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Advisor Agreement
"I need an advisor agreement for an investment consultant providing services for 12 months, with a monthly retainer of $5,000, performance bonus structure, and a 30-day termination notice period."
What is an Advisor Agreement?
An Advisor Agreement sets out the terms when companies bring on expert consultants or advisors in Saudi Arabia. It defines the advisor's role, compensation, and obligations while protecting both parties' interests under Kingdom regulations. The agreement typically covers key areas like confidentiality, intellectual property rights, and Sharia compliance.
Beyond basic terms, these agreements specify the scope of advisory services, payment schedules, and any restrictions on working with competitors. They're particularly important in sectors like finance and technology, where the Capital Market Authority (CMA) requires clear documentation of advisory relationships. Good agreements also address dispute resolution methods that align with Saudi commercial law.
When should you use an Advisor Agreement?
Use an Advisor Agreement when bringing specialized expertise into your Saudi organization, especially for strategic guidance, technical consulting, or Sharia-compliant financial advice. This agreement becomes essential before sharing sensitive business information or when engaging advisors for complex projects that require clear accountability and deliverables.
The timing is critical - put this agreement in place before the advisor starts any work or gains access to confidential data. It's particularly important for regulated sectors like banking and investment, where the Capital Market Authority requires formal documentation of advisory relationships. Many organizations implement these agreements during expansion phases, strategic pivots, or when seeking specialized market insights.
What are the different types of Advisor Agreement?
- Investment Advisor Contract: Specifically for investment management and portfolio advisory services, aligned with CMA regulations
- Sub Advisor Agreement: Used when primary advisors delegate specialized tasks to secondary experts
- Advisory Shares Agreement: For equity-based compensation arrangements with strategic advisors
- Advisory Services Contract: General consulting arrangements across various business sectors
- Financial Advisory Services Agreement: Focused on Sharia-compliant financial consulting and strategic guidance
Who should typically use an Advisor Agreement?
- Companies and Organizations: Saudi businesses seeking expert guidance, from startups to established corporations, especially those in regulated sectors like finance
- Professional Advisors: Industry experts, management consultants, and strategic advisors providing specialized knowledge under Sharia-compliant terms
- Legal Departments: In-house counsel and compliance officers who draft and review Advisor Agreements to ensure regulatory alignment
- Board Members: Corporate directors who approve significant advisory relationships and oversee their implementation
- Regulatory Bodies: The Capital Market Authority and other Saudi regulators who monitor advisory relationships in regulated industries
How do you write an Advisor Agreement?
- Advisor Details: Gather full credentials, qualifications, and professional licenses relevant to Saudi regulations
- Scope Definition: Clearly outline services, deliverables, and timelines aligned with your organization's goals
- Compensation Structure: Document fee arrangements, payment schedules, and any Sharia-compliant profit-sharing terms
- Compliance Check: Review CMA requirements and industry-specific regulations affecting advisory services
- Document Generation: Use our platform to create a customized, legally-sound Advisor Agreement that includes all mandatory elements
- Internal Review: Have key stakeholders verify alignment with business objectives before finalizing
What should be included in an Advisor Agreement?
- Party Information: Complete legal names, addresses, and registration details of advisor and company
- Service Scope: Detailed description of advisory services, deliverables, and performance metrics
- Compensation Terms: Clear payment structure, schedule, and any Sharia-compliant profit-sharing arrangements
- Confidentiality: Comprehensive non-disclosure provisions protecting business secrets and sensitive data
- Duration and Termination: Contract period, renewal terms, and conditions for early termination
- Dispute Resolution: Saudi law as governing law, jurisdiction, and Islamic arbitration provisions
- Compliance Statement: Confirmation of adherence to CMA regulations and Sharia principles
What's the difference between an Advisor Agreement and an Agency Agreement?
While often confused, an Advisor Agreement differs significantly from an Agency Agreement in several key aspects under Saudi law. Here's what sets them apart:
- Authority and Representation: Agency Agreements grant the agent power to act on behalf of and bind the principal legally, while Advisor Agreements only provide for consulting and recommendations without decision-making authority
- Liability Scope: Agents bear direct liability for transactions they execute, whereas advisors are typically only liable for the quality of their advice and maintaining confidentiality
- Regulatory Requirements: Agency relationships often require specific licenses and registrations with Saudi authorities, while advisory roles may have lighter regulatory obligations
- Compensation Structure: Agency Agreements usually involve commission-based payments tied to specific transactions, while Advisor Agreements typically feature fixed fees or retainers
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