Fundraising Commission Agreement Template for Singapore

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Key Requirements PROMPT example:

Fundraising Commission Agreement

"Need a Fundraising Commission Agreement for engaging a professional fundraiser to help our educational charity raise $2M through corporate sponsorships, with a tiered commission structure starting from March 2025 and including strict compliance requirements for Singapore fundraising regulations."

Document background
The Fundraising Commission Agreement serves as a critical document for organizations seeking to engage professional fundraisers or agencies on a commission basis in Singapore. This agreement is particularly important when organizations need to establish clear parameters for fundraising activities, commission structures, and compliance with local regulations. The document addresses key aspects such as payment terms, performance metrics, regulatory compliance, and risk management, while ensuring alignment with Singapore's legal framework. The agreement is commonly used by both charitable and commercial organizations, providing a structured approach to fundraising relationships and protecting the interests of all parties involved.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details

2. Background: Context of the agreement and brief description of the fundraising arrangement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and detailed scope of fundraising services

5. Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms

6. Obligations of Parties: Specific responsibilities of both the fundraiser and the principal

7. Compliance Requirements: Regulatory compliance obligations and reporting requirements

8. Term and Termination: Duration of agreement and circumstances for termination

9. Governing Law: Specification of Singapore law as governing law and jurisdiction

Optional Sections

1. Data Protection: PDPA compliance requirements and data handling procedures when personal data will be collected or processed

2. Non-Compete: Restrictions on fundraising for competitors, typically used for exclusive fundraising arrangements

3. Insurance: Insurance requirements and coverage provisions for situations involving significant risks or public events

4. Intellectual Property: Usage rights for branding and materials when branded materials or proprietary content will be used

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term agreements or high-value fundraising

Suggested Schedules

1. Commission Rate Schedule: Detailed breakdown of commission rates for different types of fundraising activities

2. Fundraising Territory: Geographic areas where fundraising activities are permitted

3. Compliance Checklist: List of regulatory requirements and compliance procedures

4. Approved Fundraising Methods: Detailed description of permitted fundraising techniques and approaches

5. Reporting Templates: Standard forms for activity reporting and commission calculations

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 legal definitions
Industries

Charities Act 1994: Primary legislation governing charitable fundraising activities in Singapore, including registration requirements and regulatory compliance for charitable organizations

Securities and Futures Act: Regulates fundraising activities involving investment products or securities, including licensing requirements and investor protection measures

Companies Act: Governs corporate fundraising activities and general company regulations in Singapore

Employment Act: Relevant if the fundraiser's status could be considered as an employee, defining basic employment terms and conditions

Central Provident Fund Act: Mandatory if the fundraiser is considered an employee, regarding social security savings and contributions

Income Tax Act: Governs the taxation of commission-based income and related reporting requirements

House to House and Street Collections Act: Regulates physical fundraising activities conducted door-to-door or in public places

Online & Remote Gambling Act: Relevant for online fundraising activities, particularly those involving gaming elements

Gambling Control Act: Applies to fundraising events that incorporate gaming or lottery elements

Personal Data Protection Act 2012: Governs the collection, use, and disclosure of personal data in fundraising activities

Spam Control Act: Regulates electronic communications in fundraising campaigns and marketing efforts

Consumer Protection (Fair Trading) Act: Ensures fair trading practices and protects donors/investors from unfair practices

Multi-Level Marketing and Pyramid Selling (Prohibition) Act: Prevents fundraising schemes that could be considered pyramid selling or illegal MLM structures

MAS Guidelines: Monetary Authority of Singapore's regulatory guidelines for financial-related fundraising activities

AML/CFT Requirements: Anti-Money Laundering and Countering the Financing of Terrorism requirements for financial transactions in fundraising

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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