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Financial Consultant Contract Template for South Africa

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Key Requirements PROMPT example:

Financial Consultant Contract

"I need a Financial Consultant Contract for an independent wealth management advisor providing services to high-net-worth individuals, with specific provisions for FAIS Act compliance and protection of client confidentiality, to commence from January 2025."

Document background
The Financial Consultant Contract is essential for establishing professional financial advisory relationships within the South African market. This document is typically used when engaging financial consultants or consulting firms to provide specialized financial advisory services, ensuring compliance with the Financial Advisory and Intermediary Services (FAIS) Act and other relevant South African legislation. The contract addresses key aspects such as scope of services, regulatory compliance, professional standards, confidentiality obligations, and risk management. It is particularly important given the regulated nature of financial services in South Africa and the need to protect both the consultant and client while maintaining professional standards in the industry. The document includes specific provisions for FICA compliance, POPIA requirements, and professional indemnity considerations that are unique to the South African context.
Suggested Sections

1. Parties: Identification of the consulting firm/individual and the client, including registration numbers and FAIS license details

2. Background: Context of the agreement and brief overview of the consulting arrangement

3. Definitions: Key terms used throughout the agreement, including specific financial and regulatory terminology

4. Scope of Services: Detailed description of financial consulting services to be provided, including any limitations

5. Term and Termination: Duration of the agreement and conditions for termination by either party

6. Fees and Payment Terms: Compensation structure, payment schedule, and expenses policy

7. Duties and Responsibilities: Specific obligations of the consultant, including FAIS Act compliance requirements

8. Client Obligations: Responsibilities of the client, including provision of information and cooperation

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection: POPIA compliance measures and data handling procedures

11. Professional Standards: Compliance with industry regulations and professional conduct requirements

12. Liability and Indemnification: Limitations of liability and indemnification provisions

13. Dispute Resolution: Procedures for handling disputes and jurisdiction details

14. General Provisions: Standard clauses including notices, amendments, and governing law

Optional Sections

1. Non-Compete: Restrictions on competitive activities, used when the consultant will have access to sensitive business information

2. Insurance: Professional indemnity and other insurance requirements, particularly relevant for high-value consulting arrangements

3. Intellectual Property: IP rights and ownership of deliverables, needed when consultant creates specific materials or methodologies

4. Performance Metrics: Specific KPIs and performance evaluation criteria, useful for long-term or complex engagements

5. Succession Planning: Procedures for handover of responsibilities, relevant for long-term strategic consulting roles

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term contracts

7. Anti-Corruption: Specific anti-corruption and compliance provisions, especially important for international clients

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

2. Schedule B - Scope of Services: Comprehensive description of specific services, deliverables, and timelines

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

4. Schedule D - Compliance Requirements: Specific regulatory and compliance obligations under FAIS and other relevant laws

5. Schedule E - Service Level Agreement: Detailed performance standards and response times

6. Appendix 1 - Required Documentation: List of required documentation for FICA compliance and client onboarding

7. Appendix 2 - Reporting Templates: Standard formats for regular reporting and documentation

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

Banking

Insurance

Investment Management

Wealth Management

Corporate Finance

Risk Management

Financial Technology

Professional Services

Management Consulting

Private Equity

Asset Management

Relevant Teams

Legal

Finance

Compliance

Risk Management

Corporate Development

Treasury

Investment

Business Development

Procurement

Human Resources

Relevant Roles

Financial Consultant

Financial Advisor

Investment Consultant

Wealth Manager

Financial Planner

Risk Management Consultant

Corporate Finance Advisor

Financial Strategy Consultant

Business Development Manager

Compliance Officer

Legal Counsel

Finance Director

Chief Financial Officer

Treasury Manager

Investment Analyst

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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