The Finder's Agreement is a crucial document used in Malaysian business contexts when a company or individual (the principal) seeks to engage someone to identify and introduce specific business opportunities, potential investors, or strategic partners. This document establishes the legal framework for the relationship, defining what constitutes a qualified introduction, the finder's fee structure, and the conditions under which compensation becomes payable. It's particularly important in Malaysia's dynamic business environment where cross-border transactions are common and regulatory compliance is essential. The agreement needs to comply with Malaysian law, including the Contracts Act 1950 and, where applicable, financial services regulations. It typically includes detailed provisions on confidentiality, non-circumvention, and the duration of the finder's rights to compensation.
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1. Parties: Identifies and provides full details of the principal and the finder, including registration numbers for companies
2. Background: Sets out the context of the agreement, including the principal's business and their need for the finder's services
3. Definitions: Defines key terms used throughout the agreement, including 'Opportunity', 'Success Fee', 'Target', and 'Introduction'
4. Appointment and Scope: Defines the finder's appointment, services to be provided, and any territorial or sector limitations
5. Finder's Obligations: Details the specific duties and responsibilities of the finder
6. Principal's Obligations: Outlines the principal's responsibilities and cooperation requirements
7. Compensation: Details the fee structure, including success fees, payment terms, and conditions for fee eligibility
8. Term and Termination: Specifies the duration of the agreement and circumstances for termination
9. Confidentiality: Establishes obligations regarding confidential information handling
10. Representations and Warranties: Contains standard warranties about capacity to contract and compliance with laws
11. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and establishes jurisdiction for disputes
12. General Provisions: Contains standard boilerplate clauses including notices, amendments, and entire agreement
1. Exclusivity: Optional section defining whether the finder has exclusive rights for specific opportunities or territories
2. Tail Period: Defines post-termination period during which finder remains eligible for fees - include when dealing with longer-term opportunities
3. Compliance with Laws: Detailed section on regulatory compliance - include when finder's activities may touch on regulated sectors
4. Insurance: Requirements for professional indemnity insurance - include for higher-value opportunities
5. Non-Circumvention: Prevents principal from bypassing finder - include when finder has established network of contacts
6. Force Majeure: Addresses unforeseeable circumstances - include for longer-term arrangements
1. Schedule 1 - Fee Structure: Detailed breakdown of fee calculations, including examples and payment scenarios
2. Schedule 2 - Target Profile: Detailed description of the type of opportunity or target being sought
3. Schedule 3 - Excluded Opportunities: List of pre-existing relationships or opportunities excluded from the agreement
4. Appendix A - Introduction Report Template: Standard format for documenting introductions made by the finder
5. Appendix B - Compliance Requirements: Specific regulatory requirements and compliance procedures to be followed
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Finders Agreement
A Malaysian law-governed agreement establishing terms for business introduction services, including scope, compensation, and compliance requirements.
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