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Finder's Fee Commission Agreement Template for United States

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Key Requirements PROMPT example:

Finder's Fee Commission Agreement

"I need a Finder's Fee Commission Agreement for our tech startup to engage independent consultants who will introduce potential investors, offering a 5% commission on successfully raised capital with a 12-month tail period starting March 2025."

Document background
The Finder's Fee Commission Agreement is essential when businesses seek to formalize arrangements with individuals or entities who can identify and introduce valuable business opportunities. This document, structured under U.S. law, defines the finder's role, compensation structure, and compliance requirements while protecting both parties' interests. It's particularly important to distinguish the finder's limited role from that of a broker-dealer to ensure regulatory compliance. The agreement typically includes specific performance metrics, payment conditions, and duration terms while addressing relevant federal and state regulatory requirements.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses

2. Background/Recitals: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of finder's duties and limitations

5. Commission Structure: Details of fee calculation, payment terms, and conditions for earning commission

6. Payment Terms: Timeline and method of payment, including any conditions precedent

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

8. Representations and Warranties: Basic assurances from both parties regarding authority and compliance

Optional Sections

1. Exclusivity: Terms defining whether the finder has exclusive or non-exclusive rights to introduce potential clients

2. Tail Period: Provisions for commission eligibility after agreement termination for introductions made during the term

3. Regulatory Compliance: Specific compliance requirements and obligations under applicable securities and business laws

4. Dispute Resolution: Procedures for resolving disputes through arbitration or mediation

Suggested Schedules

1. Commission Schedule: Detailed breakdown of commission rates, tiers, and calculation methods

2. Target Client List: List of potential clients or industries that fall within the scope of the agreement

3. Compliance Requirements: Detailed regulatory requirements and compliance procedures

4. Form of Introduction Letter: Template for formal introductions to potential clients

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

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Industries

Federal Securities Laws: Securities Exchange Act of 1934, Securities Act of 1933, broker-dealer registration requirements, and SEC regulations regarding finder activities. Critical for determining scope of permissible finder activities.

State Securities Laws (Blue Sky Laws): State-specific registration requirements, finder regulations, and varying requirements across different states where the agreement may be implemented.

State Business and Commercial Laws: Contract formation requirements, Statute of Frauds requirements, and state-specific requirements for commission agreements that affect enforceability.

Licensing Requirements: Requirements for real estate broker licensing, business broker licensing, and securities broker-dealer licensing depending on the nature of finder services.

Employment Laws: Regulations concerning independent contractor vs. employee classification, tax implications, and labor law compliance for the finder relationship.

Anti-Fraud Regulations: Requirements for disclosure, transparency in compensation, and prohibitions against deceptive practices in finder relationships.

Industry-Specific Regulations: Specific regulations based on industry (real estate, securities, etc.), including disclosure requirements and compensation limitations.

Tax Laws: IRS regulations on commission reporting, Form 1099 requirements, and state tax implications for finder's fee arrangements.

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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