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Advisory Board Engagement Letter Generator for the USA

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Key Requirements PROMPT example:

Advisory Board Engagement Letter

"I need an Advisory Board Engagement Letter for a fintech startup appointing a cybersecurity expert to our advisory board, with quarterly meetings and both cash and equity compensation starting March 2025."

Document background
An Advisory Board Engagement Letter is a crucial document used when companies seek to formally engage experienced professionals in advisory capacities. This document is particularly common in the United States, where companies across various sectors establish advisory boards to provide strategic guidance, industry expertise, and networking opportunities. The letter typically details the scope of involvement, compensation structure, confidentiality requirements, and compliance obligations. It's especially important for maintaining clear expectations and legal protection for both parties, particularly in regulated industries or when equity compensation is involved. The Advisory Board Engagement Letter should be carefully drafted to comply with both federal and state regulations, especially regarding securities laws if equity compensation is included, and corporate governance requirements.
Suggested Sections

1. Opening and Date: Formal letter opening with date and addressee details

2. Role Description: Clear outline of advisory position and responsibilities, including scope of services and expectations

3. Term and Commitment: Duration of engagement, renewal provisions, and expected time commitment (meetings/hours)

4. Compensation: Details of fees, payment terms, and timing of payments

5. Confidentiality: Confidentiality obligations and protection of company information

6. Independent Contractor: Clarification of relationship as independent contractor, not employee

7. Termination: Terms and conditions for termination by either party

8. Governing Law: Jurisdiction and applicable law governing the agreement

Optional Sections

1. Opening and Date: Formal letter opening with date and addressee details

2. Role Description: Clear outline of advisory position and responsibilities, including scope of services and expectations

3. Term and Commitment: Duration of engagement, renewal provisions, and expected time commitment (meetings/hours)

4. Compensation: Details of fees, payment terms, and timing of payments

5. Confidentiality: Confidentiality obligations and protection of company information

6. Independent Contractor: Clarification of relationship as independent contractor, not employee

7. Termination: Terms and conditions for termination by either party

8. Governing Law: Jurisdiction and applicable law governing the agreement

Suggested Schedules

1. Schedule A - Compensation Details: Detailed breakdown of compensation structure including fees, equity, and payment schedule

2. Schedule B - Meeting Schedule: Anticipated meeting dates, frequency, and format of advisory board meetings

3. Schedule C - Confidentiality Agreement: Detailed NDA terms if not fully incorporated in main letter

4. Schedule D - Stock Option Agreement: Detailed terms of equity compensation if applicable

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

Securities Laws: Key federal regulations including Securities Act of 1933, Securities Exchange Act of 1934, Regulation FD, insider trading regulations, and state-specific Blue Sky Laws that govern securities transactions and disclosures.

Corporate Governance: Regulations including Sarbanes-Oxley Act (for public companies), state corporate laws, and internal governance policies that define corporate structure and responsibilities.

Confidentiality and IP: Trade Secrets Act, Defend Trade Secrets Act, and state-specific IP protection laws governing the protection of confidential information and intellectual property.

Employment and Compensation: Internal Revenue Code, state labor laws, IRC Section 409A for deferred compensation, and securities laws related to equity compensation arrangements.

Fiduciary Duties: State-specific laws regarding fiduciary responsibilities and business judgment rule considerations that govern advisory board member obligations.

Conflicts of Interest: State-specific conflict of interest laws and industry-specific regulations governing disclosure and management of potential conflicts.

Indemnification: State laws regarding corporate indemnification and Directors & Officers (D&O) insurance requirements for protection of advisory board members.

Privacy and Data Protection: Federal and state privacy laws, including industry-specific regulations such as HIPAA for healthcare-related matters, governing data handling and protection.

Anti-corruption: Foreign Corrupt Practices Act for international dealings and state anti-corruption laws governing business conduct and transactions.

Industry-Specific Regulations: Specific regulatory requirements based on industry sector (e.g., SEC, FINRA, FDA) that may impact advisory board operations and responsibilities.

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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