The Finder's Fee Contract is essential for businesses operating in Malta that seek to formalize arrangements with intermediaries who facilitate valuable business connections or opportunities. This document is particularly relevant in Malta's growing financial services, real estate, and commercial sectors, where business introductions are crucial for development and growth. The contract establishes clear parameters for earning and paying finder's fees, ensuring compliance with Maltese financial services regulations, commercial laws, and tax requirements. It protects both the principal and the finder by clearly defining the scope of services, success criteria, and payment terms, while incorporating necessary provisions under Maltese law regarding commercial intermediation and business relationships. The agreement is designed to prevent future disputes by clearly documenting all aspects of the finder's fee arrangement, including any exclusivity provisions, time limitations, and specific conditions for earning the fee.
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1. Parties: Identifies and defines the parties to the agreement - the Principal and the Finder
2. Background: Sets out the context of the agreement and the Principal's desire to engage the Finder
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Defines the Finder's appointment and the specific services to be provided
5. Finder's Obligations: Details the specific duties and responsibilities of the Finder
6. Principal's Obligations: Outlines the Principal's responsibilities and commitments
7. Fee Structure and Payment Terms: Details the finder's fee calculation method and payment conditions
8. Term and Termination: Specifies the duration of the agreement and termination provisions
9. Representations and Warranties: Contains standard representations and warranties from both parties
10. Limitation of Liability: Sets out the limits of the Finder's liability
11. Governing Law and Jurisdiction: Specifies Maltese law as governing law and establishes jurisdiction
1. Confidentiality: Required when the Finder will have access to confidential information
2. Non-Circumvention: Used when there's a risk of direct engagement between the Principal and introduced parties
3. Regulatory Compliance: Required when the services involve regulated activities or specific industry requirements
4. Data Protection: Needed when personal data will be processed as part of the services
5. Exclusivity: Optional clause for exclusive finder's rights in specific territories or sectors
6. Force Majeure: Optional clause for unforeseen circumstances preventing performance
7. Insurance: Required when specific insurance coverage is needed for the services
8. Assignment: Used when transfer of rights needs to be specifically addressed
1. Fee Schedule: Detailed breakdown of fee calculations and payment structures
2. Target Description: Specific description of the target business, investment, or opportunity being sought
3. Required Qualifications: List of any required licenses, permits, or qualifications for the Finder
4. Reporting Requirements: Templates and procedures for required reports and notifications
5. Compliance Checklist: List of regulatory requirements and compliance procedures
6. Approved Introduction Format: Template or format for making formal introductions
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