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Advisor Agreement Template for Switzerland

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Key Requirements PROMPT example:

Advisor Agreement

I need an advisor agreement for a consultant who will provide strategic guidance on a project basis, with a focus on digital transformation. The agreement should include a confidentiality clause, a monthly retainer fee, and a termination notice period of 30 days.

What is an Advisor Agreement?

An Advisor Agreement sets out the formal relationship between a company and its external advisors or consultants under Swiss law. It defines the advisor's role, responsibilities, and compensation while protecting both parties' interests through clear terms about confidentiality, intellectual property rights, and potential conflicts.

Swiss businesses commonly use these agreements to bring in expertise for strategic guidance, technical knowledge, or industry connections. The contract typically includes specific provisions about advisory board duties, meeting attendance requirements, and compliance with Swiss corporate governance standards - especially important for regulated sectors like banking and financial services.

When should you use an Advisor Agreement?

Use an Advisor Agreement when bringing external expertise into your Swiss company, especially for strategic guidance, technical knowledge, or industry connections. This becomes essential before engaging board advisors, industry experts, or specialized consultants who will have access to sensitive company information or influence on business decisions.

The timing is crucial - put this agreement in place before any advisory work begins, particularly in regulated sectors like financial services or healthcare. Swiss companies need these agreements when setting up advisory boards, engaging merger and acquisition consultants, or bringing in specialists for complex technical or regulatory projects where clear boundaries and confidentiality are vital.

What are the different types of Advisor Agreement?

Who should typically use an Advisor Agreement?

  • Companies and Startups: Swiss businesses seeking external expertise, from early-stage ventures to established corporations needing specialized guidance
  • Industry Experts: Experienced professionals providing strategic advice, often former executives or technical specialists
  • Legal Counsel: In-house or external lawyers who draft and review Advisor Agreements to ensure compliance with Swiss law
  • Board Members: Existing board members who interact with advisors and help define their roles
  • Compliance Officers: Professionals ensuring advisor relationships meet regulatory requirements, especially in regulated sectors
  • HR Departments: Teams managing advisor onboarding, documentation, and relationship maintenance

How do you write an Advisor Agreement?

  • Advisor Details: Gather full contact information, qualifications, and relevant professional background
  • Scope Definition: Document specific advisory services, expected time commitment, and deliverables
  • Compensation Structure: Define fees, expenses, equity arrangements, or other forms of remuneration
  • Term and Schedule: Set clear start date, duration, and meeting frequency expectations
  • Confidentiality Needs: Identify sensitive information the advisor will access
  • Internal Approvals: Confirm board or management sign-off requirements under Swiss law
  • Document Generation: Use our platform to create a legally-sound agreement that includes all required elements

What should be included in an Advisor Agreement?

  • Parties and Roles: Clear identification of advisor and company, including registration details
  • Services Scope: Detailed description of advisory duties and deliverables under Swiss law
  • Compensation Terms: Payment structure, including fees, expenses, and any equity arrangements
  • Confidentiality Provisions: Swiss-compliant data protection and trade secret safeguards
  • Duration and Termination: Agreement period, renewal terms, and exit conditions
  • Intellectual Property: Rights assignment and ownership of created works
  • Governing Law: Swiss jurisdiction and dispute resolution procedures
  • Signature Requirements: Proper execution blocks meeting Swiss formal requirements

What's the difference between an Advisor Agreement and an Agency Agreement?

Let's compare an Advisor Agreement with an Agency Agreement, as these are often confused in Swiss business relationships. While both involve external parties working with a company, they serve distinct purposes and carry different legal implications.

  • Scope of Authority: Advisor Agreements establish consulting and guidance roles without decision-making power, while Agency Agreements grant legal authority to act on behalf of the company
  • Legal Representation: Agents can bind their principal company in transactions under Swiss law; advisors cannot enter into contracts or make commitments for the company
  • Compensation Structure: Agency Agreements typically include commission-based payments or success fees, while Advisor Agreements usually feature fixed fees or equity compensation
  • Liability Exposure: Agents bear greater legal responsibility for their actions, requiring specific insurance and regulatory compliance; advisors face limited liability focused on their guidance quality

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