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Business Development Commission Agreement Template for Singapore

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Key Requirements PROMPT example:

Business Development Commission Agreement

"I need a Business Development Commission Agreement for my Singapore-based tech company, with a 5% commission structure for the first $1M in sales and 7% thereafter, including strict non-compete provisions for the APAC region starting from March 2025."

What is a Business Development Commission Agreement?

The Business Development Commission Agreement serves as a crucial legal framework for companies in Singapore seeking to engage external parties for business development services. This agreement is particularly relevant when organizations wish to expand their market presence through commission-based arrangements. The document addresses key aspects such as commission structures, performance targets, territorial rights, and compliance with Singapore's regulatory requirements. It's designed to protect both parties' interests while ensuring clarity in commercial relationships and alignment with local legal standards.

What sections should be included in a Business Development Commission Agreement?

1. Parties: Identification and details of contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

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

5. Commission Structure: Calculation and payment terms of commission

6. Obligations of Parties: Rights and responsibilities of each party

7. Term and Termination: Duration and termination provisions

8. Confidentiality: Protection of confidential information

9. Governing Law: Applicable law and jurisdiction

What sections are optional to include in a Business Development Commission Agreement?

1. Non-Compete: Restrictions on competitive activities - used when protecting business interests from competition

2. Intellectual Property: IP rights and ownership - used when IP is created or shared during business development

3. Force Majeure: Provisions for unforeseeable circumstances - used when long-term commitments are involved

4. Insurance: Insurance requirements - used when high-value transactions are involved

What schedules should be included in a Business Development Commission Agreement?

1. Commission Rate Schedule: Detailed breakdown of commission rates and calculations

2. Territory Schedule: Definition of geographical areas covered

3. Performance Metrics: Specific targets and KPIs

4. Product/Service Schedule: List of products/services covered by the agreement

5. Payment Terms Schedule: Detailed payment procedures and timelines

Authors

Alex Denne

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

Relevant legal definitions






























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Industries

Contract Law: Chapter 53A of Singapore Statutes - Governs formation and enforcement of contracts, essential for the basic structure and validity of the agreement

Employment Act: Chapter 91 - Important to distinguish business development commissioners from employees and ensure compliance with employment regulations if applicable

Competition Act: Chapter 50B - Ensures commission arrangements don't violate anti-competitive practices, particularly in territorial restrictions and market division

Civil Law Act: Chapter 43 - Provides framework for agency relationships and commercial contracts in Singapore

Companies Act: Chapter 50 - Governs corporate entities' operations and business relationships in Singapore

Business Names Registration Act: 2014 Act - Ensures proper registration and conduct of business activities

Consumer Protection Act: Fair Trading Act - Ensures business development activities comply with consumer protection regulations

Income Tax Act: Governs taxation of commission payments and business income

GST Act: Goods and Services Tax considerations for commission payments and services rendered

PDPA: Personal Data Protection Act 2012 - Regulates collection, use, and disclosure of personal data in business activities

Agency Law: Common law principles governing principal-agent relationships, crucial for commission-based agreements

Industry-Specific Regulations: Specific regulatory requirements that may apply depending on the industry sector (e.g., financial services, healthcare)

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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