The Business Advisory Agreement is a crucial document used in Hong Kong's business environment when establishing a formal advisory relationship between professional consultants and their clients. It serves as the primary contract governing the provision of business advisory services, incorporating specific requirements under Hong Kong law and local business practices. This agreement is particularly important in Hong Kong's dynamic business landscape, where professional advisory services play a vital role in supporting local and international businesses. The document typically includes detailed provisions on service scope, fees, confidentiality, intellectual property rights, and compliance with Hong Kong regulations, making it essential for both advisory firms and their clients to protect their interests and ensure clear understanding of their business relationship.
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1. Parties: Identifies and provides full details of the parties entering into the agreement (Advisor and Client)
2. Background: Sets out the context of the agreement and brief description of the parties' intention to enter into an advisory relationship
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Appointment and Scope of Services: Details the formal appointment of the advisor and comprehensive description of services to be provided
5. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated
6. Fees and Payment Terms: Outlines the fee structure, payment schedule, and related payment terms
7. Obligations of the Advisor: Lists the advisor's duties, responsibilities, and service standards
8. Obligations of the Client: Specifies client's responsibilities, including provision of information and cooperation
9. Confidentiality: Details confidentiality obligations and handling of sensitive information
10. Intellectual Property: Addresses ownership and usage rights of any IP created during the advisory relationship
11. Liability and Indemnification: Sets out liability limitations and indemnification provisions
12. Force Majeure: Addresses circumstances beyond parties' control affecting performance
13. General Provisions: Contains standard boilerplate clauses including notices, amendments, and governing law
14. Execution: Signature blocks and execution formalities
1. Non-Competition: Restricts advisor from providing services to client's competitors - include when protecting competitive advantage is crucial
2. Non-Solicitation: Prevents poaching of employees/clients - include for high-level advisory relationships
3. Insurance: Specifies required insurance coverage - include for high-risk advisory services
4. Data Protection: Detailed data handling procedures - include when personal data processing is involved
5. Compliance with Laws: Specific regulatory compliance obligations - include for regulated industries
6. Key Personnel: Identifies specific individuals responsible for service delivery - include when continuity of personnel is important
7. Service Levels: Detailed performance metrics - include when specific service standards need to be measured
8. Dispute Resolution: Specific dispute resolution procedures - include when alternative dispute resolution is preferred
1. Schedule 1 - Scope of Services: Detailed breakdown of specific advisory services to be provided
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and service standards
4. Schedule 4 - Key Personnel: Details of key team members and their roles
5. Schedule 5 - Client Materials: List of materials and information to be provided by the client
6. Appendix A - Report Templates: Standard formats for deliverables and reports
7. Appendix B - Communication Protocol: Procedures for routine communications and escalations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Management Consulting
Financial Services
Technology
Healthcare
Manufacturing
Retail
Real Estate
Education
Telecommunications
Energy
Environmental Services
Transportation
Hospitality
Construction
Import/Export
Relevant Teams
Legal
Compliance
Finance
Operations
Strategy
Business Development
Risk Management
Procurement
Executive Management
Commercial
Corporate Secretariat
Project Management
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Chief Financial Officer
Legal Counsel
Compliance Officer
Operations Director
Strategy Manager
Management Consultant
Business Advisor
Corporate Secretary
Risk Manager
Project Manager
Commercial Director
Procurement Manager
Business Owner
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