The Advisor Equity Agreement is a crucial document for companies in Malaysia seeking to formalize relationships with strategic advisors through equity-based compensation. This agreement is particularly relevant for startups and growing companies that want to attract experienced advisors while preserving cash resources. The document complies with Malaysian corporate law, particularly the Companies Act 2016 and Capital Markets and Services Act 2007, and includes essential provisions for equity grants, vesting schedules, service expectations, and protective clauses. It's designed to protect both the company's interests through confidentiality and IP provisions while providing advisors with clear terms regarding their equity compensation. The agreement typically requires approval from the board of directors and may need shareholder approval depending on the company's articles of association.
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1. Parties: Identification of the Company and the Advisor with full legal names and details
2. Background: Context of the agreement and advisor appointment
3. Definitions: Key terms used throughout the agreement
4. Appointment and Role: Scope of advisory services and relationship terms
5. Equity Compensation: Details of equity grant, including number of shares or options
6. Vesting Schedule: Timing and conditions for equity vesting
7. Services and Commitments: Specific duties, time commitment, and performance expectations
8. Confidentiality: Protection of company's confidential information
9. Intellectual Property: Ownership and assignment of IP created during advisory period
10. Term and Termination: Duration of agreement and termination provisions
11. Representations and Warranties: Standard legal assurances from both parties
12. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Non-Competition: Restrictions on advisor's involvement with competing businesses - include if advisor has access to sensitive competitive information
2. Tax Matters: Specific tax handling and responsibilities - include if complex tax implications exist
3. Board Observer Rights: Rights to attend board meetings - include if advisor is granted board observation privileges
4. Expense Reimbursement: Terms for reimbursing advisor expenses - include if advisor will incur reimbursable expenses
5. Insurance: Requirements for professional liability insurance - include if advisor provides specialized professional services
6. Regulatory Compliance: Specific regulatory obligations - include if advisor's role involves regulated activities
1. Schedule 1 - Equity Terms: Detailed terms of equity grant including class of shares, rights, and restrictions
2. Schedule 2 - Vesting Schedule: Detailed vesting timeline and milestone conditions
3. Schedule 3 - Services Description: Detailed scope of advisory services and deliverables
4. Schedule 4 - Share Transfer Form: Template form for executing share transfers
5. Appendix A - Company Articles Extract: Relevant excerpts from company's articles relating to share issuance
6. Appendix B - Confidentiality Terms: Detailed confidentiality obligations and procedures
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