Private Equity Finders Fee Agreement Template for Indonesia

The Private Equity Finders Fee Agreement is essential for private equity transactions in Indonesia where intermediaries play a crucial role in identifying and facilitating investment opportunities. This document is typically used when a private equity fund or company seeks to engage professional intermediaries to source potential investment opportunities or investors. It must comply with Indonesian investment laws, including Law No. 25 of 2007 on Investment and relevant OJK regulations governing investment services. The agreement details the scope of services, success criteria, fee calculations, payment terms, and necessary compliance requirements. It includes specific provisions addressing Indonesian regulatory requirements while incorporating international best practices in private equity transactions. The document is particularly important given Indonesia's complex regulatory environment and the need for local market expertise in deal sourcing.

1. Parties: Identification of the Principal (typically the fund or company seeking investment) and the Finder

2. Background: Context of the agreement, including the Principal's desire to identify potential investors and the Finder's capability to introduce such investors

3. Definitions: Key terms including 'Successful Introduction', 'Qualified Investor', 'Investment', 'Fee', and 'Target Investment'

4. Appointment and Scope of Services: Details of the Finder's appointment and specific services to be provided

5. Exclusivity and Territory: Geographic scope and any exclusivity arrangements

6. Fee Structure and Payment Terms: Detailed breakdown of fees, calculation methods, and payment conditions

7. Payment Mechanics: Specific procedures for invoicing and payment, including bank details and currency

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Regulatory Compliance: Compliance with Indonesian investment laws and OJK regulations

10. Representations and Warranties: Standard and specific warranties from both parties

11. Confidentiality: Protection of confidential information and trade secrets

12. Non-Circumvention: Prevention of direct dealings that bypass the Finder

13. Limitation of Liability: Caps on liability and exclusions

14. Governing Law and Dispute Resolution: Indonesian law as governing law and dispute resolution mechanism

15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment