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Fundraising Commission Agreement
"I need a Fundraising Commission Agreement for my tech startup to engage a fundraising agent to secure Series A funding in India, with a 2% commission structure and the possibility to extend services to international investors by March 2025."
1. Parties: Identification of the principal and the fundraiser/agent, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including the principal's business and fundraising objectives
3. Definitions: Key terms used throughout the agreement, including 'Successful Fundraising', 'Commission', 'Target Investors', etc.
4. Appointment and Scope: Terms of the fundraiser's appointment and detailed scope of authorized fundraising activities
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Commission Structure: Detailed breakdown of commission rates, calculation methods, and qualifying criteria
7. Payment Terms: Timeline and method of commission payments, including any conditions precedent
8. Obligations of the Fundraiser: Fundraiser's duties, responsibilities, and performance standards
9. Obligations of the Principal: Principal's commitments, including information provision and support
10. Compliance Requirements: Regulatory compliance obligations, including SEBI regulations and anti-money laundering requirements
11. Confidentiality: Protection of confidential information and trade secrets
12. Representations and Warranties: Standard declarations by both parties regarding capacity and authority
13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. International Fundraising: Include when fundraising activities extend beyond India, addressing FEMA compliance and cross-border payments
2. Charitable Fundraising Provisions: Required when fundraising involves charitable or non-profit organizations
3. Sub-Agents: Include when the fundraiser is permitted to appoint sub-agents
4. Non-Compete: Optional restrictions on fundraiser's activities with competitors
5. Intellectual Property: Include when fundraising materials involve significant IP rights
6. Force Majeure: Optional clause for unforeseen circumstances affecting performance
7. Insurance Requirements: Include when specific insurance coverage is required for fundraising activities
8. Data Protection: Required when handling personal data of potential investors
1. Commission Rates Schedule: Detailed breakdown of commission rates for different types of funding secured
2. Target Investor Profile: Specifications of qualified investors and target funding sources
3. Fundraising Materials: List of approved marketing materials and presentations
4. Compliance Checklist: Regulatory requirements and compliance procedures
5. Reporting Templates: Standard formats for activity reports and commission calculations
6. Excluded Investors: List of investors or categories excluded from the commission arrangement
7. KYC Requirements: Know Your Customer documentation requirements for different investor categories
Authors
Affiliate
Applicable Laws
Business Day
Commission
Confidential Information
Effective Date
Excluded Investors
Force Majeure Event
Fundraising Activities
Fundraising Materials
Fundraising Period
Intellectual Property Rights
Investment
Investor
Key Performance Indicators
Material Adverse Effect
Minimum Investment Amount
Principal
Qualified Investors
Regulatory Approvals
SEBI
Services
Success Fee
Successful Fundraising
Target Investors
Term
Territory
Transaction
Transaction Documents
Due Diligence Materials
Compliance Requirements
Performance Report
Commission Payment Date
Investment Committee
Sub-Agent
Term Sheet
Working Hours
Commission Rate
Investment Round
Closing
Break Fee
Tail Period
Pipeline Investors
Scope of Services
Exclusivity
Term and Termination
Commission Structure
Payment Terms
Performance Obligations
Representations and Warranties
Confidentiality
Non-Solicitation
Non-Compete
Intellectual Property
Regulatory Compliance
Anti-Money Laundering
Record Keeping
Reporting Requirements
Sub-Contracting
Force Majeure
Indemnification
Limitation of Liability
Insurance
Assignment
Notice
Governing Law
Dispute Resolution
Amendment
Severability
Entire Agreement
Foreign Exchange Compliance
Data Protection
Authority and Capacity
Good Faith
Survival
Third Party Rights
Costs and Expenses
Financial Services
Investment Banking
Private Equity
Venture Capital
Real Estate
Technology Startups
Healthcare
Infrastructure
Manufacturing
Renewable Energy
Education
Non-Profit Organizations
Legal
Finance
Corporate Development
Treasury
Compliance
Business Development
Investment Relations
Corporate Strategy
Risk Management
Operations
Chief Financial Officer
Investment Manager
Fundraising Consultant
Business Development Manager
Private Equity Manager
Venture Capital Associate
Finance Director
Investment Banker
Corporate Finance Manager
Managing Director
Legal Counsel
Compliance Officer
Treasury Manager
Strategic Partnership Manager
Financial Controller
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