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Business Advisory Agreement Template for Malaysia

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Key Requirements PROMPT example:

Business Advisory Agreement

"I need a Business Advisory Agreement for my tech startup to engage a strategic advisor who will help with international expansion and funding rounds, with the agreement starting from March 2025 and including strong IP protection clauses."

Document background
The Business Advisory Agreement is essential for formalizing professional advisory relationships in Malaysia's business environment. It is typically used when companies seek external expertise for strategic guidance, operational improvement, financial advisory, or specialized business consulting services. The agreement, governed by Malaysian law, particularly the Contracts Act 1950 and Companies Act 2016, outlines the advisor's scope of services, deliverables, fee structure, and performance expectations. This document is crucial for protecting both parties' interests, ensuring clear communication of responsibilities, and maintaining professional standards while adhering to Malaysian regulatory requirements. It includes provisions for confidentiality, intellectual property rights, and liability limitations, making it suitable for various business advisory arrangements from short-term consultations to long-term strategic partnerships.
Suggested Sections

1. Parties: Identification and details of the advisor and the client company

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope of Services: Clear description of the advisor's appointment and detailed scope of advisory services to be provided

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

6. Fees and Payment Terms: Advisory fees, payment schedule, expenses, and related financial terms

7. Obligations of the Advisor: Specific duties, responsibilities, and standard of care expected from the advisor

8. Client's Obligations: Client's responsibilities, including providing information and cooperation

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Intellectual Property: Ownership and rights to materials, reports, and deliverables

11. Limitation of Liability: Extent and limitations of the advisor's liability

12. Force Majeure: Provisions for unforeseen circumstances affecting performance

13. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Non-Competition: Restrictions on advisor's ability to work with competitors, used when dealing with sensitive industry information

2. Data Protection: Specific provisions for handling personal data under PDPA 2010, required when personal data processing is involved

3. Anti-Corruption Compliance: Detailed anti-corruption provisions, recommended for high-value or public sector related advisory

4. Insurance: Requirements for professional indemnity insurance, useful for high-risk advisory services

5. Key Personnel: Identification of specific individuals responsible for providing services, important for expertise-dependent services

6. Dispute Resolution: Alternative dispute resolution procedures, recommended for complex or high-value agreements

7. Performance Metrics: Specific KPIs or performance standards, useful for measurable advisory services

8. Subcontracting: Terms for engaging subcontractors, needed if advisor may need to involve third parties

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of specific advisory services to be provided

2. Schedule 2 - Fee Structure: Detailed fee calculations, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance standards and response times

4. Schedule 4 - Key Personnel: Details of key team members and their qualifications

5. Schedule 5 - Reporting Requirements: Format and frequency of reports and deliverables

6. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and procedures

7. Appendix B - Compliance Procedures: Specific compliance requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Financial Services

Professional Services

Management Consulting

Technology

Manufacturing

Real Estate

Healthcare

Education

Retail

Telecommunications

Energy

Construction

Agriculture

Transportation

Hospitality

Relevant Teams

Legal

Finance

Executive Management

Operations

Strategy

Procurement

Risk Management

Compliance

Corporate Development

Project Management

Business Development

Commercial

Relevant Roles

Chief Executive Officer

Managing Director

Chief Financial Officer

Legal Counsel

Business Development Manager

Operations Director

Strategy Manager

Procurement Manager

Risk Management Officer

Compliance Officer

Finance Director

Company Secretary

Commercial Director

Business Advisor

Management Consultant

Project Manager

Corporate Development 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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