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Financial Consulting Engagement Letter Template for United States

A Financial Consulting Engagement Letter is a formal document used in the United States that establishes the professional relationship between a financial consultant and their client. It outlines the scope of services, fees, responsibilities, and terms of the engagement while ensuring compliance with federal and state regulations, including SEC requirements where applicable. The document serves as a legally binding agreement that protects both parties and clearly defines expectations and deliverables.

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What is a Financial Consulting Engagement Letter?

The Financial Consulting Engagement Letter is a critical document used when establishing a professional financial advisory relationship. It serves as both a legal protection and a clear communication tool, detailing the scope of work, fee structure, and terms of service. In the United States, these letters must comply with various regulatory requirements, including SEC regulations, state-specific financial advisory laws, and professional standards. The document typically includes specific provisions for confidentiality, liability limitations, and regulatory disclosures, making it essential for both the consultant and client to clearly understand their rights and obligations.

What sections should be included in a Financial Consulting Engagement Letter?

1. Parties and Contact Information: Identification of consultant and client, including full legal names and addresses

2. Scope of Services: Detailed description of financial consulting services to be provided, including specific deliverables and responsibilities

3. Fee Structure and Payment Terms: Comprehensive details about compensation, billing rates, payment schedules, and expense reimbursement policies

4. Term and Timeline: Duration of engagement, key milestone dates, and project timeline

5. Confidentiality Obligations: Terms regarding protection of client information, data security requirements, and non-disclosure provisions

6. Professional Standards Compliance: Commitment to follow applicable professional standards, regulatory requirements, and industry best practices

What sections are optional to include in a Financial Consulting Engagement Letter?

1. Investment Adviser Disclosures: Required regulatory disclosures when providing investment advice services under the Investment Advisers Act

2. Conflict of Interest Disclosure: Declaration of potential conflicts and procedures for handling them

3. ERISA Fiduciary Status: Acknowledgment of fiduciary responsibilities and obligations under ERISA regulations

What schedules should be included in a Financial Consulting Engagement Letter?

1. Schedule A - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

2. Schedule B - Form ADV: SEC registration document for investment advisers including required disclosures

3. Schedule C - Professional Qualifications: Documentation of credentials, certifications, and qualifications of key team members

4. Schedule D - Service Level Agreement: Detailed performance metrics, service standards, and response times

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Ƶ

Document Type

Advisor Agreement

Cost

Free to use

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