Advisory Agreement for Malta

Advisory Agreement Template for Malta

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Advisory Agreement

"I need an Advisory Agreement under Maltese law for my fintech consultancy firm to provide strategic and technical advisory services to a corporate client, with specific emphasis on confidentiality and data protection provisions."

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What is a Advisory Agreement?

The Advisory Agreement serves as the primary legal instrument for establishing professional advisory relationships under Maltese law. It is essential for situations where specialized expertise or professional guidance is being provided on a formal basis. The document encompasses crucial elements such as service scope, confidentiality provisions, liability limitations, and compliance with both Maltese and EU regulations. This agreement is particularly vital in regulated industries where clear documentation of advisory relationships is required. The Advisory Agreement can be customized for various types of advisory services, from financial consulting to technical advisory, while maintaining compliance with Maltese legal requirements and industry-specific regulations. It provides protection for both the advisor and the client by clearly defining expectations, deliverables, and terms of engagement.

What sections should be included in a Advisory Agreement?

1. Parties: Identification of the advisor and the client, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into an advisory relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the advisory services to be provided

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

6. Fees and Payment Terms: Compensation structure, payment schedule, and related terms

7. Obligations of the Advisor: Duties, responsibilities, and standard of care required from the advisor

8. Obligations of the Client: Client's responsibilities, including provision of information and cooperation

9. Confidentiality: Provisions regarding the protection and handling of confidential information

10. Intellectual Property: Ownership and usage rights of any intellectual property created or used during the advisory relationship

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

12. Force Majeure: Provisions for unforeseen circumstances preventing performance

13. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and notices

What sections are optional to include in a Advisory Agreement?

1. Regulatory Compliance: Required when advisory services fall under specific regulatory frameworks, such as financial services regulations

2. Data Protection: Detailed GDPR compliance section, required when personal data processing is involved

3. Non-Competition: Restrictions on advisor's ability to provide services to competitors, if relevant

4. Insurance: Requirements for professional indemnity or other insurance coverage

5. Assignment and Subcontracting: Terms regarding the ability to transfer rights or delegate services to third parties

6. Service Levels: Specific performance metrics and standards, if applicable

7. Conflict of Interest: Provisions dealing with potential conflicts of interest, particularly relevant for financial or business advisory

8. Anti-Corruption and Anti-Bribery: Required for compliance with anti-corruption laws, particularly in regulated industries

What schedules should be included in a Advisory Agreement?

1. Schedule 1 - Detailed Service Description: Comprehensive breakdown of advisory services, methodologies, and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Key Personnel: List of key individuals involved in providing the advisory services

4. Schedule 4 - Service Levels and Performance Metrics: Detailed performance standards and measurement criteria

5. Schedule 5 - Data Processing Agreement: Required when personal data processing is involved, detailing GDPR compliance measures

6. Appendix A - Client Policies: Relevant client policies that the advisor must comply with

7. Appendix B - Reporting Templates: Standard formats for regular reports and updates

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
Relevant Industries

Financial Services

Professional Services

Management Consulting

Technology

Healthcare

Real Estate

Legal Services

Education

Environmental Services

Business Services

Manufacturing

Retail

Energy

Telecommunications

Relevant Teams

Legal

Compliance

Finance

Procurement

Operations

Risk Management

Business Development

Corporate Affairs

Professional Services

Strategy

Commercial

Relevant Roles

Legal Counsel

Corporate Lawyer

Compliance Officer

Business Advisor

Management Consultant

Financial Advisor

Technical Consultant

Strategy Consultant

Operations Director

Chief Executive Officer

Chief Financial Officer

Risk Manager

Procurement Manager

Contract Manager

Business Development Manager

Professional Services 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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