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Personal Finance/ Estate Planning/ Retirement Planning Consultant Agreement

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Personal Finance/ Estate Planning/ Retirement Planning Consultant Agreement Powered By Docstoc
					This agreement sets forth the contract to be entered into between a consultant and a
client for the provision of personal finance, estate planning or retirement planning
consulting services. This document contains the material terms and conditions of the
agreement including the specific services to be provided, the payment details and the
term of the agreement. The draft form contains numerous standard provisions as well
as optional language to ensure that the specific understandings between parties are
addressed. This document should be used by a personal finance, estate planning or
retirement planning consultant and a client when entering into an agreement for
services.
                         CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT ("Agreement") is made and entered into as of
the ___ day of _____, 20__, [Instruction: Insert date.] by and among _____
[Instruction: Insert client name.] ("Client"), and _____ [Instruction: Insert
consultant’s name.] ("Consultant"). Client hereby retains Consultant to provide the
consulting services described below with respect to certain of Client’s cash, securities,
and other property and assets from time to time designated by Client (the “Assets”) on the
terms and conditions set forth below.
                                    WITNESSETH:
WHEREAS, Consultant is recognized as a person with expertise in certain areas of
investment consulting; and
WHEREAS, the Client desires to retain Consultant to provide services related to and in
support of efforts in which Consultant has expertise; and
WHEREAS, Consultant is in the business of providing such consulting services and
has agreed to provide the services in accordance with the terms and conditions set forth in
this agreement.
NOW, THEREFORE, in consideration of this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
   1. Consultant shall furnish the Client with advice, information, judgment and
      knowledge in accordance with the standards of care set forth in this Agreement
      with respect to the services related to and in support of efforts in which
      Consultant has expertise which is to be provided in accordance with this
      Agreement. Consultant agrees to provide Client with the following investment
      consulting services _____. [Comment: Insert specific services Consultant shall
      perform under Agreement.] The Assets initially shall consist of the following:
      _____. [Instruction: Insert applicable information. If necessary, attach as a
      separate schedule.]
   2. The term of this Agreement shall begin on _____ [Instruction: Insert
      commencement date.] and shall, subject to the provisions for termination set
      forth herein, continue until and terminate on _____ [Instruction: Insert
      termination date.]. Upon termination, Consultant shall follow applicable
      industry standards and practice to promptly discontinue all work, unless the
      termination notice directs otherwise; and deliver or otherwise make available to
      Client all data, reports, summaries and other information that may have been
      accumulated by Consultant in performing under this Agreement, whether
      completed or in process.
   3. The Consultant will use its best efforts in accordance with industry standards to
      select and recommend investments for the Assets to protect capital, generate
      income and obtain capital growth without regard to the taxation of the income or
      growth. It shall be the Client’s responsibility to advise the Consultant in writing
      of any objectives contrary to these and any changes or modification to Client’s
      financial circumstances therein.


© Copyright 2012 Docstoc Inc.                                                               2
   4. For all services that Consultant renders to the Client during the term hereof, the
      Client will pay Consultant a retainer of $_____ per month, payable on the first
      day of the month. If this agreement terminates on a date other than the first of a
      month, a prorated share of the minimum fee will be due for the final month. A
      representative of Consultant, who is knowledgeable and familiar with the Assets
      and this Agreement, shall meet periodically with representatives of Client as
      required to review the status of the Assets. Travel to meetings with Client,
      lodging and related expenses of these meetings shall be at the expense of
      Consultant. To the extent that it does so for other similarly situated clients,
      Consultant may invite Client to participate in annual meetings, special meetings
      and other conferences or programs. All registration fees, materials,
      accommodations and the cost of meals and refreshments provided by Consultant
      to Client, as attendees at such meetings or programs, shall be paid for by
      Consultant from its fees as part of the services provided in exchange for the fees.
      [Instruction: Insert applicable payment agreement, including any revision to
      the hours/days of services.] Late payments by Client shall be subject to late
      penalty fees of _____% [Instruction: Insert number.] per month from the due
      date until the amount is paid.
   5. All information received by Consultant (including for purposes hereof,
      Consultant’s agents and employees [Comment: Depending on size/formation
      entity of Consultant’s firm, parties to Agreement may wish to consider other
      persons to include in here, including but not limited to, directors and
      shareholders of Consultant.]) directly or indirectly from Client shall be regarded
      and treated as confidential and shall not be disclosed to any third party except as
      agreed upon in writing by Client or otherwise required by law or valid court
      order. Consultant shall not be free to divulge or to act upon such information with
      respect to the performance of its services hereunder. Notwithstanding the above
      Client agrees to allow Consultant to use Client’s name on a client list so long as a
      disclaimer is used stating the Consultant does not know if the Client would
      recommend using its services and no confidential information with regard to
      client’s assets or policies is revealed. Furthermore, Client acknowledges certain
      services Consultant offers and/or provides Client and other clients require the use
      and anonymous disclosure of client data, including portfolio performance and
      trading data.
   6. Client agrees to provide, or cause its custodian bank, administrator, attorney,
      trustee, present or former investment consultant, actuary, consultants, other third
      parties, or investment managers (hereinafter referred to as “Representatives”) to
      provide Consultant with any and all reasonably necessary and appropriate
      information for Consultant to begin to perform its obligations under this
      Agreement. This information includes liquidity needs, historical performance
      information, investment guidelines, and other pertinent information, in each case
      to the extent reasonably available, as requested by Consultant from time to time,
      including, without limitation, a written summary of any investment limitations or
      restrictions. Client, directly or through its Representatives, also agrees to inform
      the Consultant as soon as reasonably possible of any change in circumstances
      affecting the needs or goals of the Client, as the case may be. Client understands


© Copyright 2012 Docstoc Inc.                                                                3
      that in providing its services hereunder, Consultant will rely on the information
      from time to time provided to it by Client and Client’s Representatives.
      Consultant shall not be required to verify any information obtained from Client or
      Client’s Representatives. Consultant shall not be liable for the accuracy and
      completeness of information furnished or representation made by such
      Representatives.
   7. Client hereby agrees to provide any of Client’s Representatives with written
      approval to speak with Consultant regarding any confidential information
      necessary for Consultant to perform its obligations pursuant to this Agreement.
   8. Consultant shall make reasonable efforts to inform Client of changes in estate or
      retirement benefits law or regulation applicable to this Agreement. Client
      understands, acknowledges and agrees it is solely responsible, in its own
      discretion, and at its sole cost and expense to review and revise any necessary
      estate planning documents in accordance with any such changes and/or any
      determinations made with respect to the Assets.
   9. Consultant shall not be obligated to perform and Client will not request
      performance of any services which may be deemed to constitute the unauthorized
      practice of law. Client will be solely responsible to obtain legal advice, reviews
      and/or opinion as necessary or advisable in Client’s sole discretion, and at
      Client’s sole cost and expense.
   10. Client hereby understands, acknowledges and agrees Consultant’s [Comment:
       Depending on size/formation entity of Consultant’s firm, parties to
       Agreement may wish to consider other persons to include in here, including
       but not limited to, agents, employees, directors and shareholders of
       Consultant.] advice to Client pursuant to this Agreement is limited to
       recommendations and Client shall retain absolute discretion over and
       responsibility for the implementation of Consultant’s recommendations. Nothing
       herein shall require Client to engage any investment managers recommended by
       Consultant or to follow any recommendation provided by Consultant. Consultant
       makes its recommendations based upon information obtained and analyzed by a
       wide varie
				
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Description: This agreement sets forth the contract to be entered into between a consultant and a client for the provision of personal finance, estate planning or retirement planning consulting services. This document contains the material terms and conditions of the agreement including the specific services to be provided, the payment details and the term of the agreement. The draft form contains numerous standard provisions as well as optional language to ensure that the specific understandings between parties are addressed. This document should be used by a personal finance, estate planning or retirement planning consultant and a client when entering into an agreement for services.