Consulting Commission Agreement Template for Singapore

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Key Requirements PROMPT example:

Consulting Commission Agreement

"Need a Consulting Commission Agreement for a Singapore-based technology consultant who will be working on our AI development project for 12 months starting January 2025, with specific IP protection clauses and performance-based commission structure."

What is a Consulting Commission Agreement?

The Consulting Commission Agreement is essential for businesses operating in Singapore that engage external expertise for specific projects or ongoing advisory services. This document establishes clear parameters for the consulting relationship, protecting both parties' interests while ensuring compliance with Singapore's legal requirements. It typically includes detailed provisions for service delivery, compensation structure, intellectual property rights, confidentiality obligations, and dispute resolution mechanisms. The agreement is particularly important for maintaining clear independent contractor status and avoiding potential misclassification under Singapore employment law.

What sections should be included in a Consulting Commission Agreement?

1. Parties: Identification and details of contracting parties

2. Background: Context and purpose of the consulting arrangement

3. Definitions: Key terms used throughout the agreement

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

5. Term and Termination: Duration and conditions for ending the agreement

6. Fees and Payment Terms: Compensation structure and payment schedule

7. Confidentiality: Protection of sensitive information

8. Independent Contractor Status: Clarification of relationship between parties

What sections are optional to include in a Consulting Commission Agreement?

1. Non-Compete: Restrictions on competitive activities - use when protecting business interests from competition

2. Insurance: Required insurance coverage - use for high-risk consulting services

3. Force Majeure: Provisions for unforeseeable circumstances - use when service delivery might be affected by external events

4. Assignment: Rights to transfer obligations - use when transfer of rights might be needed

What schedules should be included in a Consulting Commission Agreement?

1. Schedule of Services: Detailed breakdown of consulting services and deliverables

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

3. Service Levels: Performance metrics and standards

4. Key Personnel: List of key individuals involved in service delivery

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

Clauses
Industries

Civil Law Act (Cap. 43): Fundamental law governing contractual relationships in Singapore, providing the basic framework for contract formation and enforcement

Misrepresentation Act (Cap. 390): Regulates false statements made during contract formation and provides remedies for misrepresentation

Employment Act (Cap. 91): Important for distinguishing between employees and independent contractors, ensuring proper classification of consultants

Central Provident Fund Act (Cap. 36): Relevant for understanding mandatory contributions and ensuring consultant classification doesn't trigger CPF obligations

Skills Development Levy Act: Related to workforce development charges and obligations that may apply to certain consulting arrangements

Income Tax Act (Cap. 134): Governs taxation of consulting income and related tax obligations for both parties

Goods and Services Tax Act (Cap. 117A): Regulates GST obligations for consulting services provided in Singapore

Personal Data Protection Act 2012: Governs the collection, use, and disclosure of personal data in consulting relationships

Copyright Act (Cap. 63): Protects original works and intellectual property created during the consulting engagement

Patents Act (Cap. 221): Relevant for consulting work involving patentable innovations or technical solutions

Trade Marks Act (Cap. 332): Applies to consulting work involving branding and trademark-related matters

Competition Act (Cap. 50B): Ensures compliance with competition law, particularly regarding non-compete clauses in consulting agreements

Electronic Transactions Act (Cap. 88): Governs electronic signatures and digital execution of consulting agreements

Mediation Act 2017: Provides framework for mediation as a dispute resolution mechanism in consulting agreements

Arbitration Act (Cap. 10): Governs arbitration proceedings for dispute resolution in consulting agreements

Third Parties (Rights under Contracts) Act: Regulates the rights of third parties who may benefit from or be affected by the consulting agreement

Limitation Act (Cap. 163): Sets time limits for bringing legal actions related to the consulting agreement

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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