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Advisor Contract
"I need an Advisor Contract for a financial advisory firm providing investment services to a mining company in South Africa, starting March 2025, with specific provisions for FAIS Act compliance and handling of sensitive financial information."
1. Parties: Identification of the client and advisor, including full legal names, registration numbers (if applicable), and physical addresses
2. Background: Context of the agreement, including the advisor's qualifications and the client's need for advisory services
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of the advisor and detailed description of services to be provided
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Duties and Responsibilities: Detailed obligations of the advisor, including service standards and deliverables
7. Fees and Payment: Compensation structure, payment terms, and expenses
8. Confidentiality: Obligations regarding confidential information and compliance with POPIA
9. Intellectual Property: Ownership and usage rights of materials and advice provided
10. Professional Standards: Compliance with relevant regulations and professional standards
11. Limitation of Liability: Extent and limitations of advisor's liability
12. General Provisions: Standard contractual terms including notices, governing law, and dispute resolution
1. Non-Competition: Restrictions on advisor's ability to work with competitors, used when advisor has access to sensitive strategic information
2. Insurance: Requirements for professional indemnity insurance, relevant for high-risk advisory services
3. Performance Metrics: Specific KPIs and performance evaluation criteria, used for longer-term or performance-based arrangements
4. Team Composition: Details of team members involved in providing services, relevant for firm-wide advisory services
5. Client Obligations: Specific responsibilities of the client, important for complex advisory relationships
6. Regulatory Compliance: Specific regulatory requirements, particularly relevant for financial advisors under FAIS
7. Data Protection: Detailed POPIA compliance measures, essential when handling significant personal information
1. Schedule 1: Service Description: Detailed scope of services, deliverables, and timelines
2. Schedule 2: Fee Structure: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3: Key Personnel: Details of key team members and their roles
4. Schedule 4: Service Levels: Specific service standards and response times
5. Appendix A: Compliance Requirements: Relevant regulatory requirements and compliance procedures
6. Appendix B: Reporting Templates: Standard formats for reports and documentation
7. Appendix C: Client Policies: Relevant client policies that advisor must comply with
Authors
Advisor
Advisory Services
Applicable Laws
Business Day
Client
Commencement Date
Confidential Information
Deliverables
Effective Date
Fees
Force Majeure
Intellectual Property
Key Personnel
Material Breach
Personal Information
Professional Standards
Project
Records
Related Parties
Representatives
Scope of Work
Services
Service Levels
Term
Termination Date
Territory
Work Product
FAIS Act
POPIA
Regulatory Authority
Compliance Requirements
Performance Metrics
Client Materials
Disclosing Party
Receiving Party
Expenses
Good Industry Practice
Losses
Notice
Personnel
Scope of Services
Term and Duration
Fees and Payment
Expenses
Duties and Obligations
Performance Standards
Deliverables
Regulatory Compliance
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Representations and Warranties
Limitation of Liability
Indemnification
Insurance
Force Majeure
Termination
Assignment
Subcontracting
Notice
Dispute Resolution
Governing Law
Entire Agreement
Amendment
Severability
Waiver
Independence
Record Keeping
Reporting
Client Cooperation
Service Levels
Key Personnel
Financial Services
Management Consulting
Information Technology
Healthcare
Mining
Manufacturing
Retail
Real Estate
Education
Energy
Telecommunications
Agriculture
Professional Services
Environmental Services
Legal
Procurement
Human Resources
Finance
Operations
Risk Management
Compliance
Strategy
Business Development
Corporate Development
Business Advisor
Management Consultant
Financial Advisor
Strategy Consultant
Technical Consultant
IT Consultant
Environmental Consultant
Legal Consultant
HR Consultant
Risk Management Advisor
Investment Advisor
Business Development Consultant
Operations Consultant
Marketing Advisor
Sustainability Consultant
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