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Advisor Agreement Template for Belgium

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Key Requirements PROMPT example:

Advisor Agreement

I need an advisor agreement for a consultant who will provide strategic guidance on a part-time basis for a period of 12 months, with a focus on digital marketing strategies. The agreement should include a confidentiality clause, a monthly retainer fee, and a termination notice period of 30 days.

What is an Advisor Agreement?

An Advisor Agreement sets out the formal relationship between a company and its professional advisor, laying down the terms for strategic guidance, consulting work, or expert input. In Belgium, these contracts typically outline compensation, confidentiality obligations, and intellectual property rights while following strict Belgian labor and contract laws.

Companies use these agreements to protect both parties' interests when bringing in external expertise, from financial consultants to technical specialists. The document specifies key details like service scope, payment terms, and duration, while ensuring compliance with Belgian social security and tax regulations. It's particularly important for maintaining clear boundaries between independent advisors and employees under Belgian employment law.

When should you use an Advisor Agreement?

Use an Advisor Agreement when bringing external experts into your Belgian company for strategic guidance, consulting work, or specialized knowledge. This becomes essential before engaging advisors for projects like business restructuring, technology implementation, or market expansion—especially when sharing sensitive company information or intellectual property.

The agreement proves particularly valuable when working with high-level consultants, board advisors, or industry specialists who aren't regular employees. It helps prevent misunderstandings about roles, protects confidential information, and ensures compliance with Belgian tax and social security regulations. Having it in place before the advisor starts work safeguards both parties and clarifies expectations from day one.

What are the different types of Advisor Agreement?

  • Basic Advisory Services: A straightforward agreement for general business consulting or strategic guidance, typically used for short-term projects or specific expertise needs.
  • Technical Expert Agreement: Focuses on specialized technical or industry-specific consulting, with detailed scope-of-work and deliverables sections.
  • Board Advisory Agreement: Used for ongoing strategic advisors who work closely with the board, including governance provisions and conflict-of-interest clauses.
  • Project-Based Agreement: Structured around specific projects or milestones, with clear timelines and success metrics.
  • Startup Advisory Agreement: Often includes equity compensation options and intellectual property provisions, tailored for early-stage companies seeking guidance.

Who should typically use an Advisor Agreement?

  • Companies and Organizations: Belgian businesses seeking external expertise, from startups to established corporations, who need specialized guidance while managing legal and financial risks.
  • Professional Advisors: Industry experts, consultants, and strategic advisors who provide specialized knowledge while maintaining independent contractor status under Belgian law.
  • Legal Counsel: In-house or external lawyers who draft and review Advisor Agreements to ensure compliance with Belgian employment and contract laws.
  • Board Members: Directors who approve advisory relationships and oversee their alignment with company strategy.
  • HR Departments: Teams managing advisor relationships and ensuring proper documentation of non-employee arrangements.

How do you write an Advisor Agreement?

  • Advisor Details: Collect full contact information, professional qualifications, and tax/VAT numbers for compliance with Belgian regulations.
  • Scope Definition: Outline specific services, deliverables, and expected time commitment in clear, measurable terms.
  • Compensation Structure: Document fee arrangements, payment schedules, and expense reimbursement policies following Belgian tax requirements.
  • Project Timeline: Define start date, duration, key milestones, and renewal/termination conditions.
  • Confidentiality Needs: Identify sensitive information the advisor will access and specific protection requirements.
  • Legal Requirements: Use our platform to generate a compliant agreement that includes all mandatory Belgian legal elements.

What should be included in an Advisor Agreement?

  • Party Identification: Full legal names, addresses, and business numbers of both advisor and company.
  • Service Description: Detailed scope of advisory services, deliverables, and performance standards.
  • Compensation Terms: Clear fee structure, payment schedule, and expense policies compliant with Belgian tax laws.
  • Duration and Termination: Contract period, renewal options, and conditions for early termination.
  • Confidentiality Provisions: Data protection measures aligned with GDPR and Belgian privacy laws.
  • Intellectual Property Rights: Ownership of work products and pre-existing IP.
  • Independent Contractor Status: Clear distinction from employment relationship under Belgian social security laws.
  • Dispute Reֱ: Jurisdiction, applicable law, and conflict reֱ procedures.

What's the difference between an Advisor Agreement and an Agency Agreement?

An Advisor Agreement differs significantly from an Agency Agreement, though both involve external parties working with a company. The key distinctions lie in their scope, authority, and legal implications under Belgian law.

  • Authority Level: Agency Agreements grant the agent power to act on behalf of and bind the company in transactions, while Advisors only provide guidance without decision-making authority.
  • Legal Relationship: Agents are typically more integrated into company operations and may have ongoing commercial relationships with third parties, whereas Advisors maintain clear independence and focus on strategic input.
  • Regulatory Framework: Agency relationships in Belgium fall under specific commercial agency laws with mandatory protections, while Advisory relationships have more contractual flexibility.
  • Compensation Structure: Agents often receive commissions based on transactions they facilitate, while Advisors usually have fixed fees or project-based compensation.
  • Duration and Commitment: Agency Agreements tend to be longer-term with specific termination requirements, while Advisory Agreements are often project-specific or more flexible in duration.

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