Business Development Consulting Agreement Template for Malaysia

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Key Requirements PROMPT example:

Business Development Consulting Agreement

"I need a Business Development Consulting Agreement for engaging a consultant to help expand my technology company into the Southeast Asian market, with a focus on developing strategic partnerships and achieving a revenue target of RM 5 million by December 2025."

Document background
The Business Development Consulting Agreement is essential for companies operating in Malaysia who seek to engage external expertise for business growth and market expansion. This document is typically used when a company requires specialized business development services but prefers not to hire full-time employees for the role. The agreement, governed by Malaysian law, covers crucial elements including service scope, deliverables, compensation structure, confidentiality obligations, and intellectual property rights. It ensures compliance with Malaysian regulations while protecting both parties' interests, particularly important in the context of Malaysia's diverse business environment and strict regulatory framework. The document is structured to clearly establish the consultant's status as an independent contractor rather than an employee, which has significant implications under Malaysian employment and tax laws.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - the consultant and the client company

2. Background: Explains the context of the agreement, including the client's need for business development services and the consultant's expertise

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

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

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

6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures

7. Obligations of the Consultant: Key responsibilities, deliverables, and performance standards expected from the consultant

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

9. Confidentiality: Protection of confidential information exchanged during the engagement

10. Intellectual Property Rights: Ownership and rights to work products created during the consultation

11. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not employee

12. Warranties and Representations: Promises made by both parties regarding their capacity and authority

13. Limitation of Liability: Limits on consultant's liability and indemnification provisions

14. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures

Optional Sections

1. Non-Compete: Restrictions on consultant's ability to work with competitors (include when protecting market position is crucial)

2. Non-Solicitation: Prevents consultant from soliciting client's employees or customers (use when protecting business relationships is important)

3. Performance Metrics: Specific KPIs and performance measurement criteria (include when quantifiable results are required)

4. Insurance: Requirements for professional liability insurance (include for high-value or high-risk consulting)

5. Force Majeure: Provisions for unforeseen circumstances preventing performance (important in long-term agreements)

6. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration (include when parties prefer alternative dispute resolution)

7. Data Protection: Specific provisions for handling personal data under PDPA (include when personal data processing is involved)

8. Anti-Corruption Compliance: Detailed anti-corruption provisions (include when dealing with government entities or high-risk sectors)

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of consulting services, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed fee structure, including hourly rates, retainer fees, success fees, and expense categories

3. Schedule C - Key Personnel: List of key consultant personnel assigned to the project and their roles

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

5. Schedule E - Approved Subcontractors: List of pre-approved subcontractors or associates (if applicable)

6. Appendix 1 - Reporting Templates: Standard formats for progress reports and other required documentation

7. Appendix 2 - Compliance Procedures: Specific procedures for ensuring compliance with relevant regulations

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
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Real Estate

Retail

Education

Energy

Telecommunications

Professional Services

E-commerce

Tourism and Hospitality

Agriculture

Construction

Logistics and Transportation

Relevant Teams

Legal

Commercial

Business Development

Procurement

Operations

Finance

Strategy

Sales

Corporate Development

Risk Management

Compliance

Relevant Roles

Business Development Manager

Chief Executive Officer

Chief Commercial Officer

Chief Operating Officer

Commercial Director

Legal Counsel

Contract Manager

Procurement Manager

Strategy Director

Head of Business Development

Managing Director

Regional Director

Sales Director

Operations Manager

Project Manager

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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