Financial Consulting Services Agreement Template for the United Arab Emirates
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What is a Financial Consulting Services Agreement?
The Financial Consulting Services Agreement is essential for businesses and individuals providing professional financial advisory services in the UAE market. This document is typically used when engaging financial consultants for services such as investment advisory, financial planning, risk management, or strategic financial guidance. The agreement must comply with UAE Federal Law No. 8 of 2020 on Financial Services and relevant Central Bank regulations, making it suitable for both domestic and international consulting engagements within the UAE jurisdiction. It includes comprehensive provisions for service scope, professional fees, regulatory compliance, confidentiality, and risk allocation, while addressing specific UAE requirements such as language considerations and local business practices.
About the Financial Consulting Services Agreement
A Financial Consulting Services Agreement is a legally binding contract that governs the professional relationship between financial consultants and their clients in the United Arab Emirates. This document establishes clear expectations for service delivery, compensation, and regulatory compliance while protecting both parties' interests under UAE commercial law.
When do you need this document?
You need this agreement whenever you're engaging a financial consultant or providing financial consulting services in the UAE. This includes situations where investment advisory companies work with corporate clients, independent consultants provide strategic financial guidance to SMEs, banks offer specialized consulting to family offices, or fintech companies deliver advisory services to government entities. The document is essential for private equity firms hiring external consultants, insurance companies seeking risk management advice, or any arrangement where professional financial expertise is provided for compensation. Given the UAE's strict regulatory environment for financial services, having a comprehensive agreement protects against regulatory violations and clearly defines professional responsibilities.
Key legal considerations
Your agreement must address several critical legal elements to ensure enforceability and regulatory compliance. The scope of services clause should precisely define what financial consulting services will be provided, avoiding ambiguous language that could lead to disputes. Professional liability and indemnification provisions are crucial, as financial advice can have significant economic consequences. Confidentiality clauses must be robust, given the sensitive financial information consultants typically access. Fee structures, payment terms, and expense allocation should be clearly specified to prevent commercial disputes. Termination provisions should outline notice periods and post-termination obligations. Most importantly, the agreement must include regulatory compliance clauses ensuring all parties maintain necessary UAE licenses and adhere to Central Bank regulations throughout the consulting relationship.
Legal requirements in United Arab Emirates
Under UAE Federal Law No. 8 of 2020 on Financial Services, financial consulting agreements must comply with specific regulatory requirements. Both consultants and consulting firms must hold appropriate licenses from the UAE Central Bank or relevant free zone authorities. The agreement should reference compliance with Central Bank Regulation No. 20/2018 regarding financial advisory services and specify which party bears responsibility for maintaining regulatory compliance. UAE Commercial Companies Law requires contracts to be in Arabic or accompanied by certified Arabic translations for certain enforcement purposes. The agreement must specify the governing UAE jurisdiction and courts for dispute resolution. Additionally, consultants providing services to UAE entities may need to comply with local employment laws if the relationship resembles employment rather than independent consulting. Professional indemnity insurance requirements should be addressed, and the agreement should specify compliance with anti-money laundering regulations and other financial crime prevention measures mandated by UAE law.
GOVERNING LAW
Applicable law
This Financial Consulting Services Agreement is drafted to comply with United Arab Emirates law. Key legislation includes:
UAE Federal Law No. 2 of 2015 (Commercial Companies Law): Governs commercial transactions and business relationships between parties, including service agreements and corporate obligations.
UAE Central Bank Regulation No. 20/2018: Regulations concerning financial advisory services and requirements for entities providing financial consulting services.
UAE Federal Law No. 14 of 2018 (Central Bank Law): Establishes the framework for financial institutions and their activities, including consulting services related to financial matters.
UAE Federal Law No. 20 of 2018 (Anti-Money Laundering Law): Mandates compliance with AML regulations for financial service providers, including consultants dealing with financial matters.
UAE Federal Law No. 2 of 2019 (Cybercrimes Law): Governs data protection and confidentiality requirements when handling financial and client information electronically.
DIFC Law No. 1 of 2004 (Regulatory Law): If operating in or with DIFC entities, this law governs financial services activities within the Dubai International Financial Centre.
UAE Federal Law No. 18 of 1993 (Commercial Transactions Law): Regulates commercial transactions and contractual relationships between parties in the UAE.
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