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Finder's Fee Agreement Generator for Hong Kong

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Finder's Fee Agreement

I need a finder's fee agreement for a consultant who will introduce potential investors to our company. The agreement should specify a 5% commission on successful investments, outline the conditions for payment, and include a confidentiality clause to protect sensitive information.

What is a Finder's Fee Agreement?

A Finder's Fee Agreement spells out how someone gets paid for connecting buyers and sellers or helping businesses find opportunities. Common in Hong Kong's finance and real estate sectors, it sets clear terms for the reward you'll receive when successfully introducing parties who end up doing business together.

Under Hong Kong law, these agreements must specify the fee structure, payment timing, and any conditions that need to be met before payment is due. They're especially important for protecting both parties when large transactions are involved, like property deals or corporate mergers, and help prevent disputes about who deserves credit for making the connection.

When should you use a Finder's Fee Agreement?

Use a Finder's Fee Agreement when connecting parties in high-value transactions, especially in Hong Kong's dynamic real estate and financial markets. It's essential any time you're bringing together buyers and sellers, helping source investment opportunities, or facilitating business partnerships where you expect compensation for your introduction.

This agreement becomes particularly important before making introductions that could lead to significant deals. Having it in place protects your right to compensation and clearly defines your role as an intermediary. For regulated industries in Hong Kong, like securities or insurance, it helps demonstrate compliance with referral fee regulations and prevents misunderstandings about commission structures.

What are the different types of Finder's Fee Agreement?

  • Flat-Rate Agreements: Set a fixed payment for successful introductions, common in property deals and straightforward transactions
  • Percentage-Based Agreements: Calculate fees as a portion of the final deal value, typically used in larger mergers and acquisitions
  • Multi-Party Agreements: Structure compensation when multiple intermediaries are involved, often seen in complex international deals
  • Industry-Specific Agreements: Tailored for sectors like securities or real estate, incorporating relevant regulatory requirements and payment structures
  • Time-Limited Agreements: Define specific periods during which the finder can claim compensation for successful introductions

Who should typically use a Finder's Fee Agreement?

  • Business Intermediaries: Professionals who connect buyers with sellers, including business brokers and deal sourcers
  • Real Estate Agents: Property consultants seeking commission for introducing potential buyers to property owners
  • Investment Advisors: Financial professionals who help connect investors with investment opportunities
  • Corporate Lawyers: Draft and review agreements to ensure compliance with Hong Kong regulations and protect client interests
  • Business Owners: Both those seeking connections and those willing to pay for valuable introductions
  • Compliance Officers: Ensure agreements meet regulatory requirements, especially in financial services

How do you write a Finder's Fee Agreement?

  • Party Details: Gather full legal names, contact information, and business registration details of all involved parties
  • Fee Structure: Define exact payment terms, including amounts or percentages, and any performance conditions
  • Service Scope: Clearly outline what constitutes a successful introduction and the specific services covered
  • Payment Timeline: Specify when and how payments will be made after successful introductions
  • Regulatory Check: Confirm compliance with Hong Kong's referral fee regulations in your industry
  • Duration Terms: Set clear start and end dates for the agreement's validity
  • Exclusivity Terms: Decide if the finder has exclusive rights to make introductions

What should be included in a Finder's Fee Agreement?

  • Party Identification: Full legal names and addresses of the finder and the client
  • Service Definition: Precise description of the introduction or referral services to be provided
  • Compensation Terms: Detailed fee structure, payment conditions, and timing
  • Success Criteria: Clear definition of what constitutes a successful introduction
  • Duration Clause: Agreement start date and termination conditions
  • Confidentiality Terms: Protection of sensitive business information
  • Governing Law: Explicit statement that Hong Kong law applies
  • Dispute Resolution: Process for handling disagreements under Hong Kong jurisdiction

What's the difference between a Finder's Fee Agreement and an Agency Agreement?

A Finder's Fee Agreement differs significantly from a Agency Agreement in several key aspects, though both involve intermediary relationships. Understanding these differences is crucial for Hong Kong businesses to choose the right agreement for their situation.

  • Scope of Authority: Finder's Fee Agreements only cover introducing parties, while Agency Agreements grant broader powers to negotiate and act on behalf of the principal
  • Legal Obligations: Agents have fiduciary duties and ongoing responsibilities; finders simply make introductions with no obligation to facilitate the deal
  • Payment Structure: Finder's fees are typically one-time payments for successful introductions, whereas agency agreements often involve ongoing commissions or regular fees
  • Regulatory Requirements: Agency relationships in Hong Kong face stricter regulatory oversight, especially in regulated industries like securities or real estate
  • Duration: Finder's agreements usually end after the introduction, while agency relationships tend to be ongoing

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