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Advisory Board Agreement Generator for the USA

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Key Requirements PROMPT example:

Advisory Board Agreement

"I need an Advisory Board Agreement for my Series A tech startup, where the advisor will receive both cash compensation and equity, with a one-year term starting January 2025 and quarterly meetings requirement."

Document background
The Advisory Board Agreement serves as a critical document for companies seeking to formalize relationships with industry experts and experienced professionals who can provide strategic guidance without taking on formal board director responsibilities. This agreement, governed by U.S. law, typically outlines the scope of advisory services, meeting attendance requirements, compensation structure (including any equity components), and confidentiality obligations. The document is particularly important for startups and growing companies that need specialized expertise but aren't ready for or don't require full board members. The Advisory Board Agreement helps protect both parties by clearly defining expectations, responsibilities, and limitations of the relationship, while ensuring compliance with relevant securities laws and regulations, especially when equity compensation is involved.
Suggested Sections

1. Parties: Identification of the company and advisor, including full legal names and addresses

2. Background: Context of the advisory relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Services: Scope of advisory services and appointment to the advisory board

5. Term and Termination: Duration of the agreement and termination provisions

6. Compensation: Details of advisor compensation, including fees and expenses

7. Confidentiality: Protection of confidential information

8. Intellectual Property: Ownership and rights to intellectual property

Optional Sections

1. Parties: Identification of the company and advisor, including full legal names and addresses

2. Background: Context of the advisory relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Services: Scope of advisory services and appointment to the advisory board

5. Term and Termination: Duration of the agreement and termination provisions

6. Compensation: Details of advisor compensation, including fees and expenses

7. Confidentiality: Protection of confidential information

8. Intellectual Property: Ownership and rights to intellectual property

Suggested Schedules

1. Schedule A - Services: Detailed description of advisory services to be provided

2. Schedule B - Compensation: Detailed compensation terms, including payment schedule

3. Schedule C - Stock Option Agreement: Terms of equity compensation (if applicable)

4. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Federal Securities Laws: Including Securities Act of 1933, Securities Exchange Act of 1934, and Regulation D requirements. Particularly important when advisor compensation includes equity components.

Employment and Labor Laws: Including Fair Labor Standards Act (FLSA), proper classification of independent contractor vs. employee status, and consideration of state-specific employment regulations.

Intellectual Property Laws: Covering Copyright Act, Patent Act, Trade Secrets Protection (Defend Trade Secrets Act), and state-specific IP protection laws to safeguard company assets.

Tax Laws: Including Internal Revenue Code, state tax regulations, and consideration of tax implications for various compensation structures.

Confidentiality and Privacy Laws: Encompassing trade secret protection laws, state-specific privacy laws, and relevant industry-specific regulations regarding confidentiality.

Corporate Laws: Including state corporate laws, fiduciary duties, and corporate governance requirements that may affect advisory board members.

Contract Laws: Covering state-specific contract laws, Statute of Frauds, and consideration requirements to ensure agreement enforceability.

Industry-Specific Regulations: Particular regulations depending on the industry (such as healthcare or financial services) and related compliance requirements.

Anti-Fraud Provisions: Federal and state anti-fraud statutes, including Sarbanes-Oxley Act considerations for public companies.

Data Protection: Cybersecurity requirements and data privacy regulations that may affect advisor's access to and handling of company information.

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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