The Advisory Agreement serves as the primary contractual framework for professional advisory relationships in Switzerland. This document is essential when establishing formal advisory arrangements, whether for business consulting, financial advisory, or professional services. It ensures compliance with Swiss legal requirements, particularly the Code of Obligations (OR/CO) Articles 394-406 governing mandate agreements. The agreement should be used whenever a professional advisor or advisory firm undertakes to provide ongoing or project-based advisory services to clients. It includes crucial provisions for service scope, fees, confidentiality, data protection, and regulatory compliance, with additional considerations for financial services under FinSA/FinIA where applicable. The document's structure accommodates various advisory contexts while maintaining alignment with Swiss legal standards and business practices.
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1. Parties: Identification of the advisor and the client, including full legal names, addresses, and registration details
2. Background: Context of the advisory relationship and brief description of the parties' intent
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of advisory services to be provided
5. Duties and Responsibilities of the Advisor: Specific obligations, including duty of care, loyalty, and compliance with applicable regulations
6. Client's Obligations: Client's responsibilities, including providing accurate information and necessary cooperation
7. Fees and Payment Terms: Compensation structure, payment schedule, and expense reimbursement
8. Term and Termination: Duration of the agreement and termination provisions
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Data Protection: Compliance with Swiss data protection laws and data handling procedures
11. Liability and Indemnification: Extent of advisor's liability and any indemnification provisions
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Regulatory Compliance: Required when providing regulated financial services under FinSA/FinIA
2. Investment Guidelines: Include when advisory services involve investment recommendations
3. Conflict of Interest: Detailed section needed when advisor provides services to multiple clients in similar industries
4. Intellectual Property: Required when advisory services involve creation or use of intellectual property
5. Non-Competition: Include when protecting against competitive activities is relevant
6. Insurance: Detailed insurance requirements when professional liability coverage is crucial
7. Force Majeure: Include when long-term advisory services are contemplated
8. Assignment and Delegation: Required when either party may need to transfer rights or obligations
1. Schedule of Services: Detailed breakdown of specific advisory services to be provided
2. Fee Schedule: Detailed fee structure, rates, and payment terms
3. Key Personnel: List of key individuals responsible for providing advisory services
4. Reporting Requirements: Format and frequency of reports to be provided to the client
5. Compliance Procedures: Detailed compliance protocols and requirements
6. Client Information Form: Required client information and know-your-client documentation
7. Data Processing Agreement: Detailed provisions for handling personal data in compliance with FADP
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Management Consulting
Professional Services
Technology
Healthcare
Industrial
Real Estate
Energy
Education
Corporate Advisory
Investment Management
Family Office Services
Business Strategy
Digital Transformation
Sustainability Consulting
Relevant Teams
Legal
Compliance
Business Development
Advisory Services
Operations
Risk Management
Client Relations
Contracts Administration
Finance
Professional Services
Investment Management
Strategy Consulting
Relevant Roles
Chief Executive Officer
Managing Director
Legal Counsel
Compliance Officer
Business Development Manager
Financial Advisor
Management Consultant
Strategy Consultant
Investment Advisor
Professional Services Director
Risk Manager
Contract Manager
Operations Director
Chief Financial Officer
Head of Advisory Services
Partner
Senior Consultant
Client Relationship Manager
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