Finders Fee Agreement for Malaysia

Finders Fee Agreement Template for Malaysia

A legally binding agreement governed by Malaysian law that establishes the terms and conditions under which a finder will receive compensation for successfully introducing potential business opportunities, partners, investors, or customers to the principal. The agreement complies with Malaysian contract law and financial services regulations, detailing the scope of services, payment terms, and conditions for fee eligibility while incorporating necessary safeguards for both parties under Malaysian jurisdiction.

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What is a Finders Fee Agreement?

The Finder's Fee Agreement is a crucial document used in Malaysian business contexts where companies or individuals seek to formalize arrangements for business introductions and opportunities. This agreement type is particularly relevant in Malaysia's dynamic business environment, where networking and business matchmaking play vital roles in commercial success. The document establishes clear parameters for compensation when successful introductions are made, protecting both the principal and the finder under Malaysian law. It includes specific provisions for payment triggers, service scope, and compliance with local regulations, particularly the Contracts Act 1950 and relevant financial services legislation. The agreement is designed to prevent future disputes by clearly documenting the terms of engagement and the conditions under which fees become payable.

What sections should be included in a Finders Fee Agreement?

1. Parties: Identifies and provides full details of the principal and the finder, including registration numbers for companies

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

3. Definitions: Defines key terms used throughout the agreement, including 'Successful Introduction', 'Target', and 'Fee'

4. Appointment and Scope: Details the appointment of the finder and specific services to be provided

5. Finder's Obligations: Lists the finder's duties, responsibilities, and service standards

6. Principal's Obligations: Outlines the principal's responsibilities and cooperation requirements

7. Fee Structure: Details the finder's fee calculation method, payment terms, and conditions for fee eligibility

8. Payment Terms: Specifies payment timing, method, and any conditions precedent to payment

9. Term and Termination: Sets out the duration of the agreement and circumstances for termination

10. Confidentiality: Establishes obligations regarding confidential information handling

11. Representations and Warranties: Contains standard warranties about capacity to contract and service delivery

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

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

1. Exclusivity: Used when the finder is granted exclusive rights for specific targets or territories

2. Non-Circumvention: Added when there's risk of direct engagement with introduced parties to avoid fees

3. Intellectual Property: Included when the finder's services involve sharing proprietary methods or materials

4. Force Majeure: Added for longer-term arrangements to address unforeseen circumstances

5. Compliance with Laws: Extended section when dealing with regulated industries or cross-border activities

6. Dispute Resolution: Detailed procedures for handling disputes, including mediation requirements

7. Insurance: Required when the finder's activities carry significant risks

8. Anti-Corruption Compliance: Detailed section for dealings with government entities or high-risk sectors

What schedules should be included in a Finders Fee Agreement?

1. Schedule 1 - Fee Calculation: Detailed breakdown of fee structures, including examples and formulas

2. Schedule 2 - Target Profile: Specific criteria and description of suitable targets for introduction

3. Schedule 3 - Excluded Parties: List of entities excluded from the finder's fee arrangement

4. Schedule 4 - Territory: Definition of geographical areas covered by the agreement

5. Schedule 5 - Introduction Protocol: Detailed process for making and documenting introductions

6. Appendix A - Contact Details: Key contact information for both parties and authorized representatives

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Fee Agreement

Cost

Free to use
Relevant Industries

Financial Services

Real Estate

Mergers & Acquisitions

Private Equity

Investment Banking

Technology

Manufacturing

Professional Services

Construction

Energy

Healthcare

Telecommunications

Relevant Teams

Legal

Business Development

Commercial

Finance

Compliance

Procurement

Corporate Development

Strategy

Operations

Risk Management

Relevant Roles

Business Development Manager

Chief Executive Officer

Legal Counsel

Commercial Director

Investment Manager

Business Broker

Network Development Officer

Partnership Manager

Chief Financial Officer

Procurement Manager

Corporate Development Director

Business Consultant

Compliance Officer

Contract Manager

Industries
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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