Advisory Agreement for India

Advisory Agreement Template for India

An Advisory Agreement is a legally binding contract governed by Indian law that establishes the terms and conditions under which an advisor or advisory firm provides professional services to a client. The agreement comprehensively outlines the scope of advisory services, compensation structure, confidentiality obligations, and professional standards while ensuring compliance with Indian regulatory requirements, particularly the Indian Contract Act, 1872, and relevant industry-specific regulations. This document serves as a crucial framework for protecting both parties' interests and clearly defining their professional relationship, responsibilities, and expectations.

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What is a Advisory Agreement?

The Advisory Agreement serves as a fundamental legal instrument in the Indian business environment, establishing professional advisory relationships across various sectors. This document is essential when engaging external expertise or professional guidance, whether for strategic, financial, technical, or operational matters. The agreement, governed by Indian law, particularly the Indian Contract Act, 1872, outlines crucial elements including scope of services, compensation, confidentiality, and professional obligations. It protects both the advisor's and client's interests while ensuring compliance with relevant regulatory requirements. This type of agreement is particularly important in today's complex business landscape where specialized knowledge and expertise are frequently required for informed decision-making and business growth.

What sections should be included in a Advisory Agreement?

1. Parties: Identifies and provides details of the advisor and the client, including their legal status and registered addresses

2. Background: Contextual information explaining the purpose of the agreement and the general nature of advisory services to be provided

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation

4. Scope of Services: Detailed description of the advisory services to be provided, including specific deliverables and exclusions

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

6. Fees and Payment Terms: Compensation structure, payment schedule, and terms including expenses and taxes

7. Obligations of the Advisor: Key responsibilities and commitments of the advisor, including service standards and professional conduct

8. Obligations of the Client: Client's responsibilities including providing necessary information and cooperation

9. Confidentiality: Provisions for protecting confidential information shared during the advisory relationship

10. Intellectual Property: Ownership and usage rights of materials and deliverables created during the engagement

11. Limitation of Liability: Extent and limitations of the advisor's liability for services provided

12. Force Majeure: Provisions for handling circumstances beyond parties' control

13. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution

14. Notices: Process and requirements for formal communications between parties

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

What sections are optional to include in a Advisory Agreement?

1. Non-Compete: Restrictions on advisor's ability to work with competing clients - include when dealing with sensitive industry information

2. Non-Solicitation: Prevents either party from soliciting employees or clients - relevant for long-term engagements

3. Insurance: Requirements for professional indemnity insurance - important for high-value advisory services

4. Compliance with Laws: Specific regulatory compliance obligations - necessary for regulated industries

5. Data Protection: Detailed data handling and privacy provisions - essential when personal data processing is involved

6. Assignment: Rights to transfer the agreement - relevant for corporate restructuring scenarios

7. Conflict of Interest: Procedures for identifying and handling conflicts - important for financial advisory services

8. Performance Metrics: Specific KPIs and performance standards - useful for long-term or complex advisory arrangements

What schedules should be included in a Advisory Agreement?

1. Schedule A - Scope of Services: Detailed breakdown of specific advisory services, methodologies, and deliverables

2. Schedule B - Fee Structure: Detailed fee calculations, payment milestones, and expense categories

3. Schedule C - Key Personnel: List of key team members and their roles in providing the advisory services

4. Schedule D - Service Levels: Specific performance standards, response times, and quality metrics

5. Schedule E - Compliance Requirements: Specific regulatory or industry compliance requirements applicable to the services

6. Appendix 1 - Required Documents: List of documents and information to be provided by the client

7. Appendix 2 - Reporting Templates: Standard formats for progress reports and other regular communications

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Management Consulting

Professional Services

Information Technology

Healthcare

Real Estate

Manufacturing

Education

Legal Services

Environmental Services

Business Strategy

Investment Banking

Corporate Advisory

Risk Management

Technology Consulting

Relevant Teams

Legal

Finance

Procurement

Compliance

Risk Management

Operations

Strategy

Business Development

Corporate Affairs

Investment

Advisory Services

Professional Services

Contract Management

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Chief Financial Officer

Business Development Manager

Procurement Manager

Risk Manager

Compliance Officer

Project Manager

Operations Director

Strategy Consultant

Investment Advisor

Management Consultant

Business Analyst

Corporate Secretary

General Counsel

Finance Director

Industries
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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