Facilitation Fee Agreement Template for Malaysia

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Key Requirements PROMPT example:

Facilitation Fee Agreement

"I need a Facilitation Fee Agreement for engaging a local Malaysian business consultant to help establish our manufacturing facility in Penang, with a success-based fee structure and a contract term starting March 2025."

Document background
The Facilitation Fee Agreement is a crucial document for businesses operating in Malaysia that require legitimate intermediary or facilitation services to support their operations. This agreement type is commonly used when a company needs assistance with business development, market entry, regulatory compliance, or relationship management in Malaysia. The document must carefully balance commercial practicality with strict compliance requirements under Malaysian law, particularly the Malaysian Anti-Corruption Commission Act 2009 and related regulations. It should clearly distinguish legitimate facilitation services from improper payments or inducements, incorporating appropriate safeguards and compliance mechanisms. The agreement typically includes detailed service descriptions, fee structures, payment terms, and compliance obligations, making it essential for both local and international businesses engaging facilitators in Malaysia.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement - typically the Facilitator and the Principal

2. Background: Sets out the context and purpose of the agreement, including the business relationship between parties

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Appointment and Scope of Services: Details the appointment of the Facilitator and outlines the specific services to be provided

5. Facilitation Fee and Payment Terms: Specifies the fee structure, calculation method, and payment terms

6. Obligations of the Facilitator: Lists the duties, responsibilities, and commitments of the Facilitator

7. Obligations of the Principal: Details the duties and commitments of the Principal

8. Representations and Warranties: Contains standard and specific warranties from both parties, including compliance with anti-corruption laws

9. Confidentiality: Governs the handling and protection of confidential information

10. Term and Termination: Specifies the duration of the agreement and circumstances for termination

11. General Provisions: Contains standard boilerplate clauses including notices, amendments, governing law, etc.

Optional Sections

1. Exclusivity: Optional clause defining whether the Facilitator has exclusive rights - include when exclusivity is part of the arrangement

2. Performance Metrics: Include when specific performance standards or KPIs are required for the facilitation services

3. Insurance: Include when specific insurance requirements are needed for the services

4. Intellectual Property: Include when the services involve creation or use of intellectual property

5. Force Majeure: Include when specific force majeure provisions are needed beyond standard provisions

6. Anti-corruption Compliance Program: Include when detailed compliance procedures are required, especially for high-risk services

7. Dispute Resolution: Include when specific dispute resolution mechanisms (e.g., arbitration) are preferred

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of the facilitation services to be provided

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

3. Schedule 3 - Payment Schedule: Timeline and milestones for fee payments

4. Schedule 4 - Key Personnel: List of key personnel involved in providing the facilitation services

5. Schedule 5 - Compliance Requirements: Specific compliance requirements and procedures

6. Appendix A - Required Documentation: List of documents required for service delivery and payment processing

7. Appendix B - Reporting Templates: Standard templates for activity reports and payment requests

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 Industries

International Trade

Manufacturing

Business Services

Technology

Infrastructure

Real Estate

Energy

Healthcare

Telecommunications

Financial Services

Relevant Teams

Legal

Compliance

Finance

Business Development

Commercial

Operations

Procurement

Risk Management

Executive Leadership

Relevant Roles

Chief Executive Officer

Business Development Manager

Legal Counsel

Compliance Officer

Finance Director

Commercial Director

Operations Manager

Procurement Manager

Contract Manager

Risk Manager

Country Manager

Regional Director

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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