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Finders Fee Agreement

Finders Fee Agreement Template for Austria

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Key Requirements PROMPT example:

Finders Fee Agreement

"I need a Finder's Fee Agreement for our technology company based in Vienna, where we'll pay 2% commission to independent contractors who introduce potential acquisition targets in the DACH region, with the agreement running until December 2025."

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Document background
The Finder's Fee Agreement is a crucial document for businesses operating in Austria who wish to formalize arrangements with intermediaries who facilitate valuable business connections or opportunities. This agreement type is commonly used when a company (Principal) seeks to engage an individual or entity (Finder) to identify and introduce potential business partners, acquisition targets, investors, or clients. The document must comply with Austrian civil and commercial laws, including the ABGB (Austrian Civil Code) and UGB (Commercial Code), while also addressing EU requirements such as GDPR. It typically includes detailed provisions on commission structures, payment triggers, and protection mechanisms for all parties involved. The agreement is particularly important in regulated industries where clear documentation of business relationships and payment obligations is essential for compliance and audit purposes.
Suggested Sections

1. Parties: Identification of the Principal and the Finder, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement, including 'Successful Introduction', 'Target Business', and 'Finder's Fee'

4. Scope of Services: Detailed description of the Finder's role, responsibilities, and permitted activities

5. Success Criteria: Clear definition of what constitutes a successful introduction and triggers the fee obligation

6. Fee Structure and Payment Terms: Amount or calculation method of the finder's fee, payment timing, and invoicing requirements

7. Term and Termination: Duration of the agreement and conditions for termination

8. Confidentiality: Obligations regarding confidential information and business secrets

9. Data Protection: GDPR compliance and data handling requirements

10. Non-Circumvention: Provisions preventing direct dealings that bypass the Finder

11. Representations and Warranties: Basic promises and statements by both parties

12. Governing Law and Jurisdiction: Confirmation of Austrian law application and competent courts

13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Exclusivity: Used when the Finder has exclusive rights for certain introductions or territories

2. Non-Solicitation: Include when parties want to prevent hiring of each other's employees

3. Marketing and Promotion: Include when the Finder needs specific rights to promote the Principal's business

4. Intellectual Property: Required when the Finder needs to use Principal's trademarks or materials

5. Force Majeure: Include for longer-term arrangements to address unforeseen circumstances

6. Insurance: Include when Finder is required to maintain specific insurance coverage

7. Compliance with Laws: Include detailed compliance obligations for regulated industries

8. Dispute Resolution: Include if parties want to specify mediation or arbitration before court proceedings

Suggested Schedules

1. Schedule 1 - Fee Calculation: Detailed breakdown of fee structures, including any sliding scales or bonus arrangements

2. Schedule 2 - Target Business Profile: Specific criteria and characteristics of businesses or opportunities being sought

3. Schedule 3 - Reporting Requirements: Templates and timeframes for activity reporting if required

4. Schedule 4 - Excluded Opportunities: List of pre-existing contacts or opportunities excluded from the agreement

5. Schedule 5 - Approved Marketing Materials: If applicable, pre-approved materials and messaging for the Finder's use

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
Principal
Finder
Services
Target Business
Successful Introduction
Finder's Fee
Confidential Information
Business Day
Commencement Date
Effective Date
Intellectual Property Rights
Personal Data
Territory
Term
Qualifying Transaction
Introduction Period
Target Criteria
Excluded Opportunities
Force Majeure Event
Group Company
Representatives
Success Fee
Transaction Value
Authorized Person
Business Opportunity
Commission
Contact Details
Due Diligence
Effective Introduction
Fee Schedule
Governmental Authority
Initial Term
Introducer
Material Breach
Potential Target
Regulatory Requirements
Termination Date
Working Hours
Clauses
Parties
Recitals
Definitions
Appointment
Scope of Services
Exclusivity
Term and Duration
Fee Structure
Payment Terms
Success Criteria
Obligations of the Finder
Obligations of the Principal
Representations and Warranties
Confidentiality
Data Protection
Non-Circumvention
Non-Solicitation
Intellectual Property
Limitation of Liability
Indemnification
Force Majeure
Term and Termination
Assignment
Notices
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Counterparts
Further Assurance
Costs
Relationship of Parties
Compliance with Laws
Anti-Bribery
Dispute Resolution
Governing Law
Jurisdiction
Relevant Industries

Financial Services

Real Estate

Mergers & Acquisitions

Private Equity

Venture Capital

Professional Services

Technology

Manufacturing

Retail

Healthcare

Construction

Business Services

Consulting

Import/Export

Industrial

Relevant Teams

Legal

Finance

Business Development

Commercial

Procurement

Compliance

Corporate Development

Sales

Strategy

Risk Management

Operations

Relevant Roles

Business Development Manager

Chief Executive Officer

Chief Financial Officer

Commercial Director

Legal Counsel

Corporate Development Manager

Procurement Manager

Business Broker

Investment Manager

Real Estate Agent

Mergers & Acquisitions Director

Partnership Manager

Sales Director

Strategy Manager

Finance Manager

Compliance Officer

Industries
Austrian Civil Code (ABGB): The fundamental civil law code that governs contract formation, validity, and general contractual obligations in Austria
Austrian Commercial Code (UGB): Regulates commercial relationships and specific provisions for business-to-business contracts
Austrian Commercial Agents Act (HVertrG): While not directly applicable, provides relevant principles for intermediary relationships and commission structures
Austrian Consumer Protection Act (KSchG): Applies if one party is a consumer, providing additional protection and specific requirements for such agreements
Austrian Real Estate Broker Act (IMV): If the finder's fee relates to real estate, these specific regulations must be considered
Austrian Data Protection Act (DSG): Governs the handling of personal data in the context of the agreement, implementing GDPR requirements
Austrian Anti-Money Laundering Act (FM-GwG): Relevant for compliance requirements when handling financial transactions and commissions
Austrian E-Commerce Act (ECG): Applicable if the finder's fee agreement is concluded electronically or relates to online business activities
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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