The Finder's Fee Agreement is a crucial document for businesses operating in Hong Kong's dynamic commercial environment where networking and business introductions play a vital role in growth and development. This agreement type is commonly used when companies or individuals wish to formalize arrangements for receiving business introductions and referrals, ensuring clear terms for compensation while maintaining compliance with Hong Kong regulations. The document addresses key aspects such as the scope of permitted introduction activities, fee calculations, payment triggers, and compliance requirements, particularly concerning Hong Kong's Securities and Futures Ordinance and anti-money laundering regulations. It's essential for protecting both parties' interests and avoiding potential disputes over commission claims or introduction credits.
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1. Parties: Identification of the principal and the finder, including full legal names and addresses
2. Background: Context of the agreement and general purpose of the arrangement
3. Definitions: Key terms used throughout the agreement, including 'Successful Introduction', 'Target Business', 'Fee', etc.
4. Appointment and Scope: Details of the finder's appointment and specific scope of authorized activities
5. Finder's Obligations: Key responsibilities and requirements for the finder, including compliance with laws
6. Principal's Obligations: Responsibilities of the principal, including providing necessary information and cooperation
7. Fee Structure: Detailed description of fees, calculation method, and payment terms
8. Payment Terms: Timing of payments, invoicing requirements, and payment conditions
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Confidentiality: Protection of confidential information and trade secrets
11. Representations and Warranties: Key assurances from both parties, including compliance with laws
12. Limitation of Liability: Limits on parties' liability and exclusions
13. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Non-Compete: Restrictions on finder's activities with competitors - use when exclusivity is required
2. Data Protection: Specific provisions for handling personal data - include when finder will handle personal information
3. Anti-Bribery: Specific anti-corruption provisions - important for high-risk transactions or jurisdictions
4. Regulatory Compliance: Detailed compliance requirements - include when activities might touch regulated areas
5. Insurance: Requirements for professional liability insurance - important for high-value introductions
6. Intellectual Property: IP protection clauses - include when proprietary information or materials are involved
7. Force Majeure: Provisions for unforeseen circumstances - useful for longer-term arrangements
1. Fee Schedule: Detailed breakdown of fee calculations and examples
2. Target Business Description: Specific details of the type of introductions sought
3. Approved Introduction Format: Template or requirements for making formal introductions
4. Compliance Requirements: Detailed compliance procedures and requirements
5. Restricted Activities: List of activities the finder must not engage in
6. Reporting Requirements: Templates and procedures for required reports
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