The Board of Advisors Agreement is a crucial document for companies operating under Dutch law who seek to formally engage external experts in an advisory capacity. This agreement is typically used when a company wants to establish an advisory board to provide strategic guidance, industry expertise, or specialized knowledge without creating an employment relationship or formal board position. The document ensures compliance with Dutch corporate governance requirements while clearly defining the advisor's role, responsibilities, compensation, and obligations regarding confidentiality and conflicts of interest. It's particularly important for growing companies, those entering new markets, or organizations requiring specific expertise for strategic decision-making. The agreement protects both the company's interests and the advisor's position by establishing clear boundaries and expectations within the Dutch legal framework.
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1. Parties: Identification of the company and the advisor, including full legal names, addresses, and registration details
2. Background: Context of the appointment, brief description of the company, and reason for establishing the advisory relationship
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Confidential Information', 'Intellectual Property Rights', and 'Board of Advisors'
4. Appointment and Term: Formal appointment of the advisor, duration of the appointment, and renewal provisions
5. Role and Responsibilities: Detailed description of advisory duties, meeting attendance requirements, and expected time commitment
6. Services: Specific advisory services to be provided, including areas of expertise and scope of advice
7. Compensation: Details of advisory fees, meeting fees, expense reimbursement, and payment terms
8. Independent Contractor Status: Clear statement that the advisor is an independent contractor and not an employee
9. Confidentiality: Obligations regarding confidential information, including duration of confidentiality obligations
10. Intellectual Property: Ownership and assignment of intellectual property created during the advisory relationship
11. Conflicts of Interest: Provisions for disclosing and handling potential conflicts of interest
12. Termination: Circumstances and procedures for terminating the agreement
13. General Provisions: Standard legal provisions including governing law, notices, amendments, and entire agreement
1. Non-Competition: Restrictions on competing activities, recommended when advisor has access to sensitive strategic information
2. Share-Based Compensation: Terms for any equity compensation, needed if advisor receives shares or options
3. Insurance and Indemnification: Provisions for liability insurance and indemnification, important for high-risk industries
4. Data Protection: Specific GDPR compliance provisions, necessary when advisor handles personal data
5. Corporate Governance Compliance: Additional provisions for listed companies or regulated industries
6. Force Majeure: Provisions for unforeseen circumstances preventing performance
7. Anti-Corruption Compliance: Required for international businesses or when dealing with public sector
8. Successors and Assigns: Provisions regarding transfer of rights, important for long-term agreements
1. Schedule A - Services Description: Detailed outline of specific advisory services and areas of expertise
2. Schedule B - Compensation Terms: Detailed breakdown of all compensation elements including fees, expenses, and payment procedures
3. Schedule C - Meeting Schedule: Expected frequency and format of advisory board meetings
4. Schedule D - Confidentiality Agreement: Detailed confidentiality terms and procedures
5. Schedule E - Share Option Terms: Details of any share-based compensation (if applicable)
6. Appendix 1 - Company Policies: Relevant company policies applicable to advisors
7. Appendix 2 - Conflict of Interest Declaration: Template for declaring potential conflicts of interest
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