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Mergers And Acquisitions

Finder's Fee Agreement

Drafting finder's fee agreements manually requires extensive research across multiple legal resources, verification of compliance requirements, and careful structuring of compensation terms. Attorneys spend hours searching for state-specific regulations, broker licensing requirements, and standard industry practices while ensuring all necessary protections are included.

Automation ROI

Time savings at a glance

Manual workflow4.5 hoursAverage time your team spends by hand
With CaseMark12 minutesDelivery time with CaseMark automation
EfficiencySave 17.5x time with CaseMark

The Problem

Finder's fee agreements require careful navigation of securities regulations, broker-dealer compliance, and complex compensation structures. Attorneys spend hours researching SEC requirements, drafting tail period provisions, and ensuring the agreement doesn't inadvertently create licensing obligations. Mistakes can expose clients to regulatory violations or fee disputes.

The CaseMark Solution

CaseMark generates comprehensive, SEC-compliant finder's fee agreements tailored to your transaction context. Our AI analyzes your uploaded documents to extract party details, opportunity criteria, and compensation terms, then drafts sophisticated agreements with proper regulatory safeguards, clear fee triggers, and enforceable tail provisions.

Key benefits

How CaseMark automations transform your workflow

Reduce drafting time from 3+ hours to under 15 minutes with intelligent automation

Automated research and citation of relevant legal requirements from SEC, IRS, and state bar resources

Built-in compliance checks for broker licensing, anti-bribery laws, and fee structure regulations

Customized compensation terms with industry-standard percentages and payment triggers

Comprehensive confidentiality and representation clauses tailored to your transaction

What you'll receive

Parties
Recitals/Introduction
Services
Compensation
Term and Termination
Confidentiality
Representations and Warranties
Governing Law and Dispute Resolution
Miscellaneous
Signatures

Document requirements

Required

  • Party Information

Optional

  • Prior Agreements or Term Sheets
  • Target Opportunity Criteria
  • Compliance Documentation

Perfect for

Corporate M&A attorneys structuring finder relationships
Business development executives engaging independent finders
Private equity professionals seeking deal flow sources
Corporate counsel ensuring broker-dealer compliance
Independent business consultants formalizing introduction arrangements

Also useful for

This workflow is applicable across multiple practice areas and use cases

Private equity and VC firms regularly engage finders to source deal flow and investment opportunities, requiring compliant agreements that address broker-dealer regulations and success-based compensation.

The workflow directly targets private equity professionals and addresses the critical need for compliant finder arrangements in sourcing portfolio companies and investment opportunities, which is core to PE/VC practice.

Corporate Finance85% relevant

Corporate finance attorneys use finder's fee agreements when engaging intermediaries to source capital raises, debt financing, or strategic investors for their clients.

Finder's fee agreements are essential in corporate finance transactions where independent consultants or brokers introduce financing opportunities, requiring the same broker-dealer compliance and compensation structure considerations.

Securities attorneys must ensure finder's fee arrangements comply with broker-dealer registration requirements and SEC regulations when intermediaries facilitate securities transactions or capital raises.

The workflow's emphasis on broker-dealer compliance, SEC requirements, and regulatory checks makes it highly relevant for securities lawyers navigating the complex regulatory landscape of finder arrangements.

Asset Purchase75% relevant

Asset purchase transactions often involve finders who introduce buyers to sellers of business assets, requiring properly structured fee agreements with appropriate compliance safeguards.

Asset purchase deals frequently utilize finders for business introductions, and the workflow's transaction-focused compensation structures and compliance features apply directly to these arrangements.

Corporate General70% relevant

General corporate counsel use finder's fee agreements across various business development activities including strategic partnerships, joint ventures, and commercial opportunities beyond traditional M&A.

Corporate attorneys regularly need to formalize finder relationships for diverse business opportunities, and the workflow's flexible structure and compliance features serve broader corporate needs beyond M&A transactions.

Frequently asked questions

Q

How does this ensure my finder's fee agreement complies with SEC broker-dealer regulations?

A

CaseMark includes specific language limiting the finder's role to introductions and background information only, explicitly excluding negotiation, transaction structuring, and investment advice that would trigger broker-dealer registration. The agreement incorporates representations confirming compliance with the Securities Exchange Act of 1934 and includes safeguards against transaction-based compensation structures that require SEC registration. You can also add representations that the finder maintains necessary licenses if applicable to your situation.

Q

What is a tail period and how long should it be in my finder's fee agreement?

A

A tail period ensures the finder receives compensation for introductions made during the active agreement term that result in transactions after termination. CaseMark tailors tail periods to your industry context, typically ranging from 6 months for straightforward customer introductions to 18-24 months for complex M&A transactions. The agreement clearly defines what constitutes a qualifying introduction and whether fees apply to all transactions with introduced parties or only specific identified opportunities.

Q

Can I use this for different types of finder arrangements like M&A, customer introductions, or investor connections?

A

Yes, CaseMark customizes the agreement based on your specific transaction context. For M&A finders, it includes Lehman formula structures and provisions for earnouts and purchase price adjustments. For customer introductions, it addresses recurring revenue and lifetime value calculations. For capital raises, it incorporates enhanced securities law compliance provisions. Simply provide details about your opportunity type and the AI adapts the compensation structure, regulatory provisions, and tail periods accordingly.

Q

How does the agreement calculate finder's fees to avoid payment disputes?

A

CaseMark drafts mathematically precise compensation provisions specifying the exact calculation methodology, whether percentage-based on transaction value, flat fees, or tiered structures. The agreement defines the triggering event with specificity (execution of definitive agreement, closing, or payment receipt), establishes payment timelines, and addresses complications like restructured transactions, multiple related deals, or deferred consideration. This eliminates ambiguity about when fees are earned and how they're calculated.

Q

What happens if multiple finders claim credit for the same introduction?

A

The agreement includes provisions requiring documented presentation of opportunities with sufficient identifying information to establish who made the qualifying introduction first. CaseMark defines what constitutes a valid introduction during the term, establishes documentation requirements, and creates a clear record of introduction activity. The agreement also addresses how fees will be allocated if multiple parties legitimately contributed to an opportunity, protecting both the client and finder from duplicate payment claims.