The Business Advisor Agreement serves as the primary legal framework for establishing and governing professional advisory relationships in Malaysia. This document is essential when engaging external business advisors or consultants to provide strategic guidance, operational insights, or specialized expertise to organizations. The agreement ensures compliance with Malaysian legal requirements, including the Contracts Act 1950, Companies Act 2016, and relevant regulatory frameworks. It typically includes detailed provisions for service scope, confidentiality, intellectual property protection, and professional liability, while addressing specific Malaysian business and cultural considerations. The document is particularly important for protecting both parties' interests and establishing clear expectations in professional advisory relationships within the Malaysian business context.
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1. Parties: Identification and details of the Advisor and the Client company
2. Background: Context of the agreement and brief description of the parties' intention to enter into an advisory relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope of Services: Terms of appointment and detailed description of advisory services to be provided
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Fees and Payment: Compensation structure, payment terms, and expenses
7. Obligations of the Advisor: Duties, responsibilities, and standard of care expected from the advisor
8. Obligations of the Client: Client's responsibilities and commitments to enable the advisor to perform services
9. Confidentiality: Protection of confidential information and trade secrets
10. Intellectual Property: Ownership and rights to materials and deliverables created during the advisory relationship
11. Limitation of Liability: Extent and limitations of advisor's liability
12. General Provisions: Standard clauses including governing law, notices, and entire agreement
1. Non-Competition: Restrictions on advisor's ability to work with competitors, used when advisor has access to sensitive competitive information
2. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant in long-term advisory relationships
3. Anti-Corruption Compliance: Detailed compliance requirements when dealing with government entities or regulated industries
4. Data Protection: Additional provisions for handling personal data when advisor needs to process significant amounts of personal information
5. Insurance: Requirements for professional indemnity insurance when advisor provides high-risk or regulated services
6. Dispute Resolution: Specific procedures for handling disputes, particularly useful for international advisory relationships
1. Schedule 1: Scope of Services: Detailed breakdown of advisory services to be provided
2. Schedule 2: Fee Structure: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3: Key Personnel: List of key individuals who will provide the advisory services
4. Schedule 4: Service Levels: Specific performance metrics and standards for the advisory services
5. Appendix A: Compliance Requirements: Specific regulatory or industry compliance requirements applicable to the services
6. Appendix B: Reporting Templates: Standard formats for progress reports and other required documentation
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