An Advisory Board Engagement Letter is a crucial document used when companies seek to formally engage experienced professionals in advisory capacities. This document is particularly common in the United States, where companies across various sectors establish advisory boards to provide strategic guidance, industry expertise, and networking opportunities. The letter typically details the scope of involvement, compensation structure, confidentiality requirements, and compliance obligations. It's especially important for maintaining clear expectations and legal protection for both parties, particularly in regulated industries or when equity compensation is involved. The Advisory Board Engagement Letter should be carefully drafted to comply with both federal and state regulations, especially regarding securities laws if equity compensation is included, and corporate governance requirements.
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1. Opening and Date: Formal letter opening with date and addressee details
2. Role Description: Clear outline of advisory position and responsibilities, including scope of services and expectations
3. Term and Commitment: Duration of engagement, renewal provisions, and expected time commitment (meetings/hours)
4. Compensation: Details of fees, payment terms, and timing of payments
5. Confidentiality: Confidentiality obligations and protection of company information
6. Independent Contractor: Clarification of relationship as independent contractor, not employee
7. Termination: Terms and conditions for termination by either party
8. Governing Law: Jurisdiction and applicable law governing the agreement
1. Equity Compensation: Terms of stock options or other equity arrangements, when equity is part of compensation
2. Travel and Expenses: Policy on travel expenses and reimbursement procedures when role requires travel
3. Conflict of Interest: Provisions regarding potential conflicts and disclosure requirements
4. Intellectual Property: IP rights and assignment provisions when advisory role involves creation of IP
5. Indemnification: Terms of indemnification and liability protection for advisor
1. Schedule A - Compensation Details: Detailed breakdown of compensation structure including fees, equity, and payment schedule
2. Schedule B - Meeting Schedule: Anticipated meeting dates, frequency, and format of advisory board meetings
3. Schedule C - Confidentiality Agreement: Detailed NDA terms if not fully incorporated in main letter
4. Schedule D - Stock Option Agreement: Detailed terms of equity compensation if applicable
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