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Financial Consulting Services Agreement Generator for the USA

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Key Requirements PROMPT example:

Financial Consulting Services Agreement

"Need a Financial Consulting Services Agreement for my boutique investment advisory firm to provide strategic financial planning services to small businesses, with specific emphasis on compliance with SEC regulations and protection of proprietary analytical methods."

Document background

The Financial Consulting Services Agreement serves as a comprehensive framework for establishing professional relationships between financial consultants and their clients in the United States. This document is essential when engaging financial advisory services, whether for business strategy, investment guidance, or financial planning. The agreement ensures compliance with federal regulations including the Investment Advisers Act, state-specific requirements, and relevant industry standards. It typically includes detailed provisions about service scope, compensation, confidentiality, regulatory compliance, and risk management. The Financial Consulting Services Agreement is particularly crucial in protecting both parties' interests while ensuring transparency and regulatory compliance in the delivery of financial advisory services.

Suggested Sections

1. Parties: Identifies and defines the parties entering into the agreement, including their legal names, addresses, and roles

2. Background/Recitals: Provides context and purpose of the agreement, including any relevant background information

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the specific financial consulting services to be provided

5. Fees and Payment Terms: Outlines compensation structure, payment schedule, and related terms

6. Term and Termination: Specifies agreement duration and conditions for termination

7. Confidentiality: Addresses handling of confidential information and trade secrets

8. Representations and Warranties: States parties' assertions about their qualifications and authority

Optional Sections

1. Non-Competition: Restricts consultant from competing activities when protecting business interests is crucial

2. Insurance Requirements: Specifies required insurance coverage when services involve significant financial risk

3. Intellectual Property Rights: Addresses ownership of work products when consultant develops proprietary materials

4. Regulatory Compliance: Details specific regulatory obligations when services are heavily regulated

Suggested Schedules

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

2. Schedule B - Fee Schedule: Detailed fee structure and payment terms

3. Schedule C - Key Personnel: List of key team members and their qualifications

4. Appendix 1 - Compliance Requirements: Specific regulatory requirements and compliance procedures

5. Appendix 2 - Service Level Agreement: Performance metrics and service standards

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

Investment Advisers Act of 1940: Federal law that regulates investment advisers. Must be considered if the financial consulting services include investment advice.

Securities Exchange Act of 1934: Federal law governing securities trading and broker-dealer registration. Relevant if the consulting services involve securities.

Dodd-Frank Act: Comprehensive financial reform legislation that enhanced financial regulation and consumer protection after the 2008 financial crisis.

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering when handling financial transactions.

AML Regulations: Anti-Money Laundering regulations that require financial institutions to maintain programs to detect and report suspicious activity.

USA PATRIOT Act: Includes provisions for strengthening anti-money laundering programs and customer identification procedures in financial services.

Blue Sky Laws: State-specific securities regulations that govern the offering and sale of securities to protect investors from fraudulent activities.

State Registration Requirements: State-specific requirements for registering as a financial advisor or consultant in the jurisdiction of operation.

Professional Standards: Including CFA Institute Code of Ethics, FINRA regulations, and CFP Board standards that govern professional conduct in financial services.

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data.

State Contract Laws: General contract formation and enforcement laws that vary by state and govern the basic validity of the agreement.

Statute of Frauds: State law requirements that certain contracts must be in writing to be enforceable.

Independent Contractor Regulations: IRS guidelines and state laws determining proper classification and treatment of independent contractors versus employees.

Federal Trade Commission Act: Prohibits unfair or deceptive practices in commerce, including financial services marketing and delivery.

UDAAP: Regulations prohibiting Unfair, Deceptive, or Abusive Acts or Practices in financial services, enforced by the CFPB.

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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