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Advisor Agreement Template for Nigeria

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Key Requirements PROMPT example:

Advisor Agreement

I need an advisor agreement for a consultant who will provide strategic guidance on business development for a startup, with a focus on market entry strategies in West Africa. The agreement should include a monthly retainer, confidentiality clause, and a termination notice period of 30 days.

What is an Advisor Agreement?

An Advisor Agreement spells out the terms when a company brings on an expert consultant or advisor to help guide business decisions. In Nigeria, these contracts protect both parties by clearly defining the advisor's role, compensation, and duties under the Companies and Allied Matters Act (CAMA).

The agreement typically covers key aspects like confidentiality requirements, intellectual property rights, and the scope of advisory services. For Nigerian businesses, it's especially important to include provisions about regulatory compliance, particularly when dealing with sectors like banking or telecommunications where specific expertise is needed to navigate local regulations.

When should you use an Advisor Agreement?

Use an Advisor Agreement when bringing experienced professionals into your Nigerian business for strategic guidance, especially in specialized areas like fintech, oil and gas, or telecommunications. This agreement becomes essential before sharing sensitive company information or when seeking expert input on major business decisions.

The timing is crucial when expanding into regulated industries, launching new products, or navigating complex market conditions. Nigerian companies often need these agreements when seeking compliance expertise, during fundraising rounds, or while developing growth strategies that require specific industry knowledge. Having it in place before the advisor starts work protects both parties' interests and sets clear expectations.

What are the different types of Advisor Agreement?

Who should typically use an Advisor Agreement?

  • Business Owners: Nigerian entrepreneurs and company directors who need specialized expertise for growth, compliance, or strategic decisions
  • Industry Experts: Seasoned professionals offering guidance in specific sectors like fintech, oil and gas, or telecommunications
  • Legal Counsel: Corporate lawyers who draft and review Advisor Agreements to ensure compliance with Nigerian regulations
  • Corporate Secretaries: Responsible for maintaining agreement records and ensuring proper execution
  • Board Members: Often involved in approving advisor appointments and reviewing agreement terms for significant engagements

How do you write an Advisor Agreement?

  • Advisor Details: Gather full contact information, qualifications, and expertise relevant to the engagement
  • Scope Definition: Outline specific services, deliverables, and expected outcomes of the advisory relationship
  • Timeline Planning: Define the duration, key milestones, and any renewal terms for the engagement
  • Compensation Structure: Document fees, payment schedules, and any performance-based incentives
  • Compliance Check: Ensure alignment with Nigerian corporate laws and industry-specific regulations
  • Documentation: Collect necessary business registration documents and professional certifications
  • Review Process: Use our platform to generate a customized agreement that includes all required elements

What should be included in an Advisor Agreement?

  • Party Information: Full legal names, registered addresses, and business registration details
  • Scope of Services: Detailed description of advisory duties, deliverables, and performance metrics
  • Term and Termination: Duration, renewal options, and conditions for early termination
  • Compensation Terms: Fee structure, payment schedule, and expense reimbursement policies
  • Confidentiality Clause: Protection of sensitive business information and trade secrets
  • Non-Compete Provisions: Restrictions on competing activities during and after the engagement
  • Dispute Resolution: Nigerian jurisdiction choice and conflict resolution procedures
  • Signature Block: Clear identification of authorized signatories and execution date

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

An Advisor Agreement differs significantly from an Agency Agreement, though they're often confused in Nigerian business contexts. While both involve professional relationships, their scope and legal implications vary considerably.

  • Authority Level: Advisors provide guidance and recommendations but can't legally bind the company, while agents have explicit authority to act on behalf of the principal
  • Liability Scope: Advisors typically face limited liability for their recommendations, whereas agents can create direct legal obligations for their principals
  • Duration and Commitment: Advisory relationships are often project-based or periodic, while agency relationships usually involve ongoing operational involvement
  • Compensation Structure: Advisors typically receive fixed fees or retainers, while agents often work on commission or success-based arrangements
  • Regulatory Framework: Agency relationships face stricter regulation under Nigerian commercial law regarding fiduciary duties and third-party dealings

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