Advisory Engagement Letter Template for United States

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Key Requirements PROMPT example:

Advisory Engagement Letter

"I need an Advisory Engagement Letter for providing strategic business consulting services to a mid-sized technology company, with a focus on digital transformation and a project duration of 12 months starting March 2025."

What is a Advisory Engagement Letter?

The Advisory Engagement Letter is a critical document used when establishing a professional advisory relationship in the United States. It serves as the foundational agreement between an advisor and their client, clearly defining the scope of services, deliverables, fees, and terms of engagement. This document is particularly important in regulated industries such as financial services, consulting, and professional services, where clear documentation of the advisor-client relationship is required by law or professional standards. The Advisory Engagement Letter helps prevent misunderstandings, establishes expectations, and provides legal protection for both parties. It typically includes specific provisions required by U.S. federal and state regulations, professional bodies, and industry standards.

What sections should be included in a Advisory Engagement Letter?

1. Opening Salutation: Formal greeting and identification of the recipient

2. Engagement Purpose: Clear statement of the purpose of the advisory engagement

3. Scope of Services: Detailed description of advisory services to be provided, including specific deliverables and any limitations

4. Fee Structure: Comprehensive outline of fees, payment terms, expenses, and billing procedures

5. Term and Termination: Duration of engagement and conditions for termination by either party

6. Confidentiality: Terms regarding the protection and handling of confidential information

7. Professional Standards: Commitment to applicable professional standards, regulations, and compliance requirements

8. Liability and Indemnification: Terms regarding professional liability, limitations, and indemnification provisions

9. Signature Block: Space for dated signatures of both parties to confirm agreement

What sections are optional to include in a Advisory Engagement Letter?

1. Investment Guidelines: Specific investment parameters and restrictions for investment advisory services

2. Project Timeline: Specific milestones, deadlines, and delivery schedule for project-based advisory work

3. Team Composition: Details of key personnel and their roles in providing the advisory services

4. Dispute Resolution: Procedures for handling disputes and designation of jurisdiction

5. Insurance Coverage: Details of professional liability insurance and other relevant coverage

What schedules should be included in a Advisory Engagement Letter?

1. Fee Schedule: Detailed breakdown of fees, rates, and payment terms

2. Service Level Agreement: Specific performance metrics and service standards

3. Professional Qualifications: Documentation of relevant certifications and credentials of key team members

4. Compliance Requirements: Detailed regulatory requirements and compliance procedures specific to the engagement

5. Conflict Disclosure: Disclosure of any potential conflicts of interest and mitigation measures

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Industries

Securities Exchange Act 1934: Federal legislation governing securities trading and broker-dealer relationships. Essential for advisory services related to securities markets.

Investment Advisers Act 1940: Key federal law regulating investment advisers and their responsibilities to clients, including registration and disclosure requirements.

Dodd-Frank Act: Comprehensive financial reform legislation affecting advisory services, particularly in areas of systemic risk and consumer protection.

Sarbanes-Oxley Act: Corporate governance and financial disclosure law crucial for advisory services to public companies.

JOBS Act: Legislation affecting capital raising and advisory services for emerging growth companies.

AICPA Professional Standards: Professional guidelines for accounting and financial advisory services, including ethical requirements and best practices.

Gramm-Leach-Bliley Act: Federal law governing financial privacy and data protection requirements for financial institutions and advisors.

State Contract Laws: State-specific regulations governing contract formation, enforcement, and interpretation.

Uniform Commercial Code: Standardized commercial laws adopted by states affecting business transactions and contracts.

Professional Liability Standards: Legal requirements and industry standards for professional liability and risk management in advisory services.

SEC Regulations: Federal securities regulations affecting advisory services, including registration, disclosure, and compliance requirements.

FINRA Requirements: Self-regulatory organization rules affecting financial advisors and broker-dealers.

Trade Secrets Protection: Federal and state laws protecting confidential business information and trade secrets.

Federal Trade Commission Act: Consumer protection legislation preventing unfair or deceptive practices in commerce.

State Consumer Protection Laws: State-specific regulations protecting consumers in business transactions and advisory relationships.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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