The Advisory Services Engagement Letter is a crucial document used to formally establish and define the professional relationship between an advisor and their client in India. It serves as the primary contract document outlining the scope of services, deliverables, fees, and terms of engagement. This document is essential when professional advisory services are being provided, whether in finance, strategy, technology, or other specialized fields. The letter must comply with Indian legal requirements, particularly the Indian Contract Act, 1872, and incorporate necessary protections for both parties. It typically includes detailed service descriptions, fee structures, confidentiality provisions, liability limitations, and dispute resolution mechanisms. The engagement letter is particularly important in the Indian context where professional services are increasingly scrutinized for regulatory compliance and clear documentation of terms is essential for both legal and tax purposes.
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1. Letter Header: Professional letterhead, date, reference number, and addressee details
2. Opening Salutation: Formal greeting to the client
3. Purpose Statement: Clear statement of the purpose of the engagement letter
4. Scope of Services: Detailed description of advisory services to be provided
5. Team and Resources: Key personnel assigned and resources to be deployed
6. Fees and Payment Terms: Fee structure, payment schedule, and billing arrangements
7. Timeline: Duration of engagement and key milestones
8. Confidentiality: Confidentiality obligations and information handling
9. Responsibilities: Respective responsibilities of advisor and client
10. Limitation of Liability: Caps on liability and exclusions
11. Termination: Conditions and process for ending the engagement
12. Acceptance: Signature blocks and acceptance confirmation
13. Closing: Professional closing and contact information
1. Conflict of Interest: Required when there are potential conflicts that need disclosure
2. Regulatory Compliance: Include when services involve specific regulatory requirements
3. Third Party Rights: Needed when deliverables might be shared with or relied upon by third parties
4. Force Majeure: Include during uncertain times or for long-term engagements
5. Insurance: Required when professional indemnity insurance details need to be specified
6. Data Protection: Include when handling personal or sensitive data
7. Non-Solicitation: Add when protecting against staff poaching is important
8. Governing Law: Include when working with international clients or cross-border services
1. Schedule A - Detailed Scope of Services: Comprehensive breakdown of services, deliverables, and exclusions
2. Schedule B - Fee Schedule: Detailed fee structure, rates, and payment milestones
3. Schedule C - Team Structure: Detailed team composition, roles, and responsibilities
4. Schedule D - Project Timeline: Detailed project phases and milestone dates
5. Appendix 1 - Standard Terms and Conditions: Standard terms covering general provisions and boilerplate clauses
6. Appendix 2 - Required Documents: List of documents and information required from the client
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