Advisory Agreement Template for Switzerland

When you're establishing a professional advisory relationship in Switzerland, you need a comprehensive Advisory Agreement that complies with Swiss law and protects both parties' interests. This contractual document serves as the legal foundation for advisory services, ensuring clarity, compliance, and professional standards throughout your business relationship.

When do you need this document?

You need an Advisory Agreement whenever you're engaging in formal advisory services in Switzerland. This includes financial advisors providing investment guidance to clients, management consultants advising corporate clients on strategic decisions, or professional services firms offering specialized expertise to businesses. Family offices require these agreements when providing wealth management advice, while individual consultants need them when offering professional services to clients. The document is essential for establishing clear boundaries, expectations, and legal protections in any advisory capacity, whether for ongoing relationships or project-based engagements.

Key legal considerations

Your Advisory Agreement must address several critical legal elements to ensure enforceability and compliance. The scope of services clause requires precise definition to avoid disputes and clearly establish what advisory services you will and will not provide. Confidentiality provisions are essential, particularly given Switzerland's strict data protection laws under the FADP. You must include appropriate liability limitations and indemnification clauses to protect against potential claims. Fee structures and payment terms need careful consideration, especially for financial advisory services that may fall under FinSA regulations. The agreement should also address conflict of interest disclosure requirements and establish clear termination procedures. Professional insurance requirements and regulatory compliance obligations must be explicitly stated, particularly for licensed professionals operating under FinIA.

Legal requirements in Switzerland

Swiss law imposes specific requirements on advisory agreements through the Code of Obligations (OR/CO), particularly Articles 394-406 governing mandate agreements. Your agreement must comply with these provisions, which establish the advisor's duty of care, loyalty, and proper execution of the mandate. For financial advisory services, you must adhere to FinSA requirements, including client segmentation rules, suitability assessments, and information disclosure obligations. The Financial Institutions Act (FinIA) may require additional licensing and organizational compliance measures depending on your advisory activities. Data protection compliance under the Federal Act on Data Protection (FADP) is mandatory, requiring explicit consent clauses and data processing procedures. Anti-money laundering regulations may also apply, particularly for financial advisors, requiring customer due diligence and reporting obligations. The agreement must be drafted in accordance with Swiss contract law principles and may need to accommodate specific cantonal regulations depending on your location and the nature of your advisory services.