Discretionary/Limited Power of Attorney: Customer hereby agrees to execute a limited Power of Attorney with respect to Customer`s Account by using the forms required by Custodian Bank to appoint BrightPlan as Customer`s true and legal representative, authorized to act on behalf of Customer`s account for the limited purpose of maintaining Customer`s account and all other actions; necessary for or related to brightPlan`s provision of services under the terms of this Agreement. Such authorization allows BrightPlan and the Trustee to negotiate and communicate with each other and, if necessary, with Customer with respect to all aspects of the Account and the provision of services under this Agreement through any available medium, electronic or otherwise, and will remain in effect until Customer notifies BrightPlan and The Custodian in writing. Any movement of Customer`s Assets must be made in accordance with the written consent given to Customer`s Custodian and/or BrightPlan by Customer. Customer may not deposit or deposit into the Account any assets other than cash, and BrightPlan is not responsible for the management, sale or trading of any securities that Customer has deposited into the Account. Nothing in this Agreement gives BrightPlan the authority to take possession of Customer`s Assets in the Account. Your agreement may also include a section that specifies which of your accounts or assets are to be managed by the advisor. To complete this section, you must provide the account name, account type, and account number. Keep in mind that any asset not specified in the agreement may go beyond the scope of what your advisor will manage. At the end of this document, you will also see a place where you can sign and date the agreement. Your advisor will also sign and date it. By signing the Agreement, you acknowledge that you receive, accept and accept the terms described in the document. Additional Representations of the Customer: The Customer represents and warrants that the Customer has full authority and authority to perform, conclude, deliver and perform the Customer`s obligations under this Agreement.

The Customer further warrants that this Agreement has been duly authorized, executed and delivered by the Customer and that it constitutes the customer`s legal, valid and binding agreement enforceable against the Customer in accordance with its terms and conditions, and that the terms of this Agreement do not violate any obligation to which the Customer is bound. If Customer is a company, limited liability company, partnership, trust or other legal entity, Customer represents and warrants that the person performing this Agreement on Customer`s behalf has been duly authorized to do so. You („Client“) and BrightPlan, LLC („BrightPlan“), a Delaware limited liability company and an investment advisor registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, agree to enter into a financial advisory relationship, subject to the terms of this Investment Advisory Agreement („Agreement“), that enables BrightPlan to provide the services described herein. This Agreement is effective immediately upon acceptance by BrightPlan. In light of the mutual agreements contained herein, Customer and BrightPlan agree that: Disclosure: Customer acknowledges receipt of a copy of BrightPlan`s most current Privacy Policy and Form ADV, Part 2. Customer agrees that Customer has reviewed and considered the information provided by BrightPlan in this Agreement and in brightPlan Form ADV, Part 2, including, without limitation, parties related to services, compensation, risks and potential conflicts of interest, as well as the rest of the disclosures relating to, among others, general information such as education and business history. Business practices such as the type of advisory services offered, the methods of analysis of securities used, etc. Performance-based compensation – The job of an investment advisor is to pay attention to your interests, not the interests of the advisor or the company. It is illegal for investment advisory contracts to base the advisor`s remuneration on the execution of investments. This helps protect average investors like you from the pressures to make risky investments.

The FAST agreement is free of charge and can be modified if necessary. Please review any modified FAST agreements from the original template to ensure that you do not sign any unexpected conditions. Custody and brokerage contracts: As mentioned above, the customer must create the account with the custodian bank. The custodian bank, not BrightPlan, retains custody of the Customer`s assets. BrightPlan negotiated with the custodian bank to have the custodian bank charge the customer a simple, flat-rate annual fee based on the asset, which is debited directly from the account on a quarterly basis and covers all custody and brokerage fees. The customer should review its separate agreement with the custodian bank for additional information on the fees charged by the custodian bank on behalf and the other terms of the customer`s agreement with the custodian bank. This section can also specify how the agreement can be terminated. For example, you may need to send a written request. It may also be mentioned which part of the fees you have paid can be reimbursed to you, if any. The consulting contract is a bipartite contract signed by the company and the consulting firm. Companies can choose to hire a consulting firm to draft the agreement, proofread it and make it bulletproof for an additional fee.

But before you think about the number of shares or options to issue an advisor, there are a number of points to settle. What role does the consultant play? Will it provide marketing information or advice at the board level? How long should she spend each month and for how long? What is it paid? Establishing these points will help determine the right amount of fairness and ensure that everyone is on the same page in terms of expectations and responsibilities. Account Setup: Customer must establish one or more accounts with TD Ameritrade Institutional (the „Custodian“) and deposit at least $500.00 in cash into each such account (collectively, the „Account“). BrightPlan has no obligation to provide the Services (as defined below) until Customer has created the Account and BrightPlan has received notice that the Account has been funded with at least $500.00 in cash and/or liquid securities and access to Account administration. Subject to the terms of this Agreement, BrightPlan has the sole discretion to invest and reinvest the assets in the Account. However, before we get into the deal, let`s discuss the basics. After the description of the advisory services, remuneration and fees can be the second most important part of your investment advisory contract. Here you can see how your advisor will be paid and how much you will pay for their services. However, you still need to define a number of agreements before entrusting your work to the third party. Things like compensation, deadlines, and scope of work are common, however, different consultants/contractors may need modified agreements. That`s why it`s best to create a consulting contract so you can start the process quickly! For American startups, the Founder Institute offers advice on numbers, as well as a free agreement template to eliminate the formal framework of the relationship quickly and without any legal headaches.

You can read their guide and get the American model here. This section is usually found at the top of an investment advisory contract. It basically states that you and the financial advisor enter into an agreement in which you use their services. The Founder/Advisor Standard Model („FAST“) was developed by the Founder Institute to help budding entrepreneurs in the startup programs we run globally set up advisory boards and connect with the mentors they interact with throughout the program. In 2011, the Founder Institute made the FAST agreement public, and since then we have made gradual updates to version 1 of the agreement. On August 1, 2017, the Founder Institute released a draft version 2 that includes a number of improvements: if the financial advisor has potential conflicts of interest, these can be disclosed in a separate section of your consulting contract. You can also search for potential conflicts of interest by reviewing the advisor`s ADV form on the SEC`s Disclosure of Investment Advisors website. The above points are the most important things to keep in mind when reviewing your investment advisory contract.

However, your agreement may also include sections for the following: In this section of your investment advisory agreement, you may also be asked to recognize that past performance is not an indicator of future results and that you do not hold the advisor accountable for any losses you incur in your portfolio. Cooley LLP, any company affiliated with Cooley LLP, including Cooley (UK) LLP and Cooley SG LLP* and their respective partners, employees and representatives of the foregoing (collectively, „Cooley“), do not endorse or recommend the use of default values or materials on CooleyGO.com, and Cooley does not express any opinion or recommendation as to what is or should be, a standard „contract“ document.