Finders Fee Agreement for Malta

Finders Fee Agreement Template for Malta

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Finders Fee Agreement

"I need a Finder's Fee Agreement for my Malta-based real estate development company, where we'll pay 2% commission to independent agents who introduce international property investors, with the agreement starting January 2025 and including specific provisions for cross-border transactions."

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What is a Finders Fee Agreement?

The Finder's Fee Agreement is essential for businesses operating in Malta who wish to formalize arrangements with intermediaries who facilitate valuable business connections or opportunities. This document is particularly relevant in Malta's thriving financial services, gaming, and international business sectors, where professional introductions are common and must comply with strict regulatory requirements. The agreement sets out clear terms for compensation, defines what constitutes a successful introduction, and establishes the rights and obligations of both parties. It includes necessary provisions to ensure compliance with Maltese law, including the Civil Code and financial services regulations, while addressing EU requirements where applicable. The Finder's Fee Agreement is crucial for protecting both parties' interests and ensuring transparency in business introduction arrangements, particularly important in Malta's highly regulated business environment.

What sections should be included in a Finders Fee Agreement?

1. Parties: Identifies the contracting parties - the Principal and the Finder, including full legal names and registered addresses

2. Background: Explains the context of the agreement, including the Principal's business needs and Finder's offered services

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

4. Scope of Services: Details the specific services the Finder will provide, including introduction methods and any limitations

5. Finder's Obligations: Outlines the Finder's responsibilities, including due diligence, reporting requirements, and compliance with applicable laws

6. Principal's Obligations: Specifies the Principal's duties, including providing necessary information and cooperation

7. Fee Structure and Payment Terms: Details the calculation of finder's fees, payment timing, and conditions for fee eligibility

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

9. Confidentiality: Establishes confidentiality obligations regarding shared information and business opportunities

10. Representations and Warranties: Contains standard warranties about capacity to contract and compliance with laws

11. Limitation of Liability: Sets boundaries on the Finder's liability and includes appropriate disclaimers

12. General Provisions: Includes standard boilerplate clauses such as notices, entire agreement, and governing law

What sections are optional to include in a Finders Fee Agreement?

1. Regulatory Compliance: Required when the Finder's activities might fall under financial services or investment regulations

2. Exclusivity: Optional section defining whether the Finder has exclusive rights for specific introductions or territories

3. Non-Circumvention: Added when there's risk of direct engagement between Principal and introduced parties bypassing the Finder

4. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance

5. Force Majeure: Optional clause protecting parties from unforeseen circumstances preventing performance

6. Non-Solicitation: Added when there's need to prevent poaching of introduced contacts or employees

7. International Transactions: Required for cross-border arrangements, addressing currency and jurisdictional issues

8. Dispute Resolution: Optional detailed procedures for handling disputes, including mediation or arbitration provisions

What schedules should be included in a Finders Fee Agreement?

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

2. Target Profile: Specific criteria and characteristics of target businesses or individuals for introductions

3. Excluded Parties: List of entities or individuals excluded from the scope of the agreement

4. Reporting Template: Standard format for introduction reports and tracking

5. Compliance Checklist: Required compliance procedures and documentation for introductions

6. Introduction Protocol: Detailed procedures for making and documenting introductions

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

Relevant Industries

Financial Services

Gaming and iGaming

Professional Services

Real Estate

Maritime Industry

Technology and Software

Investment Services

Corporate Services

Manufacturing

International Trade

Hospitality and Tourism

Healthcare

Education and Training

Relevant Teams

Legal

Business Development

Finance

Compliance

Commercial

Strategy

Sales

Corporate Development

Risk Management

Operations

Relevant Roles

Business Development Manager

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Compliance Officer

Commercial Director

Partnership Manager

Sales Director

Investment Manager

Corporate Development Officer

Head of Strategy

Business Consultant

Network Development Manager

Relationship Manager

Managing Director

Industries
Civil Code of Malta (Chapter 16 of the Laws of Malta): Provides the fundamental principles of contract law, including formation, validity, and enforcement of contracts, which form the basic legal framework for a finder's fee agreement
Commercial Code (Chapter 13 of the Laws of Malta): Governs commercial transactions and business relationships, including provisions relevant to commercial intermediaries and commission arrangements
Investment Services Act (Chapter 370 of the Laws of Malta): Relevant if the finder's activities could be considered as investment services or financial intermediation, requiring proper licensing and compliance
Financial Institutions Act (Chapter 376 of the Laws of Malta): May apply if the finder's activities involve financial services or intermediation in financial matters
Trading Licences Act (Chapter 441 of the Laws of Malta): Regulates business activities and may require specific licenses for certain types of intermediary services
Value Added Tax Act (Chapter 406 of the Laws of Malta): Governs VAT obligations on services provided, including finder's fees and commission-based services
Prevention of Money Laundering Act (Chapter 373 of the Laws of Malta): May be relevant if the finder's services involve large transactions or certain regulated sectors, requiring due diligence and reporting obligations
Consumer Affairs Act (Chapter 378 of the Laws of Malta): Applicable if any party to the agreement could be considered a consumer, providing additional protections and requirements
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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