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Financial Advisory Agreement for Philippines

Financial Advisory Agreement Template for Philippines

A comprehensive agreement governed by Philippine law that establishes the professional relationship between a financial advisor and their client. The document outlines the scope of financial advisory services, fee structures, responsibilities of both parties, and compliance requirements under Philippine regulations, particularly the Securities Regulation Code and relevant BSP circulars. It includes provisions for confidentiality, data protection, risk disclosures, and termination conditions while ensuring alignment with local financial services regulations and consumer protection laws.

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What is a Financial Advisory Agreement?

The Financial Advisory Agreement is a crucial document used in the Philippine financial services industry to formalize the relationship between financial advisors and their clients. It is essential when providing professional financial advisory services, whether for individual wealth management, corporate finance, or institutional investment advice. The agreement must comply with Philippine regulations, including the Securities Regulation Code, BSP guidelines, and the Financial Products and Services Consumer Protection Act. It typically covers comprehensive details about service scope, fee structures, advisor obligations, client responsibilities, risk disclosures, and regulatory compliance requirements. This document is particularly important given the increasing complexity of financial markets and the need for clear documentation of advisory relationships in the Philippine context.

What sections should be included in a Financial Advisory Agreement?

1. Parties: Identifies and provides full details of the Financial Advisor and the Client, including registration numbers, addresses, and authorized representatives

2. Background: Explains the context of the agreement, including the advisor's qualifications and the client's desire to receive financial advisory services

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation

4. Scope of Services: Detailed description of the financial advisory services to be provided, including specific inclusions and exclusions

5. Appointment and Authority: Formal appointment of the advisor and extent of their authority to act on behalf of the client

6. Advisor's Obligations: Comprehensive list of the advisor's duties, responsibilities, and standard of care

7. Client's Obligations: Client's responsibilities, including providing accurate information and required documentation

8. Fees and Payment Terms: Detailed breakdown of all fees, payment schedule, and payment methods

9. Confidentiality: Provisions for protecting confidential information and compliance with data privacy laws

10. Conflicts of Interest: Disclosure requirements and management of potential conflicts of interest

11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

12. Liability and Indemnification: Extent of advisor's liability and mutual indemnification provisions

13. Regulatory Compliance: Commitment to comply with relevant laws and regulations, including SEC requirements

14. Notices: Process and requirements for formal communications between parties

15. General Provisions: Standard clauses including governing law, entire agreement, amendments, and severability

What sections are optional to include in a Financial Advisory Agreement?

1. Investment Policy Statement: Used when the agreement includes investment management services, outlining investment objectives and constraints

2. Research Services: Include when providing specific research or market analysis services

3. Performance Reporting: Add when regular performance reporting is part of the service offering

4. Sub-Advisory Arrangements: Include when other advisors or specialists may be engaged

5. Online Services Access: Include when providing access to online platforms or tools

6. International Services: Add when advisory services extend to international investments or cross-border advice

7. Force Majeure: Include when there's a need to address unforeseen circumstances or events beyond parties' control

What schedules should be included in a Financial Advisory Agreement?

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

2. Schedule B - Scope of Services: Comprehensive list of specific services to be provided under the agreement

3. Schedule C - Authorized Representatives: List of individuals authorized to act on behalf of each party

4. Schedule D - Investment Guidelines: Specific investment parameters and restrictions, if applicable

5. Appendix 1 - Risk Disclosure Statement: Required regulatory disclosures about investment risks

6. Appendix 2 - Compliance Requirements: Specific regulatory requirements and compliance procedures

7. Appendix 3 - Service Level Standards: Detailed performance metrics and service standards

8. Appendix 4 - Privacy Policy: Detailed policies regarding handling of client information and data protection measures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Philippines

Document Type

Advisory Agreement

Cost

Free to use

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