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Advisory Agreement for the United States

Advisory Agreement Template for United States

An Advisory Agreement is a legally binding contract governed by U.S. federal and state laws that establishes the terms and conditions under which an advisor provides professional services to a client. The agreement covers essential elements including scope of services, compensation, confidentiality, term and termination rights, while complying with relevant regulatory requirements such as the Investment Advisers Act of 1940 (when applicable) and state-specific regulations.

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What is a Advisory Agreement?

The Advisory Agreement serves as the primary document governing the relationship between professional advisors and their clients in the United States. This contract type is essential when establishing formal advisory relationships across various sectors, from financial services to management consulting. The agreement typically includes detailed provisions about services offered, compensation structure, confidentiality obligations, and regulatory compliance requirements. It's particularly important in regulated industries where specific disclosures and terms are mandated by federal and state laws.

What sections should be included in a Advisory Agreement?

1. Parties: Identification of the advisor and the client, including legal names and addresses

2. Background: Context of the advisory relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of advisory services to be provided

5. Term and Termination: Duration of agreement and conditions for termination

6. Fees and Payment: Compensation structure and payment terms

7. Confidentiality: Protection of confidential information

8. Representations and Warranties: Standard declarations about capacity and authority

What sections are optional to include in a Advisory Agreement?

1. Investment Authority: Required if advisor has discretionary authority over client assets

2. Regulatory Disclosures: Required disclosures under applicable regulations

3. Non-Competition: Restrictions on competitive activities

4. Insurance Requirements: Required insurance coverage

What schedules should be included in a Advisory Agreement?

1. Schedule of Services: Detailed breakdown of specific services to be provided

2. Fee Schedule: Detailed breakdown of fees and payment structure

3. Regulatory Disclosures: Required regulatory statements and disclosures

4. Key Personnel: List of key individuals providing advisory services

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Clauses






























Industries

Investment Advisers Act of 1940: Federal law that regulates investment advisers. Critical if the advisory services involve investment advice or portfolio management.

Securities Acts (1933 & 1934): Federal laws governing securities trading and markets. Relevant if the advisory services involve securities-related advice or transactions.

Dodd-Frank Act: Comprehensive financial reform legislation that affects financial advisors and introduces additional regulatory requirements.

Federal Trade Commission Act: Protects against unfair or deceptive practices in business and commerce, including advisory services.

State Blue Sky Laws: State-specific securities regulations that govern investment advisory services within each state's jurisdiction.

State Business Advisory Regulations: State-specific rules governing business advisory services and professional conduct requirements.

State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation.

Professional Licensing Requirements: State and federal requirements for professional licensing and certification of advisors.

FINRA Regulations: Financial Industry Regulatory Authority rules governing financial advisors and securities industry professionals.

Fiduciary Duty Laws: Legal framework establishing the fiduciary responsibilities of advisors to act in their clients' best interests.

Gramm-Leach-Bliley Act: Federal law governing the handling and protection of private financial information.

State Data Privacy Laws: State-specific regulations regarding the collection, storage, and protection of client data.

Fair Labor Standards Act: Federal law governing employment relationships, important for determining advisor classification as employee or contractor.

IRS Independent Contractor Guidelines: Federal tax guidelines defining the classification and treatment of independent contractors versus employees.

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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