Executive Consulting Agreement Template for England and Wales

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Key Requirements PROMPT example:

Executive Consulting Agreement

"I need an Executive Consulting Agreement for a strategy consultant who will be advising our fintech startup on international expansion for 6 months starting January 2025, with potential renewal options and strict IP protection clauses."

Document background
The Executive Consulting Agreement is essential for organizations seeking to engage senior-level expertise without creating permanent employment relationships. This agreement, governed by English and Welsh law, is particularly relevant in situations requiring strategic advice, interim executive management, or specialized project leadership. The document addresses key aspects including service scope, remuneration, confidentiality, intellectual property rights, and compliance with UK tax regulations, particularly IR35. It provides necessary protections for both parties while maintaining the consultant's independent contractor status.
Suggested Sections

1. Parties: Identification of contracting parties, including registered addresses and company numbers

2. Background: Context of the agreement and brief description of why it's being entered into

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope of Services: Terms of appointment and detailed description of consulting services to be provided

5. Term and Termination: Duration of agreement and circumstances under which it can be terminated

6. Fees and Payment: Compensation structure, payment terms, and expenses

7. Consultant's Obligations: Key responsibilities and commitments of the consultant

8. Client's Obligations: Key responsibilities and commitments of the client

9. Confidentiality: Protection of sensitive information

10. Intellectual Property: Ownership and rights to work product

Optional Sections

1. Non-Compete: Restrictions on competitive activities - include when protecting against competition is crucial

2. Non-Solicitation: Restrictions on soliciting employees or clients - include when protecting relationships with staff/clients is important

3. Insurance: Required insurance coverage - include when services involve significant risk or regulatory requirements

4. Data Protection: GDPR compliance obligations - include when personal data processing is involved

5. Force Majeure: Provisions for unforeseeable circumstances - include when long-term or critical services are involved

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of consulting services

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

3. Schedule 3 - Key Personnel: List of key individuals involved in service delivery

4. Schedule 4 - Service Levels: Performance metrics and standards

5. Appendix A - Confidentiality Agreement: Detailed confidentiality terms if required

6. Appendix B - Insurance Requirements: Specific insurance coverage requirements

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
Relevant Teams
Relevant Roles
Industries

Companies Act 2006: Primary legislation governing company operations and corporate matters, relevant when consultant deals with company affairs

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract, important for defining scope of contractual relationships

Income Tax Act 2007: Crucial for tax treatment of consulting fees and ensuring proper tax provisions are included

Corporation Tax Act 2009: Relevant for corporate tax implications of consulting arrangements

Value Added Tax Act 1994: Governs VAT obligations for consulting services

IR35 Regulations: Off-payroll working rules determining tax status of consultants and ensuring proper classification

Employment Rights Act 1996: Important for establishing clear distinction between employee and consultant status

National Insurance Contributions Act 2014: Governs NIC obligations for self-employed consultants

UK GDPR: Regulates processing of personal data and data protection requirements

Data Protection Act 2018: UK's implementation of data protection standards and requirements

Copyright, Designs and Patents Act 1988: Governs intellectual property rights and protection of created works

Trade Marks Act 1994: Relevant for protection of trademarks and brand-related intellectual property

Competition Act 1998: Regulates anti-competitive behavior and market restrictions

Enterprise Act 2002: Additional competition law considerations and market regulation

Trade Secrets Regulations 2018: Protects confidential business information and trade secrets

Bribery Act 2010: Anti-corruption legislation affecting business relationships and payments

Money Laundering Regulations 2017: Compliance requirements for preventing financial crime and ensuring proper payment procedures

Health and Safety at Work Act 1974: Workplace safety regulations that may apply to consulting services provided on-site

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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