The Financial Advisory Services Agreement is essential for any entity providing financial advisory services in Saudi Arabia. It is specifically designed to comply with Capital Market Authority (CMA) regulations, Shariah law principles, and Saudi Arabian commercial law. This document is typically used when establishing a professional relationship between financial advisors and their clients, whether corporate, institutional, or individual. The agreement covers crucial aspects including service scope, fee structures, regulatory compliance, risk management, and confidentiality obligations. It's particularly important as Saudi Arabia continues to develop its financial markets under Vision 2030, requiring robust documentation that balances international financial advisory standards with local regulatory requirements and Islamic financial principles.
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1. Parties: Identification of the financial advisor and the client, including their full legal names, commercial registration numbers, and authorized representatives
2. Background: Context of the agreement, including advisor's licensing status with CMA and confirmation of Shariah compliance
3. Definitions: Key terms used throughout the agreement, including regulatory-specific and Shariah-compliant financial terms
4. Scope of Services: Detailed description of the financial advisory services to be provided, including any Shariah-compliant investment advice
5. Advisor's Obligations: Key responsibilities including compliance with CMA regulations, maintaining licenses, and Shariah principles
6. Client's Obligations: Client's responsibilities including information provision, cooperation, and fee payment
7. Fees and Payment: Fee structure, payment terms, and expenses, structured in compliance with Shariah principles
8. Representations and Warranties: Standard and regulatory-specific representations, including CMA compliance and Shariah adherence
9. Confidentiality: Confidentiality obligations and data protection requirements under Saudi law
10. Compliance with Laws: Specific provisions regarding compliance with CMA regulations, AML laws, and Shariah principles
11. Term and Termination: Duration of the agreement and termination provisions
12. Liability and Indemnification: Limitations of liability and indemnification provisions compliant with Saudi law
13. Governing Law and Jurisdiction: Saudi law as governing law and jurisdiction of Saudi courts/dispute resolution
14. General Provisions: Standard boilerplate provisions adapted to Saudi law requirements
1. Shariah Advisory: Required when the services include specific Shariah compliance advisory
2. Investment Execution: Include when the advisor may execute transactions on behalf of the client
3. Research Services: Include when providing market research and analysis services
4. Online Services: Required when providing digital platform access or online advisory services
5. Sub-Advisory Arrangements: Include when the advisor may engage sub-advisors
6. International Services: Required when providing cross-border advisory services
7. Force Majeure: Optional but recommended for long-term advisory relationships
8. Non-Competition: Include when protecting advisor's client relationships is crucial
1. Schedule 1 - Services Description: Detailed breakdown of all advisory services to be provided
2. Schedule 2 - Fee Schedule: Detailed fee structure, calculation methods, and payment terms
3. Schedule 3 - Authorized Representatives: List of authorized persons who can give/receive instructions
4. Schedule 4 - Compliance Requirements: Specific CMA and other regulatory compliance requirements
5. Schedule 5 - Service Level Agreement: Performance metrics and service standards
6. Appendix A - Required Disclosures: Mandatory CMA and regulatory disclosures
7. Appendix B - Client Risk Profile: Client's investment objectives and risk tolerance assessment
8. Appendix C - Shariah Guidelines: Specific Shariah compliance requirements and principles
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