The Business Advisor Agreement is a crucial document for companies seeking to engage professional advisors in Hong Kong. It is typically used when a company requires specialized expertise or strategic guidance but prefers a contractual relationship rather than an employment arrangement. The agreement carefully delineates the advisor's role, responsibilities, and relationship with the company to avoid potential classification as an employment relationship under Hong Kong law. It includes essential provisions for protecting confidential information, establishing clear deliverables, and setting compensation terms. The document is particularly important in Hong Kong's business environment, where professional advisory services often involve cross-border considerations and must comply with local regulatory requirements, including the Employment Ordinance, Personal Data (Privacy) Ordinance, and relevant financial services regulations where applicable.
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1. Parties: Identification of the company and the business advisor, including full legal names and registered addresses
2. Background: Context of the agreement, brief description of the company's business and need for advisory services
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Confidential Information', 'Intellectual Property', etc.
4. Appointment and Term: Scope of appointment, duration, and renewal terms
5. Services: Detailed description of advisory services to be provided
6. Advisor's Obligations: Key responsibilities, standards of service, and compliance requirements
7. Company's Obligations: Company's responsibilities, including provision of information and support
8. Fees and Payment: Compensation structure, payment terms, expenses, and invoicing
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Intellectual Property: Ownership and rights to materials created during the engagement
11. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
12. Termination: Grounds for termination, notice periods, and consequences
13. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Non-Competition: Restrictions on advisor's activities with competitors - include when advisor will have access to highly sensitive competitive information
2. Non-Solicitation: Restrictions on soliciting employees or clients - include when advisor will have significant client or employee contact
3. Insurance: Requirements for professional indemnity insurance - include when services involve high-risk advice
4. Compliance with Securities Laws: Special provisions for securities law compliance - include when advisor will deal with listed companies or financial advice
5. Data Protection: Detailed data handling requirements - include when advisor will process personal data
6. Anti-Corruption Compliance: Detailed anti-bribery provisions - include when advisor will deal with government entities or public officials
7. Force Majeure: Provisions for unforeseen circumstances - include when long-term or critical services are involved
1. Schedule 1 - Services Description: Detailed scope of advisory services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment structures
3. Schedule 3 - Key Personnel: List of key individuals providing services and their qualifications
4. Schedule 4 - Service Levels: Specific performance metrics and service standards
5. Appendix A - Compliance Policies: Relevant company policies the advisor must comply with
6. Appendix B - Reporting Requirements: Templates and requirements for regular reporting
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