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Business Broker Contract
"I need a Business Broker Contract for my Malaysian technology consulting firm to engage a broker for selling our business by March 2025, with specific provisions for protecting our intellectual property and client data during the sale process."
1. Parties: Identification of the business broker and the client, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including the broker's qualifications and client's intention to engage broker services
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Appointment and Scope of Services: Terms of the broker's appointment and detailed description of services to be provided
5. Broker's Rights and Obligations: Detailed responsibilities and authorities of the broker
6. Client's Rights and Obligations: Client's responsibilities, including providing necessary information and cooperation
7. Fees and Payment Terms: Detailed structure of broker's fees, payment schedules, and terms
8. Confidentiality: Obligations regarding confidential information and trade secrets
9. Representations and Warranties: Statements of fact and guarantees by both parties
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Dispute Resolution: Procedures for handling disputes, including jurisdiction and governing law
12. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Exclusivity: Terms of exclusive rights granted to the broker, used when exclusive representation is agreed
2. Sub-Contracting: Terms for engaging third-party services, included when sub-contracting is permitted
3. International Transactions: Additional provisions for cross-border dealings, included when international business is anticipated
4. Digital Services: Provisions for online platforms and digital services, included when relevant to the service delivery
5. Intellectual Property: IP rights and usage terms, included when proprietary information or systems are involved
6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements
7. Non-Competition: Restrictions on competitive activities, included when required by the business context
8. Insurance Requirements: Specific insurance obligations, included for high-value or high-risk transactions
1. Schedule A - Fee Structure: Detailed breakdown of all fees, commissions, and payment calculations
2. Schedule B - Services Description: Comprehensive list and description of all services to be provided
3. Schedule C - Required Documentation: List of documents and information required from the client
4. Schedule D - Reporting Templates: Standard formats for progress reports and transaction documentation
5. Schedule E - Compliance Checklist: Regulatory compliance requirements and procedures
6. Appendix 1 - Code of Ethics: Professional standards and ethical guidelines to be followed
7. Appendix 2 - Privacy Policy: Detailed data protection and privacy procedures
8. Appendix 3 - Transaction Process Flow: Step-by-step guide of the business brokerage process
Authors
Broker
Client
Services
Business Opportunity
Commission
Confidential Information
Business Day
Effective Date
Intellectual Property Rights
Target Business
Transaction
Success Fee
Retainer Fee
Engagement Period
Completion Date
Due Diligence
Exclusivity Period
Professional Fees
Purchase Price
Closing
Material Information
Listing
Valuation
Representatives
Territory
Governing Law
Force Majeure
Buyer
Seller
Introduction
Marketing Materials
Memorandum of Understanding
Escrow Account
Business Assets
Commencement Date
Term
Termination Date
Dispute
Net Purchase Price
Affiliate
Completion
Signing Date
Scope of Services
Exclusivity
Broker's Obligations
Client's Obligations
Commission Structure
Success Fee
Retainer Fee
Payment Terms
Confidentiality
Non-Disclosure
Data Protection
Intellectual Property
Representations and Warranties
Due Diligence
Marketing Authorization
Transaction Process
Documentation Requirements
Regulatory Compliance
Anti-Money Laundering
Term
Termination
Force Majeure
Assignment
Sub-Contracting
Dispute Resolution
Governing Law
Jurisdiction
Notices
Amendment
Severability
Entire Agreement
Third Party Rights
Costs and Expenses
Indemnification
Insurance
Non-Solicitation
Non-Competition
Good Faith
Limitation of Liability
Business Services
Professional Services
Real Estate
Manufacturing
Retail
Technology
Healthcare
Hospitality
Financial Services
Consulting
Industrial
Transport and Logistics
Education
Legal
Corporate Development
Mergers & Acquisitions
Business Development
Finance
Compliance
Executive Leadership
Commercial Operations
Risk Management
Corporate Secretarial
Business Broker
Managing Director
Chief Executive Officer
Business Development Manager
Corporate Lawyer
Mergers & Acquisitions Specialist
Transaction Advisory Manager
Business Valuation Specialist
Commercial Director
Chief Financial Officer
Legal Counsel
Compliance Officer
Business Owner
Company Secretary
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