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Intermediary Fee Agreement

Intermediary Fee Agreement Template for New Zealand

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Key Requirements PROMPT example:

Intermediary Fee Agreement

"I need an Intermediary Fee Agreement for my real estate consultancy firm based in Auckland, establishing a 5% commission structure for successful property deals, with the agreement to commence from March 1, 2025."

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Document background
The Intermediary Fee Agreement is essential for businesses operating in New Zealand that engage third-party intermediaries to facilitate transactions, provide services, or represent their interests. This document is commonly used when establishing formal arrangements for commission-based services, consulting relationships, or agency arrangements. The agreement must comply with New Zealand's Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant financial services regulations. It typically includes detailed fee structures, service scope, performance metrics, and compliance requirements. An Intermediary Fee Agreement is particularly important in regulated industries where clear documentation of commercial relationships and fee arrangements is mandatory.
Suggested Sections

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

2. Background: Sets out the context of the agreement and the parties' intentions

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

4. Appointment and Scope: Establishes the appointment of the intermediary and defines the scope of services

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

6. Fees and Payment Terms: Details the fee structure, calculation method, and payment terms

7. Obligations of the Intermediary: Lists the intermediary's duties, responsibilities, and service standards

8. Obligations of the Principal: Outlines the principal's responsibilities and commitments

9. Confidentiality: Addresses the handling of confidential information

10. Liability and Indemnity: Sets out liability limitations and indemnification provisions

11. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Non-Compete and Non-Solicitation: Restrictions on competitive activities - include when protecting business interests is crucial

2. Intellectual Property: IP ownership and usage rights - include when the services involve creation or use of IP

3. Insurance: Insurance requirements - include when specific coverage is needed for the services

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

5. Performance Metrics: Service level agreements and KPIs - include when specific performance standards are required

6. Compliance with Laws: Specific regulatory compliance obligations - include when operating in regulated industries

7. Force Majeure: Provisions for unforeseen circumstances - include when long-term or high-value services are involved

Suggested Schedules

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

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

3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements

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

5. Appendix A - Contact Details: Key contact information for both parties

6. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the services

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Business Day
Commencement Date
Confidential Information
Fees
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
Intermediary
Intermediary Services
Key Performance Indicators
Material Breach
Notice
Performance Metrics
Principal
Related Companies
Relevant Transaction
Services
Service Level Requirements
Success Fee
Term
Territory
Transaction Value
Working Hours
Commission
Base Fee
Qualifying Transaction
Reporting Period
Client
Dispute
Documentation
Effective Date
Performance Standards
Representatives
Service Provider
Termination Date
Clauses
Appointment
Services
Term
Fees and Commission
Payment Terms
Performance Standards
Reporting Requirements
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property
Data Protection
Representations and Warranties
Compliance with Laws
Insurance
Liability and Indemnification
Force Majeure
Termination
Assignment
Notices
Dispute Resolution
Governing Law
Amendment
Entire Agreement
Severability
Waiver
Third Party Rights
Authority
Anti-Bribery and Corruption
Record Keeping
Audit Rights
GST and Taxation
Relationship of Parties
Counterparts
Relevant Industries

Financial Services

Real Estate

Insurance

Business Consulting

Import/Export

Commercial Property

Recruitment

Mergers and Acquisitions

Professional Services

Technology Services

Manufacturing Distribution

Wholesale Trade

Relevant Teams

Legal

Finance

Commercial

Procurement

Business Development

Sales

Compliance

Risk Management

Operations

Contract Management

Relevant Roles

Chief Financial Officer

Commercial Director

Legal Counsel

Procurement Manager

Business Development Manager

Sales Director

Compliance Officer

Risk Manager

Operations Manager

Contract Manager

Finance Manager

Commercial Manager

Industries
Contract and Commercial Law Act 2017: This is the primary legislation governing contract formation, enforcement, and remedies in New Zealand. It provides the fundamental framework for creating legally binding agreements.
Financial Service Providers (Registration and Dispute Resolution) Act 2008: Regulates financial service providers and intermediaries, including registration requirements and dispute resolution procedures.
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading or deceptive conduct in trade. This is crucial for intermediary relationships and fee disclosures.
Goods and Services Tax Act 1985: Governs the application of GST to intermediary services and fee arrangements in New Zealand.
Income Tax Act 2007: Relevant for tax treatment of intermediary fees and withholding tax obligations.
Anti-Money Laundering and Countering Financing of Terrorism Act 2009: May be relevant if the intermediary services involve financial transactions or reporting entities.
Credit Contracts and Consumer Finance Act 2003: Could be relevant if the intermediary services involve consumer credit or related financial products.
Financial Markets Conduct Act 2013: Important if the intermediary services involve financial products or financial market services.
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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