Intermediary Fee Agreement Template for Malaysia

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Key Requirements PROMPT example:

Intermediary Fee Agreement

"I need an Intermediary Fee Agreement for appointing a Malaysian sales agent to distribute our technology products in Southeast Asia, with a 5% commission structure and initial term starting March 1, 2025."

Document background
The Intermediary Fee Agreement is essential for businesses operating in Malaysia that engage third parties to facilitate transactions, represent their interests, or provide agency services. This document is commonly used when a company needs to formally establish a relationship with brokers, agents, consultants, or other intermediaries who will be compensated through fees or commissions. The agreement must comply with Malaysian legal requirements, including the Contracts Act 1950, tax regulations, and anti-corruption laws. It typically includes detailed provisions on service scope, territory restrictions, fee calculations, payment terms, performance standards, and compliance obligations. The document is particularly important in regulated industries or when dealing with cross-border transactions where clear documentation of the intermediary relationship is crucial for regulatory compliance and risk management.
Suggested Sections

1. Parties: Identification of the principal and the intermediary, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, business relationship, and general purpose of the intermediary arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Services', 'Fee', 'Territory', and other relevant terms

4. Appointment and Scope: Terms of the intermediary's appointment and detailed scope of authorized services

5. Term: Duration of the agreement, including commencement date and initial term

6. Fees and Payment Terms: Detailed structure of fees, calculation methods, payment schedules, and invoicing requirements

7. Obligations of the Intermediary: Key responsibilities, performance standards, and compliance requirements for the intermediary

8. Obligations of the Principal: Principal's commitments, support provisions, and information sharing requirements

9. Representations and Warranties: Standard and specific warranties from both parties regarding capacity, authority, and compliance

10. Confidentiality: Provisions for handling confidential information and trade secrets

11. Termination: Grounds for termination, notice requirements, and consequences of termination

12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for dispute resolution

Optional Sections

1. Non-Competition: Restrictions on intermediary's ability to work with competitors - include when exclusivity is required

2. Intellectual Property: IP ownership and usage rights - include when intermediary will handle or create IP

3. Insurance: Insurance requirements - include for high-value or high-risk services

4. Data Protection: Data handling and privacy requirements - include when personal data processing is involved

5. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-value agreements

6. Anti-Corruption Compliance: Detailed anti-corruption provisions - include for international or government-related services

7. Audit Rights: Right to audit intermediary's records - include for complex fee structures or regulatory requirements

8. Assignment: Rights to assign the agreement - include when transfer rights are important to either party

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of intermediary services and performance metrics

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, commission rates, and calculation methods

3. Schedule 3 - Territory: Definition of geographical area or market segment where intermediary is authorized to operate

4. Schedule 4 - Reporting Requirements: Templates and requirements for regular reporting by the intermediary

5. Schedule 5 - Compliance Requirements: Specific regulatory and compliance requirements applicable to the services

6. Appendix A - Contact Details: Key contact persons and communication protocols for both parties

7. Appendix B - Service Level Agreement: Specific performance standards and metrics for service delivery

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

Financial Services

Real Estate

International Trade

Manufacturing

Technology

Professional Services

Retail and Distribution

Construction

Healthcare

Energy and Resources

Telecommunications

Tourism and Hospitality

Relevant Teams

Legal

Finance

Compliance

Commercial

Business Development

Sales

Procurement

Operations

Risk Management

Contract Administration

Relevant Roles

Chief Executive Officer

Commercial Director

Business Development Manager

Legal Counsel

Compliance Officer

Finance Director

Sales Manager

Procurement Manager

Channel Partner Manager

Operations Director

Risk Manager

Contract Administrator

Regional Manager

Agency Relationship Manager

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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