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Advisor Agreement
I need an advisor agreement for a consultant who will provide strategic guidance on a part-time basis for a startup company. The agreement should include a confidentiality clause, a monthly retainer fee, and a provision for quarterly performance reviews.
What is an Advisor Agreement?
An Advisor Agreement outlines the professional relationship between a company and its advisor, setting clear terms for strategic guidance, consulting services, or expert input. In Malaysia, these agreements typically cover key areas like confidentiality obligations, intellectual property rights, and compensation structures, aligned with the Companies Act 2016.
These agreements protect both parties by clearly defining the advisor's role, duties, and limitations - especially important in Malaysian business culture where advisory relationships often blend formal expertise with relationship-based guidance. They specify meeting commitments, performance metrics, and conflict of interest provisions while ensuring compliance with local corporate governance standards and Securities Commission requirements.
When should you use an Advisor Agreement?
Use an Advisor Agreement when bringing on strategic consultants, industry experts, or professional advisors to guide your Malaysian company's growth or operations. This becomes especially important before sharing sensitive business information, strategic plans, or intellectual property with external advisors who aren't full-time employees.
The agreement proves essential during critical business phases like expansion planning, technology adoption, or capital raising - particularly when advisors need access to confidential data or will contribute significantly to company strategy. Malaysian companies often implement these agreements before advisory board formations, pre-IPO preparations, or when seeking specialized expertise in regulated industries.
What are the different types of Advisor Agreement?
- Board Of Advisors Agreement: Used for formal advisory boards, covering group dynamics, meeting requirements, and collective decision-making protocols
- Financial Advisory Agreement: Specifically tailored for financial consultants, including Securities Commission compliance and fiduciary duties
- Investment Advisor Contract: Focuses on investment guidance, portfolio management, and capital market regulations
- Business Consulting Contract: Broader scope for general business advisors, covering strategic planning and operational improvements
- Advisory Services Agreement: Flexible template adaptable for various advisory roles, from technology consulting to industry expertise
Who should typically use an Advisor Agreement?
- Companies and Startups: Malaysian businesses seeking strategic guidance, from SMEs to public-listed corporations requiring specialized expertise
- Industry Experts: Experienced professionals providing advisory services in areas like technology, finance, or operations
- Legal Counsel: Corporate lawyers who draft and review agreements to ensure compliance with Malaysian company law
- Board Members: Directors overseeing advisor appointments and ensuring alignment with corporate governance
- Company Secretaries: Maintaining records and ensuring proper documentation of advisor relationships
- Regulatory Bodies: Securities Commission and Bursa Malaysia when advisory roles involve regulated activities
How do you write an Advisor Agreement?
- Advisor Details: Gather complete information about the advisor's qualifications, expertise, and registration details with relevant Malaysian authorities
- Scope Definition: Clearly outline specific services, deliverables, and expected time commitment
- Compensation Structure: Define payment terms, including fees, equity arrangements, or performance-based incentives
- Confidentiality Needs: Identify sensitive information the advisor will access and required protection measures
- Term Parameters: Determine agreement duration, renewal conditions, and termination clauses
- Compliance Check: Review relevant Malaysian regulations, especially for financial or securities-related advisory roles
- Document Generation: Use our platform to create a customized, legally-sound agreement that includes all essential elements
What should be included in an Advisor Agreement?
- Parties and Roles: Complete identification of advisor and company, including registration numbers under Malaysian law
- Services Scope: Detailed description of advisory duties, deliverables, and performance metrics
- Compensation Terms: Clear payment structure, timing, and any equity or bonus arrangements
- Confidentiality Provisions: Protection of company secrets aligned with Malaysian data protection laws
- Term and Termination: Duration, renewal options, and grounds for early termination
- Intellectual Property Rights: Ownership of work products and pre-existing IP
- Governing Law: Malaysian jurisdiction and dispute resolution mechanisms
- Execution Requirements: Proper signature blocks and witnessing provisions per Companies Act 2016
What's the difference between an Advisor Agreement and an Agency Agreement?
While an Advisor Agreement and an Agency Agreement might seem similar, they serve distinctly different purposes in Malaysian business law. An Advisor Agreement focuses on strategic guidance and expertise sharing, while an Agency Agreement creates a legal relationship where one party can act on behalf of another.
- Authority Scope: Advisors provide recommendations but cannot bind the company; agents have legal authority to represent and make decisions for the principal
- Liability Structure: Advisors typically face limited liability for their recommendations; agents can create direct legal obligations for their principal
- Regulatory Requirements: Agency relationships often require specific licenses and registrations under Malaysian law; advisory roles generally have fewer regulatory constraints
- Duration and Commitment: Advisory relationships are usually project-based or periodic; agency relationships tend to be ongoing and more formally structured
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