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Private Equity Finder's Fee Agreement Template for Australia

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Key Requirements PROMPT example:

Private Equity Finder's Fee Agreement

"I need a Private Equity Finder's Fee Agreement under Australian law for my corporate advisory firm, with a 2% success fee structure and specific provisions for cross-border transactions in the Asia-Pacific region."

Document background
The Private Equity Finder's Fee Agreement is a crucial document used in the Australian private equity and investment landscape when engaging intermediaries to source investment opportunities or investors. This agreement is essential for establishing clear terms of engagement between parties and ensuring compliance with Australian financial services regulations. It typically includes detailed provisions on fee structures, success criteria, payment terms, and regulatory compliance requirements. The document is particularly important in the context of Australian financial services laws, which require careful consideration of licensing requirements and permitted activities under the Corporations Act 2001 (Cth). This agreement helps protect all parties by clearly defining the scope of services, avoiding future disputes, and ensuring transparency in financial arrangements while maintaining compliance with Australian regulatory requirements.
Suggested Sections

1. Parties: Identification of the finder and the client company, including full legal names and addresses

2. Background: Context of the agreement, including the client's desire to identify potential investors and the finder's capability to provide such services

3. Definitions: Key terms used throughout the agreement, including 'Qualified Investor', 'Investment', 'Success Fee', and 'Introduction'

4. Appointment and Scope of Services: Details of the finder's appointment, specific services to be provided, and any territorial or sector limitations

5. Exclusivity: Whether the finder has exclusive or non-exclusive rights to introduce potential investors

6. Fee Structure: Detailed description of all fees, including success fees, calculation methods, and payment terms

7. Payment Terms: Timing of payments, method of payment, and handling of expenses

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Representations and Warranties: Each party's assurances, including regulatory compliance and capacity to perform

10. Confidentiality: Obligations regarding confidential information and its protection

11. Regulatory Compliance: Acknowledgments and obligations regarding relevant financial services laws and regulations

12. Limitation of Liability: Scope of the finder's liability and any limitations or caps

13. General Provisions: Standard clauses including governing law, notices, assignment, and entire agreement

Optional Sections

1. Tail Period: Defines the period after termination during which the finder remains entitled to fees - include when there's potential for delayed investments

2. Non-Circumvention: Prevents direct dealings between the client and introduced parties to avoid fee payment - include in higher-risk situations

3. Due Diligence Support: Optional provisions for the finder's role in due diligence processes - include if finder will be involved in deal execution

4. Marketing Materials: Provisions regarding the preparation and approval of materials used to present opportunities - include if finder will create marketing materials

5. Non-Solicitation: Prevents parties from hiring each other's employees - include in longer-term arrangements

6. Force Majeure: Provisions for unforeseen circumstances preventing performance - include in longer-term arrangements

Suggested Schedules

1. Schedule 1 - Fee Calculation: Detailed methodology for calculating success fees, including examples and specific scenarios

2. Schedule 2 - Approved Introduction List: List of pre-approved potential investors or targets that would qualify for fees

3. Schedule 3 - Excluded Parties: List of investors or parties excluded from the fee arrangement

4. Schedule 4 - Required Disclosures: Mandatory regulatory disclosures and disclaimers

5. Schedule 5 - Services Description: Detailed description of specific services to be provided by the finder

6. Appendix A - Reporting Template: Standard format for reporting introductions and tracking potential investments

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























Clauses






























Relevant Industries

Financial Services

Private Equity

Investment Banking

Professional Services

Corporate Advisory

Venture Capital

Investment Management

Business Consulting

Mergers & Acquisitions

Corporate Finance

Relevant Teams

Legal

Finance

Corporate Development

Investment

Compliance

Business Development

Deal Origination

Corporate Finance

Executive Management

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Counsel

Legal Counsel

Investment Director

Private Equity Partner

Corporate Development Manager

Business Development Director

Investment Manager

Deal Origination Manager

Compliance Officer

Finance Director

Managing Director

Investment Associate

Corporate Finance 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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