Finder Fees Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions under which a finder or intermediary will be compensated for successfully introducing business opportunities, potential clients, investors, or partners to the principal company. The document outlines the scope of services, compensation structure, payment terms, and compliance requirements in accordance with Indian legislation, including the Indian Contract Act, 1872, and relevant commercial regulations. It includes specific provisions for confidentiality, representations and warranties, and dispute resolution mechanisms within the Indian legal framework.

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What is a Finder Fees Agreement?

The Finder Fees Agreement is a crucial document for businesses operating in India that wish to formally engage intermediaries for business introductions and opportunities. This agreement type is commonly used when companies seek to expand their network, identify potential investors, secure new clients, or explore merger and acquisition opportunities through third-party intermediaries. The document must comply with Indian legal requirements, including the Indian Contract Act, 1872, Prevention of Corruption Act, 1988, and relevant tax regulations. It typically includes detailed provisions on service scope, success criteria, fee structures, payment terms, and confidentiality obligations. The agreement is particularly important in protecting both parties' interests by clearly defining what constitutes a successful introduction and the corresponding compensation terms, while ensuring compliance with Indian regulatory requirements regarding intermediary services and payment structures.

What sections should be included in a Finder Fees Agreement?

1. Parties: Identifies and provides details of the principal party and the finder, including their legal names, addresses, and any registration details

2. Background: Sets out the context of the agreement, including the principal's business and their need for the finder's services

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Scope of Services: Clearly defines what constitutes the finder's services and what activities are specifically excluded

5. Compensation: Details the finder's fee structure, calculation method, and payment terms

6. Payment Terms: Specifies when and how payments will be made, including any conditions precedent to payment

7. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated

8. Confidentiality: Obligations regarding confidential information shared during the course of the relationship

9. Representations and Warranties: Basic warranties from both parties, including the finder's authority to provide services

10. Limitation of Liability: Limits on the parties' liability and any indemnification provisions

11. Governing Law and Jurisdiction: Specifies that Indian law governs and sets out jurisdiction for dispute resolution

What sections are optional to include in a Finder Fees Agreement?

1. Non-Solicitation: Prevents the finder from soliciting employees or clients of the principal - include when the finder may have access to sensitive relationship information

2. Exclusivity: Grants exclusive rights to the finder for specific opportunities - include when the finder has unique access or relationships

3. Regulatory Compliance: Additional provisions for regulatory compliance - include when dealing with regulated industries or cross-border transactions

4. Force Majeure: Provisions for unforeseen circumstances - include when the agreement is long-term or high-value

5. Assignment: Rights to assign the agreement - include when either party may need to transfer rights

6. Survival: Specifies which provisions survive termination - include when there are post-termination obligations

7. Insurance: Requirements for professional liability insurance - include when services involve significant financial implications

What schedules should be included in a Finder Fees Agreement?

1. Schedule A - Fee Calculation: Detailed breakdown of fee structure, including percentages, tiers, and calculation examples

2. Schedule B - Target Business Description: Detailed description of the type of opportunities or targets the finder should pursue

3. Schedule C - Excluded Opportunities: List of specific opportunities or targets explicitly excluded from the agreement

4. Schedule D - Reporting Requirements: Format and frequency of progress reports required from the finder

5. Appendix 1 - Contact Details: Key contact persons and their details for both parties

6. Appendix 2 - Compliance Requirements: Specific regulatory or compliance requirements applicable to the finder's 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

Cost

Free to use

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