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Advisory Agreement
I need an advisory agreement for a consultant who will provide strategic business advice on a project basis, with a focus on market expansion in the GCC region. The agreement should include a clear scope of work, confidentiality clauses, and a flexible payment structure based on deliverables, with a termination notice period of 30 days.
What is an Advisory Agreement?
An Advisory Agreement outlines the professional relationship between an advisor and their client in the UAE, setting clear terms for consulting or expert guidance services. These contracts are especially common in Dubai's financial sector, where advisors help businesses navigate market opportunities, regulatory compliance, and strategic decisions.
Under UAE commercial law, these agreements must specify key elements like service scope, compensation terms, confidentiality obligations, and the advisor's fiduciary duties. They protect both parties by clearly defining expectations, timelines, and deliverables while ensuring compliance with local regulatory requirements, particularly those set by authorities like the Dubai Financial Services Authority (DFSA).
When should you use an Advisory Agreement?
Consider implementing an Advisory Agreement when seeking professional guidance for business expansion, investment decisions, or strategic planning in the UAE. This agreement becomes essential before engaging financial advisors, management consultants, or industry experts who will shape crucial business decisions or handle sensitive company information.
The timing is particularly critical in regulated sectors like financial services, real estate, or healthcare in Dubai and Abu Dhabi. For example, when entering new markets, planning mergers, or restructuring operations, having this agreement in place protects confidential information and establishes clear expectations for deliverables and compensation before sharing sensitive business details.
What are the different types of Advisory Agreement?
- Advisory Board Agreement: Structures formal relationships with multiple advisors serving on a company board, common in UAE corporate governance
- Startup Advisor Agreement: Tailored for early-stage companies, often including equity compensation and milestone-based terms
- Advisory Engagement Letter: Lighter format for short-term or project-specific consulting arrangements
- Investment Consulting Agreement: Specialized for financial advisors managing investment strategies, common in Dubai's financial sector
Who should typically use an Advisory Agreement?
- Business Owners & CEOs: Seek strategic guidance and expertise for their UAE companies, particularly in free zones and mainland operations
- Professional Advisors: Consultants, industry experts, and strategic specialists who provide guidance on business operations or market entry
- Investment Firms: Financial advisors and wealth management companies operating under DFSA regulations in Dubai's financial district
- Legal Teams: Draft and review agreements to ensure compliance with UAE commercial laws and regulatory requirements
- Startup Founders: Engage mentors and industry veterans for guidance during critical growth phases in UAE's entrepreneurial ecosystem
How do you write an Advisory Agreement?
- Scope Definition: Clearly outline advisory services, deliverables, and expected outcomes aligned with UAE business practices
- Party Details: Gather complete information about advisor qualifications, company registration, and relevant licenses in UAE free zones or mainland
- Compensation Structure: Define payment terms, including fees, expenses, and any performance-based incentives in local currency
- Timeline Planning: Set specific milestones, delivery dates, and contract duration according to UAE business calendar
- Compliance Check: Review relevant DFSA regulations and UAE commercial laws affecting advisory relationships
- Document Generation: Use our platform to create a legally-sound agreement that includes all mandatory elements for UAE enforcement
What should be included in an Advisory Agreement?
- Party Identification: Full legal names, trade licenses, and UAE business addresses of advisor and client
- Service Scope: Detailed description of advisory services, deliverables, and performance metrics
- Compensation Terms: Fee structure, payment schedule, and currency specifications compliant with UAE banking regulations
- Confidentiality Provisions: Data protection measures aligned with UAE privacy laws and DIFC requirements
- Duration & Termination: Clear contract period, renewal terms, and conditions for early termination
- Governing Law: Explicit reference to UAE law jurisdiction and dispute resolution mechanisms
- Signature Block: Proper execution format for UAE legal entities, including authorized signatory details
What's the difference between an Advisory Agreement and an Agency Agreement?
While both documents govern professional relationships, an Advisory Agreement differs significantly from an Agency Agreement in several key aspects under UAE law. Let's explore the main distinctions between these commonly confused documents:
- Scope of Authority: Advisory Agreements limit the advisor's role to providing guidance and recommendations, while an Agency Agreement grants the agent power to act on behalf of the principal and bind them legally
- Legal Liability: Advisors typically bear responsibility only for the quality of their advice, while agents assume direct liability for actions taken on behalf of the principal
- Regulatory Requirements: Agency Agreements often require specific UAE commercial agency registrations and compliance with Federal Law No. 18, while Advisory Agreements focus on professional qualifications and industry-specific regulations
- Compensation Structure: Advisory fees are usually structured as retainers or project-based payments, whereas agency relationships often involve commissions or success-based compensation models
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