The Business Broker Contract is essential for professional intermediaries operating in Nigeria's dynamic business environment. This document is specifically designed to comply with Nigerian commercial law and regulatory requirements, providing a formal framework for business brokers engaged in facilitating business sales, acquisitions, or mergers. The contract addresses key aspects such as broker appointment, service scope, commission structures, and confidentiality obligations, while incorporating necessary provisions from the Companies and Allied Matters Act (CAMA) 2020 and other relevant Nigerian legislation. It's particularly crucial for protecting both parties' interests in business transactions and ensuring clear understanding of rights, obligations, and compensation terms. The document includes specific provisions for the Nigerian market context, including local business practices, regulatory compliance requirements, and standard commercial terms.
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1. Parties: Identification of the business broker and the client with full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Key terms used throughout the agreement including 'Transaction', 'Commission', 'Confidential Information', etc.
4. Appointment and Scope: Formal appointment of the broker and detailed scope of services to be provided
5. Broker's Rights and Obligations: Detailed responsibilities of the broker including marketing, negotiation, and documentation duties
6. Client's Rights and Obligations: Client's responsibilities including providing information, cooperation, and exclusive listing terms if applicable
7. Commission Structure: Detailed breakdown of fees, commission rates, and payment terms
8. Confidentiality: Obligations regarding confidential information handling and non-disclosure provisions
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Post-Termination Rights: Rights and obligations that survive after agreement termination, including tail period provisions
11. Warranties and Representations: Statements of fact and promises made by both parties
12. Limitation of Liability: Extent and limitations of broker's liability
13. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Non-Compete: Restrictions on broker's ability to work with competing businesses - used when dealing with sensitive or competing interests
2. Success Fee Structure: Additional performance-based compensation terms - used for complex transactions or high-value deals
3. International Transactions: Specific provisions for cross-border deals - included when international business sales are anticipated
4. Multiple Listing Services: Terms for listing on various platforms - relevant when using multiple marketing channels
5. Dispute Resolution: Detailed arbitration or mediation procedures - recommended for high-value contracts
6. Force Majeure: Provisions for unforeseen circumstances - particularly relevant in uncertain market conditions
1. Schedule A - Services Description: Detailed list of specific services to be provided by the broker
2. Schedule B - Commission Rates: Detailed breakdown of commission structures, including any sliding scales or special provisions
3. Schedule C - Marketing Plan: Specific marketing strategies and channels to be used
4. Schedule D - Required Documentation: List of documents and information required from the client
5. Appendix 1 - Confidentiality Agreement: Detailed NDA terms for use with potential buyers
6. Appendix 2 - Due Diligence Checklist: Standard checklist for information gathering and verification
7. Appendix 3 - Reporting Templates: Standard formats for progress reports and updates
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