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Fiduciary Agreement Sample

   

A fiduciary agreement is a legal document that outlines the relationship between two parties, where one party agrees to act in the best interests of the other. It`s most commonly used in financial or legal dealings, where a fiduciary (such as a financial advisor or lawyer) must prioritize the interests of their client above their own.

When drafting a fiduciary agreement, it`s important to include certain key elements to ensure that the document is clear, enforceable, and protects the interests of both parties. Here is a sample fiduciary agreement that includes these important elements:

1. Parties: The agreement should clearly identify the parties involved, including their names, addresses, and contact information.

2. Scope of Services: The agreement should specify the services that the fiduciary will provide to the client, including any limitations or exclusions.

3. Duties and Responsibilities: The agreement should outline the fiduciary`s duties and responsibilities to the client, including the obligation to act in the client`s best interests, to provide unbiased advice, and to disclose any potential conflicts of interest.

4. Compensation: The agreement should specify how the fiduciary will be compensated for their services, including any fees, commissions, or other compensation.

5. Termination: The agreement should include provisions for terminating the agreement, including the circumstances under which either party may terminate the agreement.

6. Confidentiality: The agreement should address confidentiality issues, including any restrictions on the fiduciary`s use of confidential information and how such information will be protected.

7. Indemnification: The agreement should include provisions for indemnification, whereby the fiduciary agrees to indemnify and hold harmless the client from any damages resulting from the fiduciary`s actions or omissions.

8. Governing Law: The agreement should specify the governing law that will govern the agreement and any disputes that may arise.

By including these important elements in a fiduciary agreement, both parties can rest assured that their interests are protected and that the agreement is legally enforceable. It`s always recommended to have an attorney review the agreement to ensure that it complies with all applicable laws and regulations.

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