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Financial Advisor Agreement

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FINANCIAL ADVISOR AGREEMENT

This Financial Advisor Agreement (the Agreement) is entered into as of by and between the parties set forth below.

PARTIES

RECITALS

WHEREAS, Advisor is duly qualified and engaged in the business of providing financial advisory and investment management services; and

WHEREAS, Client desires to engage Advisor to provide the services set forth in this Agreement and Advisor agrees to provide such services under the terms and conditions contained herein.

SCOPE OF SERVICES

Advisor shall provide financial advisory services described below, including but not limited to investment advice, portfolio management, periodic review, and reporting. Services will be provided in accordance with the investment objectives and restrictions set forth by Client.

INVESTMENT AUTHORITY

Client grants Advisor the following authority with respect to Client accounts (select applicable):

Discretionary authority to buy, sell, or trade securities on behalf of Client.

Non-discretionary (Advisor will obtain Client approval prior to transactions).

COMPENSATION AND BILLING

Client shall pay Advisor fees as described below. Fees are exclusive of transaction costs, taxes, and third-party custodial fees unless otherwise stated.

Monthly Quarterly Annually

Late payments shall incur interest at a rate of on overdue balances, or the maximum permitted by law, whichever is less.

CUSTODY AND THIRD-PARTY RELATIONSHIPS

Advisor may recommend custodians or other third-party service providers but shall not have custody of Client assets except as expressly set forth and permitted by applicable law. Client acknowledges that custody arrangements and any third-party fees are the Client’s responsibility.

CONFLICTS OF INTEREST; DISCLOSURE

Advisor represents that it will disclose any material conflicts of interest in writing. Client acknowledges receipt of such disclosures as applicable.

Advisor has disclosed all material conflicts of interest to Client.

CONFIDENTIALITY

Each party shall maintain the confidentiality of non-public information received in connection with this Agreement, except as required by law or as necessary to perform the services. Confidential information shall not be disclosed to third parties without the prior written consent of the disclosing party.

REPRESENTATIONS, WARRANTIES AND COVENANTS

Each party represents and warrants that it has full authority to enter into this Agreement. Client represents that all information provided to Advisor is true, complete, and accurate and will notify Advisor promptly of material changes.

LIMITATION OF LIABILITY

Except for fraud, willful misconduct, or gross negligence, Advisor’s liability for any claim arising under this Agreement shall be limited to direct damages not exceeding the total fees paid by Client under this Agreement for the preceding twelve months. Advisor shall not be liable for lost profits, punitive, consequential, or incidental damages.

INDEMNIFICATION

Client shall indemnify and hold harmless Advisor, its officers, directors and agents from and against any losses, claims, damages, liabilities or expenses arising from Client’s breach of this Agreement, Client’s negligence, or Client’s failure to disclose material facts, except to the extent caused by Advisor’s fraud, willful misconduct, or gross negligence.

TERMINATION

This Agreement may be terminated by either party upon written notice to the other party. Termination shall be effective upon receipt of notice or on a specified effective date.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the state identified below without regard to conflicts of law principles. Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration unless the parties mutually agree otherwise.

NOTICES

All notices under this Agreement shall be in writing and delivered to the addresses below by hand, certified mail (return receipt requested), or nationally recognized courier service.

RECORDKEEPING; REPORTING

Advisor shall provide periodic reports describing account performance, holdings, fees charged and other material information as agreed. Client acknowledges responsibility for retaining official account statements provided by custodians.

MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. Amendments must be in writing and signed by both parties. If any provision is held invalid, the remainder of the Agreement shall remain in full force and effect.

ADDITIONAL TERMS / NOTES

Advisor Name:

By:

Date:

Client Name:

By:

Date:

Enter text

What a Financial Advisor Agreement Covers

A Financial Advisor Agreement is a written contract that defines the relationship between an advisor and a client, specifying services, fees, duties, term, and termination. It sets expectations for portfolio management, investment advice, reporting frequency, confidentiality, conflicts of interest, and any discretionary authority given to the advisor. The agreement may also include indemnification, dispute resolution, and data-protection provisions. Using a clear, signed agreement reduces ambiguity about responsibilities, establishes whether the advisor acts as a fiduciary, and creates an enforceable record of client consent and obligations.

Why a Written Agreement Matters for Financial Relationships

A clear agreement protects both parties by documenting scope, compensation, and decision authority; it supports regulatory compliance and provides evidence in disputes or audits.

Why a Written Agreement Matters for Financial Relationships

Who Typically Prepares and Signs This Agreement

Financial advisors, registered investment advisory firms, independent planners, and individual investors commonly use this contract to formalize advisory services.

  • Independent financial advisors and RIA firms providing portfolio management, fiduciary advice, or planning services.
  • Individual investors and households engaging an advisor for discretionary or non-discretionary services.
  • Institutional clients or trustees contracting with advisors for investment management or consulting.

Well-drafted agreements help firms meet regulatory expectations and give clients a single reference for fees, reporting, and service levels.

Key Parties and Typical Roles

Individual Client — Investor

An individual or household that authorizes an advisor to provide investment advice or portfolio management. The client must confirm identity, provide accurate financial information, and sign to accept fees, risks, and custody arrangements. The client retains right to revoke consent under the agreement's terms.

Registered Investment Advisor — Firm

A registered investment advisor entity or representative that describes services, fee structure, fiduciary duties, and reporting obligations. The advisor typically documents compliance processes, conflict disclosures, and who is authorized to trade or take actions on the client's account.

Essential Clauses to Include in a Professional Agreement

A robust Financial Advisor Agreement organizes the relationship into clear legal components so both parties understand deliverables, fees, and remedies.

Scope of Services

Define advisory activities, investment authority, reporting frequency, and whether the advisor has discretionary trading power.

Fee Schedule

Specify fee type (percentage, flat, hourly), billing intervals, performance fees if any, and expense reimbursement rules.

Term and Termination

State effective date, renewal terms, notice period for termination, and consequences for early termination.

Conflict Disclosures

Disclose affiliated revenue, soft-dollar arrangements, referral fees, and any material conflicts of interest.

Confidentiality and Data

Address client data handling, confidentiality obligations, and any required data security measures.

Liability and Indemnity

Limitations on liability, indemnification clauses, and any required insurance or bonding.

Step-by-Step: Completing the Agreement

Follow this sequence to prepare, review, and execute a legally effective Financial Advisor Agreement with electronic signing.

  • 01
    Draft: Populate parties, services, fees, and term with accurate data.
  • 02
    Review: Confirm conflicts, disclosures, and compliance language are present.
  • 03
    Authenticate: Choose signer authentication method and attach identity documents if required.
  • 04
    Execute: Obtain signatures and store the completed agreement with audit trail.

Typical Routing and Signing Workflow

A common workflow simplifies signature capture, verification, and storage for both advisor and client using electronic methods.

  • Upload Document: Sender uploads agreement to the signing platform.
  • Place Fields: Add signature, date, and initial fields for each party.
  • Invite Signers: Email signers or create a reusable signing link.
  • Capture Audit Trail: Platform records timestamp, IP, and authentication events.

Common eSigning Workflow Settings

Configure workflow options to match your compliance and client experience requirements before sending the agreement.

Field Configuration
Authentication Email link, SMS code, or stronger KBA where required
Reminders Automated reminders and escalation intervals
CC Recipients Add compliance or operations addresses for final delivery
Template Save standardized agreements for repeat use

Technical and Integration Considerations

Ensure your signing platform supports required authentication, secure storage, and integrations with your CRM or portfolio systems.

  • Authentication Options: Email, SMS, KBA, or enhanced signer verification
  • Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace
  • Formats Supported: PDF, Word DOCX, and downloadable signed PDF

Key Dates to Track in the Agreement

Track effective dates, payment schedules, notice periods, and recurring reporting deadlines to avoid missed obligations.

Effective Date:

Date when fees, duties, and reporting obligations begin

Fee Billing Date:

Monthly or quarterly billing date for advisor fees

Renewal Notice:

Date by which either party must give notice to avoid auto-renewal

Termination Notice:

Advance notice required to end the agreement

Record Retention Start:

Date from which retention timelines are measured

Key Milestones from Draft to Execution

Use this milestone sequence to coordinate internal review, client approval, and final execution of the agreement.

01

Draft Completion

Finalize language and internal approvals before client review

02

Client Review

Allow time for client questions and redline requests

03

Signature Capture

Send for eSignature with chosen authentication

04

Record Storage

Save executed agreement with audit trail and access controls

Common Preparation Pitfalls to Avoid

  • Using vague scope language that creates disputes about advisor responsibilities and allowable actions.
  • Failing to specify fee calculation and billing intervals, which leads to confusion and disputed invoices later.
  • Omitting conflict-of-interest disclosures required by applicable securities rules or firm policies.
  • Neglecting signer authentication or identity proofing for high-value or discretionary authority agreements.

Consequences of Incomplete or Incorrect Agreements

Regulatory Fines: Fines or enforcement for missing disclosures
Contract Invalidity: Unsigned or improperly signed agreements may be unenforceable
Tax Penalties: Late or incorrect tax reporting penalties apply
I-9 or Hiring Fines: Employment record violations can incur fines
Data Breach Liability: HIPAA or privacy breaches may trigger penalties
Reputational Risk: Client disputes can damage firm reputation

Security and Compliance Features to Require

Encryption: AES-256 at rest
Transport Security: TLS 1.2/1.3 in transit
Audit Trail: Complete timestamps and IP record
Certifications: SOC 2 Type II and ISO 27001
HIPAA Support: BAA available where needed
Access Controls: Role-based permissions and SSO

Real-World Examples of Electronic Execution

These examples show how firms completed advisory agreements and improved processing using digital workflows.

Optica Ventures — COO

Optica standardized agreements across teams to reduce turnaround time and improve client clarity.

  • Implementation focused on templates and audit trails.
  • The result was consistent execution, easier storage, and fewer client follow-ups while maintaining compliance and an auditable record of every signature event.

Xerox — Director of NetSuite Operations

Xerox integrated signed agreements with their ERP to reduce manual entry and reconcile fees faster.

  • Integration automated document storage and indexing.
  • This created a single source of truth for signed contracts, reduced administrative overhead, and allowed faster retrieval for audits and client inquiries.

Practical Tips for Accurate and Efficient Completion

Adopt consistent templates, verify signer identity, and store executed copies with a complete audit trail to reduce disputes and administrative work.

Use Standardized Templates
Create firm-approved templates to ensure all required disclosures and clauses are present; version-control templates and require legal review for changes.
Verify Signer Identity
Select an authentication level appropriate to the agreement's risk; for discretionary authority, use multi-factor or knowledge-based verification.
Record Audit Trails
Retain timestamps, IP addresses, and signer consent records to support enforceability and defend against disputes.
Limit Notarization to Necessity
Only require notarization when a jurisdiction or internal policy demands it; unnecessary notarization adds time and cost.

Comparing eSignature Vendors for Financial Advisor Agreements

Select a vendor based on price, HIPAA availability, envelope limits, and required advanced features; signNow is listed first for comparison.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions

Answers to common questions about validity, notarization, updates, revocation, and signature methods for Financial Advisor Agreements.


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