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Consulting Commission Agreement Template for Malaysia

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Key Requirements PROMPT example:

Consulting Commission Agreement

"I need a Consulting Commission Agreement for engaging a technology consultant who will help implement our new cloud infrastructure starting March 2025, with a commission structure based on achieved cost savings and system performance improvements."

Document background
The Consulting Commission Agreement is a specialized contract used in Malaysia when engaging consultants on a commission-based compensation structure. This document is essential when organizations seek to formalize relationships with consultants where payment is tied to specific outcomes, sales, or performance metrics. It addresses key aspects required under Malaysian law, including service scope, commission calculations, payment terms, and compliance requirements. The agreement is particularly relevant in scenarios involving business development, sales consulting, or performance-based advisory services. It incorporates necessary protections under Malaysian legislation, including the Contracts Act 1950 and Service Tax Act 2018, while providing flexibility to accommodate various consulting arrangements and industry-specific requirements.
Suggested Sections

1. Parties: Identification of the consulting firm/individual and the client company, including registration numbers and addresses

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

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope of Services: Formal appointment of consultant and detailed description of services to be provided

5. Term and Termination: Duration of the agreement and circumstances for termination

6. Commission Structure: Detailed explanation of commission calculations, rates, and payment terms

7. Payment Terms: Timeline and method of commission payments, including invoicing requirements

8. Obligations of the Consultant: Specific duties, responsibilities, and performance standards

9. Obligations of the Client: Client's responsibilities, including provision of information and support

10. Confidentiality: Protection of confidential information and trade secrets

11. Intellectual Property: Ownership and usage rights of any IP created during the consultation

12. Representations and Warranties: Parties' assurances regarding capacity, authority, and compliance

13. Limitation of Liability: Extent and limitations of consultant's liability

14. Force Majeure: Provisions for unforeseen circumstances affecting performance

15. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction

16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

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

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

3. Insurance: Requirements for professional indemnity or other insurance, important for high-risk consulting services

4. Anti-Corruption Compliance: Detailed anti-corruption provisions, particularly important for government-related work or high-value contracts

5. Exclusivity: Terms regarding exclusive rights to provide certain services, used when requiring dedicated consulting arrangements

6. Performance Metrics: Specific KPIs and performance measurement criteria, useful for performance-based commission structures

7. Training and Support: Details of any training or support to be provided, relevant for complex consulting arrangements

8. Dispute Resolution: Alternative dispute resolution procedures, important for high-value or international contracts

Suggested Schedules

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

2. Schedule 2 - Commission Rates and Calculations: Detailed commission structure, including rates, tiers, and calculation methods

3. Schedule 3 - Service Level Agreement: Specific performance standards and metrics

4. Schedule 4 - Reporting Requirements: Templates and timing for required reports and documentation

5. Schedule 5 - Key Personnel: List of key consultants and their qualifications

6. Appendix A - Commission Report Template: Standard format for monthly/quarterly commission reports

7. Appendix B - Confidential Information: Specific list of information deemed confidential

8. Appendix C - Compliance Requirements: Specific regulatory or industry compliance requirements

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

Technology

Manufacturing

Real Estate

Healthcare

Education

Professional Services

Retail

Telecommunications

Energy

Construction

Agriculture

Mining

Transportation

Tourism

Digital Commerce

Relevant Teams

Legal

Finance

Human Resources

Procurement

Business Development

Sales

Operations

Compliance

Commercial

Strategy

Marketing

Contract Administration

Risk Management

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Sales Director

Procurement Manager

Legal Counsel

Contract Manager

Finance Director

Human Resources Director

Operations Manager

Project Manager

Compliance Officer

Commercial Director

Strategy Consultant

Business Consultant

Sales Consultant

Marketing Director

Department Head

Regional 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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