engaging a finder

3. Definitions: Key terms used throughout the agreement, including 'Qualified Introduction', 'Success Fee', 'Target Companies', etc.

4. Scope of Services: Detailed description of the finder's role, responsibilities, and authorized activities

5. Success Fee and Payment Terms: Structure of finder's fees, calculation methods, payment timing, and conditions for fee entitlement

6. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination

7. Confidentiality: Obligations regarding confidential information and trade secrets

8. Data Protection: GDPR compliance requirements and data handling procedures

9. Non-Solicitation: Restrictions on soliciting employees or clients

10. Independent Contractor Status: Clarification of the finder's status as an independent contractor

11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

12. Entire Agreement: Integration clause and relationship to other agreements

Optional Sections

1. Exclusivity: Terms regarding exclusive rights to certain introductions or territories - used when the finder has exclusive rights

2. International Transactions: Additional provisions for cross-border introductions - included when international business is anticipated

3. Regulatory Compliance: Specific compliance requirements for regulated industries - needed for financial services or other regulated sectors

4. Sub-contractors: Terms governing the use of sub-contractors or agents - included if the finder may delegate tasks

5. Insurance Requirements: Specific insurance coverage requirements - relevant for high-value transactions or regulated industries

6. Post-Termination Obligations: Ongoing obligations after agreement ends - important for long-term relationships or complex transactions

Suggested Schedules

1. Schedule 1: Target Companies: List of potential target companies or sectors that are within scope

2. Schedule 2: Fee Structure: Detailed breakdown of success fees, including calculation examples and special cases

3. Schedule 3: Reporting Requirements: Templates and procedures for regular reporting of activities

4. Schedule 4: Compliance Procedures: Detailed procedures for ensuring compliance with relevant laws and regulations

5. Appendix A: Introduction Form: Standard form for documenting qualified introductions

6. Appendix B: Data Processing Agreement: GDPR-compliant data processing terms and procedures

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Real Estate

Technology

Manufacturing

Professional Services

Private Equity

Venture Capital

Healthcare

Industrial

Energy

Telecommunications

Retail

Relevant Teams

Legal

Business Development

Corporate Development

Mergers & Acquisitions

Finance

Compliance

Strategy

Executive Leadership

Commercial Operations

Risk Management

Relevant Roles

Business Development Manager

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Corporate Development Director

M&A Director

Investment Manager

Commercial Director

Business Development Director

Compliance Officer

Head of Strategy

Managing Director

Partner

General Counsel

Chief Operating Officer

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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