The Advisory Agreement serves as a foundational document for establishing professional advisory relationships in the Philippines, whether for business consulting, financial advisory, or specialized professional services. This agreement is essential when an individual or organization (the Advisor) agrees to provide professional guidance, recommendations, or expertise to another party (the Client). The document must comply with Philippine legislation, including the Civil Code, Securities Regulation Code, and relevant professional services regulations. An Advisory Agreement typically includes detailed provisions on service scope, confidentiality, professional standards, fees, and liability limitations, while incorporating specific requirements of Philippine business and contract law. It's particularly crucial for regulated advisory services and when handling sensitive client information, requiring careful consideration of data privacy and professional responsibility obligations.
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1. Parties: Identifies and provides full details of the advisor and the client
2. Background: Establishes the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the advisory services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment Terms: Compensation structure, payment schedule, and related terms
7. Obligations of the Advisor: Advisor's duties, responsibilities, and standard of care
8. Obligations of the Client: Client's responsibilities, including information provision and cooperation
9. Confidentiality: Protection and handling of confidential information
10. Intellectual Property: Ownership and usage rights of materials and advice provided
11. Limitation of Liability: Extent and limitations of the advisor's liability
12. Force Majeure: Provisions for unforeseen circumstances preventing performance
13. Governing Law: Specifies Philippine law as governing law and jurisdiction
14. Entire Agreement: Confirms the agreement as the complete understanding between parties
15. Execution: Signature blocks and execution requirements
1. Non-Competition: Restrictions on advisor's ability to work with competing clients - include when exclusivity is required
2. Data Protection: Specific provisions for handling personal data under Philippine Data Privacy Act - include when handling sensitive personal information
3. Regulatory Compliance: Specific regulatory obligations - include when providing regulated services like financial advice
4. Insurance: Professional indemnity insurance requirements - include for high-value or high-risk advisory services
5. Assignment: Rights to transfer the agreement - include when either party might need to assign rights
6. Dispute Resolution: Alternative dispute resolution procedures - include when parties prefer arbitration or mediation
7. Anti-Corruption: Anti-bribery and corruption provisions - include when dealing with government or regulated sectors
8. Change Control: Procedures for changing scope or terms - include for long-term or complex advisory relationships
1. Schedule A - Scope of Services: Detailed breakdown of specific advisory services to be provided
2. Schedule B - Fee Structure: Detailed fee calculations, rates, and payment mechanisms
3. Schedule C - Key Personnel: List of key individuals involved in providing the advisory services
4. Schedule D - Service Levels: Specific performance metrics and service standards
5. Schedule E - Reporting Requirements: Format and frequency of reports to be provided
6. Appendix 1 - Compliance Requirements: Relevant regulatory requirements and compliance procedures
7. Appendix 2 - Communication Protocols: Agreed communication procedures and authorized contacts
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Management Consulting
Professional Services
Investment Banking
Technology Consulting
Healthcare Advisory
Real Estate Advisory
Environmental Consulting
Business Strategy
Corporate Finance
Legal Services
Risk Management
Education Consulting
Human Resources
Relevant Teams
Legal
Compliance
Risk Management
Finance
Business Development
Operations
Strategy
Corporate Development
Professional Services
Advisory Services
Investment Management
Client Relations
Executive Management
Relevant Roles
Chief Executive Officer
Managing Director
Business Consultant
Financial Advisor
Legal Counsel
Compliance Officer
Risk Manager
Strategy Consultant
Investment Advisor
Management Consultant
Business Development Manager
Operations Director
Professional Services Director
Corporate Advisor
Senior Partner
Head of Advisory Services
Chief Financial Officer
General Counsel
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