This Advisory Agreement is designed for use in the Hong Kong jurisdiction when establishing formal advisory relationships between professional service providers and their clients. The document is essential for both regulated and non-regulated advisory services, providing a legally robust framework that complies with Hong Kong's common law system and relevant ordinances. It typically includes detailed provisions on service scope, fees, confidentiality, intellectual property rights, and liability limitations. The agreement is particularly important in Hong Kong's business environment where professional advisory services often involve cross-border elements and must comply with specific regulatory requirements, especially in regulated sectors like financial services. The Advisory Agreement serves as a critical risk management tool while providing clarity on the rights and obligations of all parties involved.
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1. Parties: Identification of the advisor and the client, including full legal names, registration numbers, and addresses
2. Background: Context of the advisory relationship and brief description of the advisor's expertise and client's requirements
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Scope of Services: Detailed description of the advisory services to be provided, including any limitations
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated by either party
6. Fees and Payment Terms: Advisory fees, payment schedule, expenses, and invoicing procedures
7. Obligations of the Advisor: Advisor's duties, standard of care, and professional commitments
8. Obligations of the Client: Client's responsibilities, including providing information and cooperation
9. Confidentiality: Protection and handling of confidential information shared during the advisory relationship
10. Intellectual Property: Ownership and usage rights of materials and advice provided
11. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
12. General Provisions: Standard clauses including governing law, notices, amendment procedures, and entire agreement
1. Regulatory Compliance: Required when advisory services fall under specific regulatory frameworks like SFC regulations
2. Non-Competition: Used when protecting against competitive activities is necessary
3. Force Majeure: Important in long-term advisory relationships to address unforeseen circumstances
4. Data Protection: Required when personal data processing is involved in the advisory services
5. Insurance: Needed when specific professional insurance requirements apply
6. Assignment and Delegation: Important when either party may need to transfer rights or delegate duties
7. Dispute Resolution: Optional detailed procedures for handling disputes, including mediation or arbitration
8. Service Levels: Used when specific performance metrics or response times need to be established
1. Schedule 1 - Detailed Scope of Services: Comprehensive breakdown of specific advisory services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Key Personnel: List of key team members and their roles in providing the advisory services
4. Schedule 4 - Service Levels: Specific performance metrics and service standards if applicable
5. Schedule 5 - Compliance Requirements: Specific regulatory or compliance requirements applicable to the services
6. Appendix A - Required Forms and Templates: Standard forms or templates to be used in service delivery
7. Appendix B - Client Policies: Relevant client policies that the advisor must comply with
8. Appendix C - Data Processing Requirements: Specific requirements for handling personal or sensitive data if applicable
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