A Finder is a middleman. He simply finds and introduces two interested parties, bringing them together for a business transaction such as a joint venture or the sale of a business. They themselves negotiate an agreement and consummate the deal without the Finder’s input. Finders are extremely useful for, say, a busy Atlanta playground salesman who simply does not have the time to develop leads.
The Finder would develop his own list of contacts and try to interest them in the product. If they are sufficiently intrigued, he would then make the introduction so that the salesman could make the actual sale.
This constitutes a valuable service that is recognized in law.
Tip: Past legal cases have found that payment is also owed when the Finder triggers a chain of introductions that culminate in a sale or partnership, so clients should be wary of attempting to circumvent the service performed by the Finder.
A Finder’s Agreement, also known as a Finder’s Fee Agreement, should define the terms under which the finder operates, such as limits on their ability to represent the company or make promises on its behalf.
Read carefully through FastDue’s free interactive Finder’s Agreement template, clicking on any clause that you wish to alter or delete.
Tip: FastDue’s free messaging system allows you to message back and forth with the other party until you have reached a mutually satisfactory agreement.
Sign and send. Remember that the agreement is not complete until both parties have signed.
The Electronic Signatures in Global and National Commerce Act, or E-SIGN, was signed into law in 2000 and provides a consistent legal basis for the validity of electronic signatures in all states, including those such as Georgia and Illinois that had not already enacted UETA, or the Uniform Electronic Transactions Act.
An electronic signature can be as simple as typing your name into the signature space and preserving the accompanying electronic paper trail. More complex (and therefore more secure) forms include iris or fingerprint scans and encrypted digital signatures that use Public Key Infrastructure (PKI) such as VeriSign.
Electronic signatures are valid for a wide range of applications; they are not, however, valid for wills, court orders and other court documents. It is always smart to keep a back-up paper copy, and if you have any concerns at all about using an electronic signature it is a good idea to use FastDue’s free interactive template and messaging system to thrash out the details of an agreement; then print out the final result and sign in the traditional fashion.