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Business Advisor Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Business Advisor Agreement

"I need a Business Advisor Agreement for engaging a technology strategy consultant who will help our Hong Kong fintech startup with expansion plans into Southeast Asia, including provisions for protecting our IP and ensuring compliance with financial services regulations."

Document background
The Business Advisor Agreement is a crucial document for companies seeking to engage professional advisors in Hong Kong. It is typically used when a company requires specialized expertise or strategic guidance but prefers a contractual relationship rather than an employment arrangement. The agreement carefully delineates the advisor's role, responsibilities, and relationship with the company to avoid potential classification as an employment relationship under Hong Kong law. It includes essential provisions for protecting confidential information, establishing clear deliverables, and setting compensation terms. The document is particularly important in Hong Kong's business environment, where professional advisory services often involve cross-border considerations and must comply with local regulatory requirements, including the Employment Ordinance, Personal Data (Privacy) Ordinance, and relevant financial services regulations where applicable.
Suggested Sections

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

2. Background: Context of the agreement, brief description of the company's business and need for advisory services

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Confidential Information', 'Intellectual Property', etc.

4. Appointment and Term: Scope of appointment, duration, and renewal terms

5. Services: Detailed description of advisory services to be provided

6. Advisor's Obligations: Key responsibilities, standards of service, and compliance requirements

7. Company's Obligations: Company's responsibilities, including provision of information and support

8. Fees and Payment: Compensation structure, payment terms, expenses, and invoicing

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Intellectual Property: Ownership and rights to materials created during the engagement

11. Liability and Indemnification: Limitation of liability and mutual indemnification provisions

12. Termination: Grounds for termination, notice periods, and consequences

13. General Provisions: Standard boilerplate clauses including notices, amendments, governing law

Optional Sections

1. Non-Competition: Restrictions on advisor's activities with competitors - include when advisor will have access to highly sensitive competitive information

2. Non-Solicitation: Restrictions on soliciting employees or clients - include when advisor will have significant client or employee contact

3. Insurance: Requirements for professional indemnity insurance - include when services involve high-risk advice

4. Compliance with Securities Laws: Special provisions for securities law compliance - include when advisor will deal with listed companies or financial advice

5. Data Protection: Detailed data handling requirements - include when advisor will process personal data

6. Anti-Corruption Compliance: Detailed anti-bribery provisions - include when advisor will deal with government entities or public officials

7. Force Majeure: Provisions for unforeseen circumstances - include when long-term or critical services are involved

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of advisory services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment structures

3. Schedule 3 - Key Personnel: List of key individuals providing services and their qualifications

4. Schedule 4 - Service Levels: Specific performance metrics and service standards

5. Appendix A - Compliance Policies: Relevant company policies the advisor must comply with

6. Appendix B - Reporting Requirements: Templates and requirements for regular reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Technology

Manufacturing

Real Estate

Professional Services

Healthcare

Retail

Energy

Telecommunications

Education

Logistics

Construction

Relevant Teams

Legal

Finance

Strategy

Corporate Development

Business Development

Operations

Procurement

Risk Management

Compliance

Human Resources

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Counsel

Head of Strategy

Business Development Director

Management Consultant

Strategic Advisor

Industry Expert

Technical Specialist

Corporate Development Manager

Investment Advisor

Operations Director

Project Manager

Risk Management Officer

Compliance Officer

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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