The Finder's Fee Contract is essential for businesses operating in Ireland that wish to formally engage individuals or companies to source new business opportunities, potential acquisitions, or strategic partnerships. This document is particularly relevant in today's interconnected business environment where networking and introductions play a crucial role in business development. The agreement ensures compliance with Irish law, including the Commercial Agents Regulations 1994 and relevant financial services regulations where applicable. It provides clarity on what constitutes a successful introduction, establishes clear payment terms, and includes necessary provisions for data protection and confidentiality. The contract helps prevent future disputes by clearly documenting the scope of the finder's authority, the exclusivity or non-exclusivity of the arrangement, and the duration of the finder's rights to claim fees for successful introductions.
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1. Parties: Identifies and defines the principal and the finder with their full legal names and addresses
2. Background: Sets out the context of the agreement and the principal's desire to engage the finder to identify potential opportunities
3. Definitions: Defines key terms used throughout the agreement, including 'Successful Introduction', 'Target Business', and 'Finder's Fee'
4. Appointment and Scope: Defines the finder's role, the exclusive/non-exclusive nature of the appointment, and territorial scope
5. Finder's Services and Obligations: Details the specific services to be provided and the finder's responsibilities
6. Principal's Obligations: Outlines the principal's responsibilities, including providing necessary information and cooperation
7. Fee Structure and Payment Terms: Specifies the finder's fee calculation method, payment timing, and any conditions precedent
8. Term and Termination: States the agreement duration and circumstances for termination
9. Confidentiality: Covers the treatment of confidential information exchanged during the engagement
10. Data Protection: Addresses GDPR compliance and data handling requirements
11. Non-Circumvention: Prevents the principal from bypassing the finder to avoid paying fees
12. General Provisions: Including governing law, jurisdiction, entire agreement, and amendment procedures
1. Non-Solicitation: Prevents parties from hiring each other's employees - include when dealing with larger organizations
2. Intellectual Property: Include when the finder may develop or use proprietary methods or materials
3. Insurance Requirements: Include when the finder's activities carry significant risks or when dealing with regulated industries
4. Compliance with Anti-Bribery Laws: Include for international dealings or when working with government entities
5. Regulatory Compliance: Include when the finder's activities might fall under financial services or other regulated activities
6. Force Majeure: Include when the agreement is long-term or when external factors could significantly impact performance
7. Audit Rights: Include when dealing with complex fee structures or when transparency is crucial
1. Schedule 1: Fee Calculator: Detailed breakdown of fee calculation methods and examples
2. Schedule 2: Target Business Profile: Specific criteria and characteristics of businesses or opportunities being sought
3. Schedule 3: Excluded Opportunities: List of pre-existing contacts or opportunities excluded from the agreement
4. Schedule 4: Reporting Requirements: Templates and timing for progress reports and introduction documentation
5. Schedule 5: Compliance Procedures: Detailed procedures for ensuring regulatory compliance in making introductions
6. Appendix A: Introduction Notice Template: Standard form for documenting introductions made by the finder
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