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Advisory Agreement
I need an advisory agreement for a consultant providing strategic business advice on a project basis, with a focus on digital transformation. The agreement should include confidentiality clauses, a clear scope of work, and a flexible payment structure based on project milestones.
What is an Advisory Agreement?
An Advisory Agreement outlines the professional relationship between an advisor and their client in Belgium, spelling out how the advisor will provide guidance, expertise, or consulting services. These contracts typically cover financial, business, or technical advisory services and must comply with Belgian civil law and specific industry regulations.
The agreement sets clear expectations by detailing the scope of services, fees, confidentiality requirements, and the advisor's responsibilities. For Belgian businesses, it serves as a vital legal safeguard that protects both parties' interests and ensures compliance with local professional services regulations, particularly those governed by the Financial Services and Markets Authority (FSMA).
When should you use an Advisory Agreement?
Consider putting an Advisory Agreement in place when bringing in external experts to guide your Belgian company's strategic decisions, especially for financial planning, market entry, or technological transformation projects. This agreement becomes essential once you start discussing confidential business details or when the advisor's recommendations could significantly impact your operations.
The timing is particularly critical for regulated sectors in Belgium, such as financial services or healthcare, where advisor relationships must meet strict compliance standards. Having this agreement ready before sharing sensitive information or beginning strategic consultations protects both parties and establishes clear professional boundaries from day one.
What are the different types of Advisory Agreement?
- Startup Advisor Agreement: Tailored for early-stage Belgian companies, focusing on equity compensation, milestone-based deliverables, and specific startup growth needs. These agreements often include vesting schedules, IP protection clauses, and flexibility for scaling advisory relationships as the company grows. Standard advisory agreements can also be adapted for financial consulting, board advisory roles, or technical consulting, with variations in compensation structure, service scope, and reporting requirements matching each specific advisory relationship.
Who should typically use an Advisory Agreement?
- Advisory Firms: Professional service providers who create and sign Advisory Agreements, including management consultants, financial advisors, and strategy specialists registered in Belgium.
- Corporate Clients: Belgian companies seeking external expertise, from startups to established enterprises, who engage advisors for specific projects or ongoing guidance.
- Legal Counsel: Internal or external lawyers who review and customize these agreements to ensure compliance with Belgian law and protect their client's interests.
- Board Members: Directors who approve significant advisory relationships and oversee the implementation of advice received.
- Compliance Officers: Internal staff who monitor adherence to the agreement terms and relevant regulatory requirements.
How do you write an Advisory Agreement?
- Advisor Details: Gather full contact information, professional qualifications, and registration numbers for both the advisor and their firm.
- Service Scope: Define specific deliverables, timelines, and performance metrics for the advisory relationship.
- Fee Structure: Document all compensation details, including hourly rates, retainers, or success fees in compliance with Belgian tax regulations.
- Confidentiality Terms: List exactly what information needs protection and how it will be handled.
- Duration and Exit: Specify the agreement's term, renewal conditions, and termination procedures.
- Document Generation: Use our platform to create a legally-sound Advisory Agreement that includes all required elements under Belgian law.
What should be included in an Advisory Agreement?
- Party Identification: Full legal names, addresses, and registration numbers of both advisor and client, including VAT numbers.
- Service Description: Detailed scope of advisory services, deliverables, and performance standards.
- Compensation Terms: Clear fee structure, payment schedule, and expense reimbursement policies.
- Confidentiality Provisions: GDPR-compliant data handling and business secret protection clauses.
- Duration & Termination: Agreement period, renewal options, and exit conditions.
- Liability Framework: Professional responsibility limits and insurance requirements under Belgian law.
- Dispute Resolution: Choice of Belgian jurisdiction and applicable conflict resolution procedures.
What's the difference between an Advisory Agreement and an Agency Agreement?
An Advisory Agreement differs significantly from an Agency Agreement in several key aspects under Belgian law. While both involve professional services, their scope, authority levels, and legal implications vary considerably.
- Legal Authority: Agency Agreements grant the agent power to act on behalf of and bind the principal in transactions with third parties. Advisory Agreements only allow for providing recommendations, with no direct decision-making authority.
- Responsibility Scope: Advisors provide expertise and guidance but aren't responsible for executing decisions. Agents actively represent their principals in business dealings and bear more direct liability.
- Regulatory Framework: Agency relationships in Belgium fall under specific commercial agency laws with mandatory protections for agents. Advisory relationships have more flexibility in their terms and fewer statutory requirements.
- Compensation Structure: Agents typically earn commissions on transactions they facilitate. Advisors usually receive fixed fees, retainers, or project-based compensation.
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