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Advisory Agreement
I need an advisory agreement for a consultant who will provide strategic business advice on a part-time basis, with a focus on market expansion strategies. The agreement should include a confidentiality clause, a monthly retainer fee, and a termination notice period of 30 days.
What is an Advisory Agreement?
An Advisory Agreement sets out the terms when someone hires a professional advisor to provide expert guidance, commonly used in Irish financial services, business consulting, and corporate governance. It spells out what advice the advisor will give, how they'll deliver it, and what they'll charge for their expertise.
Under Irish financial regulations, these agreements must clearly outline the advisor's duties, any conflicts of interest, and fee structures. They're especially important for regulated activities like investment advice, where the Central Bank of Ireland requires specific disclosures and client protections. Good agreements protect both parties by setting clear expectations about confidentiality, liability limits, and the scope of services.
When should you use an Advisory Agreement?
Advisory Agreements become essential when bringing in outside expertise for your business in Ireland, especially for financial advice, strategic planning, or specialized consulting. They're particularly vital when engaging investment advisors regulated by the Central Bank of Ireland, or when seeking guidance on complex business decisions that carry significant financial implications.
Use these agreements before starting any advisory relationship that involves sensitive information, substantial fees, or regulatory oversight. For Irish businesses, they're crucial when scaling operations, planning acquisitions, or restructuring鈥攕ituations where clear boundaries around advice, liability, and confidentiality protect everyone involved. Many regulated sectors require formal Advisory Agreements to maintain compliance and demonstrate proper governance.
What are the different types of Advisory Agreement?
- Advisory Services Agreement: Standard comprehensive agreement for ongoing professional advice and consulting services
- Sub Advisor Agreement: Used when primary advisors delegate specialized tasks to other experts
- Agreement Between Consultant And Company: Focused on project-specific consulting arrangements with defined deliverables
- Board Of Advisor Agreement: Specifically for engaging advisory board members who provide strategic guidance
- Advisory Services Contract: More formal version with additional regulatory compliance elements for regulated sectors
Who should typically use an Advisory Agreement?
- Business Owners and Executives: Seek expert guidance on strategy, operations, or finance while protecting company interests
- Professional Advisors: Financial consultants, strategy experts, and industry specialists who provide the advisory services
- Corporate Legal Teams: Draft and review Advisory Agreements to ensure compliance with Irish regulations
- Board Members: Oversee and approve significant advisory relationships, especially for regulated activities
- Compliance Officers: Monitor adherence to Central Bank of Ireland requirements and internal governance policies
- Company Secretaries: Maintain records and ensure proper execution of advisory relationships
How do you write an Advisory Agreement?
- Scope Definition: Document precise advisory services, delivery timeline, and expected outcomes
- Party Details: Gather full legal names, addresses, and registration numbers of all involved parties
- Fee Structure: Detail payment terms, rates, expenses, and invoicing schedules
- Service Parameters: List specific deliverables, reporting requirements, and performance metrics
- Regulatory Requirements: Check Central Bank of Ireland guidelines if offering regulated services
- Confidentiality Terms: Define what information needs protection and how it will be handled
- Duration and Exit: Specify agreement length, renewal options, and termination conditions
What should be included in an Advisory Agreement?
- Parties and Capacity: Full legal names, addresses, and authority to contract
- Services Description: Detailed scope of advisory services and deliverables
- Payment Terms: Fee structure, payment schedule, and expense policies
- Duration and Termination: Contract period, renewal options, and exit conditions
- Confidentiality Provisions: Data protection measures compliant with GDPR
- Liability Limitations: Professional indemnity and risk allocation clauses
- Regulatory Compliance: Central Bank of Ireland requirements for regulated services
- Governing Law: Irish law jurisdiction and dispute 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, though both involve professional services. While Advisory Agreements focus on providing guidance and recommendations, Agency Agreements create a relationship where one party can act on behalf of another.
- Authority Level: Advisory Agreements only grant power to provide advice, while Agency Agreements allow agents to make binding decisions and enter contracts on behalf of the principal
- Liability Scope: Advisors typically face limited liability for recommendations, while agents bear greater responsibility for their actions representing the principal
- Regulatory Requirements: Advisory Agreements often need specific Central Bank of Ireland compliance elements for financial services, whereas Agency Agreements focus more on commercial law principles
- Duration Structure: Advisory relationships are often project-based or periodic, while agency relationships typically involve ongoing operational authority
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