consulting services agreement sec

This General Consulting and Services Agreement (this "Agreement") is made as of the date of last signature ("Effective Date") by and between TherapeuticsMD, Inc., a Nevada corporation maintaining offices at 951 Yamato Road, Suite 220, Boca Raton, Florida 33431 ("TherapeuticsMD"), and MCD Consulting and Management Services . Jim spent 18 years as Vice President for Business and Legal Affairs at NBCUniversal. She's very professional and responsive. <> Regs. Provided, however, that in lieu of the quarterly vesting, all RSUs shall vest earlier if the threshold in Section 4(b)(iii) is met. 0000002837 00000 n IN WITNESS WHEREOF, the Company and the Consultant have executed this Agreement as of the date written above. The agreement protects you and the business from potential disputes. 199A (discussed below in more detail) includes a category called "specified service trades or businesses" (SSTBs). 4-205. Sec. 0 I have 4 years experience handling commercial breach of contract cases working with Burton Neil & Associates, P.C. Thanks for submitting. In the event of a material default under this Agreement by either party, the other party may terminate this Agreement if such default is not cured within 10 days following delivery of written notice specifying and detailing the default complained of and demanding its cure. Confidentiality. startxref Exhibit 10.2 . Do you need help with an agreement for consulting services? One example in the "not engaged in consulting" list is particularly instructive, as it involves a company that at first glance appears to engage in consulting it studies a client's needs and makes recommendations based on these needs. Sections 7, 8 and 12 through 18 shall survive termination . x]oIWqYk.vS],#[nvobFq,fPVX;zmV!uw|Y_mz\OdW.?+v~5k2?~8j/t!xp]~[0zvEXzkt~ww+V+V7~>oP+if_S_)I=~6[F-}kwQ;mZA0mmgzq=3=uskBYxn#_? The amount of gain a taxpayer is eligible to exclude is subject to a limitation, generally, the greater of: (1) $10 million for all of the taxpayer's QSBS issued by the corporation; or (2) 10 times the aggregate adjusted bases of the corporation's QSBS disposed of by the taxpayer in the tax year (Sec. She is a former securities examiner at the United States Securities & Exchange Commission (SEC) and Associate Counsel at State Street Bank & Trust and has consulted for various investment houses and private investment entities. Lawyers with backgrounds working on consulting services contracts work with clients to help. The Consultant acknowledges that it is an independent contractor and that no employee of the Consultant shall be considered an employee of the Company. Prior Approval. 800,000 Restricted Stock Units (RSUs), vesting every three months in six equal increments (with fractions rounded up initially and then down) over an 18-month period provided that on each applicable vesting date (x) Andrew Kaplan continues to serve as a director of the Company and (y) either of the two provisions in Section 4(a) shall have occurred. 1202(c)(2)(A)). 1 0 obj Legitimate Business Interests. Ms. Carrington is a graduate of Johns Hopkins University with a B.A. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, mergers and acquisitions and also trademark registration and licensing. It was easy to work with Contracts Counsel to submit a bid and compare the lawyers on their experience and cost. Business Contract Lawyers: How Can They Help. Using the temporary Sec. The Consultant further acknowledges that such Confidential Information as is acquired and used by the Company is a special, valuable and unique asset. 199A(d)(2)(A)). Without limiting the foregoing, the Services shall include the following: negotiating with institutional lenders and others to effect a recapitalization of the Company; negotiating with Hillair Capital Investments L.P. to modify, on terms more favorable to the Company, the Companys $2,240,000 Original Issue Discount Secured Convertible Debenture, dated as of September 25, 2013 (the Hillair Debenture); advice relating to expanding Aspen Universitys curricular offerings and promoting its business. 199A regulations states that determining whether a particular business is an SSTB and therefore excluded from being a qualified trade or business requires a facts-and-circumstances analysis (T.D. Additionally, the company must conduct a qualified trade or business, which is defined as any trade or business other than those providing "services in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, consulting," and certain other fields specified in the statute (Sec. Post a projectin ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate agreements for consulting services. 1202(e)(3)(A) to determine the services that are excluded, one of which is consulting (Sec. Notwithstanding the preceding, in the event of a violation by the Consultant of Section 7, the Company may terminate this Agreement immediately upon written notice to the Consultant. 1.199A-5(b)(2)(vii)). Attorney creating plans and strategies to help individuals create, build, protect and pass on wealth. Assignability. In connection with the execution of this Agreement, the Company shall appoint Andrew Kaplan to serve on the Board of Directors of the Company within seven days of the effective date. 323 0 obj <> endobj :~ _~2ICM_vOfW5855>>oO:KyS|ucqs_N;xO;X[^uW_Vo+z_&c The purpose of this contract is to ensure that all parties understand their responsibilities, expectations, constraints, deadlines and other relevant details. In rendering consulting services under this Agreement, Consultant shall conform to high professional standards of work and business ethics. Notices and Addresses. Lawyers with backgrounds working on agreements for consulting services work with clients to help. Without limiting the foregoing, the Services shall include the following: negotiating with institutional lenders and others to effect a recapitalization of the Company; negotiating with Hillair Capital Investments L.P. to modify, on terms more favorable to the Company, the Companys $2,240,000 Original Issue Discount Secured Convertible Debenture, dated as of September 25, 2013 (the Hillair Debenture); advice relating to expanding Aspen Universitys curricular offerings and promoting its business. 341 0 obj <>/Filter/FlateDecode/ID[<9CDEF72EF4370145B19341F405E4A0A3>]/Index[323 32]/Info 322 0 R/Length 91/Prev 401856/Root 324 0 R/Size 355/Type/XRef/W[1 3 1]>>stream Sec. Entire Agreement. 1202(e)(3). Notwithstanding the preceding, in the event of a violation by the Consultant of Section 7, the Company may terminate this Agreement immediately upon written notice to the Consultant. Atilla represents clients in the negotiation and drafting of transactional (e.g. In connection with the execution of this Agreement, the Company shall appoint Andrew Kaplan to serve on the Board of Directors of the Company within seven days of the effective date. 199A(a)). Consultant will render services and advice to Company on the Projects ("Projects") on Attachment A, which may be modified from time to time as agreed upon by the parties. The U.S. is a 'build-nothing' country, says economist, earning agreement from Elon Musk. The Company and the Consultant recognize that the Services to be rendered under this Agreement by the Consultant are special, unique and of extraordinary character, and that in the event of the breach by the Consultant of the terms and conditions of this. A trade or business is "qualified" for this purpose if it does not consist of "performing services as an employee" and is not a "specified service trade or business" (Sec. Retired Dentist transitioned to Law, with a special interest in Commercial Real Estate, Startup businesses, Asset Purchase Agreements, and Employment Contracts. Cash Compensation. 1202 has increased. Upon termination of this Agreement, the Company shall reimburse the Consultant for any reasonable expenses previously incurred for which the Consultant had not been reimbursed prior to the effective date of termination, provided that the requirements of Section 4(c) have been satisfied. How much does it cost to draft a contract? 1202(e)(3), would refer to the provision of advice and counsel that do not complement other services provided. schedules when working at Companys facility(ies) or premises, and other Company rules and regulations, and Consultant shall be responsible for Consultants actions while on Company premises or otherwise providing the Services requested by Working with Angela made me feel like my new business was in excellent hands. If any restriction set forth in this Agreement is deemed unreasonable in scope, it is the Parties intent that it shall be construed in such a manner as to impose only those restrictions that are reasonable in light of the circumstances and as are necessary to assure the Company the benefits of this Agreement. 199A(d)). Please review our Privacy Statement and Terms of Use for additional information. 4-206 to 4-209. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I have purchased a house from individual and now I'm trying to see what I need to get the deed into my name. For the avoidance of doubt, a direct competitor shall be deemed to be any online university or Internet-based postsecondary education company or the providing of any services to a college or university relating to online education. Regs. :]2>$)Z. Why do attorneys keep turning me down for my case? endobj Written procedures by state agencies for implementing standards. The execution of this Agreement may be by actual, facsimile or pdf signature. With our multidisciplinary teams, we create . One Sec. Jims success can be attributed to his ability to properly analyze data, manage projects, lead teams, develop creative solutions for complex problems, focus on strategically optimizing assets, manage/allocate risk and collaborate with divergent constituent groups to achieve objectives. The firm specializes in representing business owners with Merchant Cash Advances or Factoring Arrangments they can no longer afford. Jim is an experienced attorney with broad-based expertise. Work with security vendors and service providers to ensure that services are delivered. c. Immediately upon termination of this Agreement for any reason, all such data, information, and other work as Hiring a lawyer on ContractsCounsel is easy, transparent and affordable. The rights and obligations of the Company under this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Company. Unless otherwise noted, contributors are members of or associated with RSM US LLP. Consulting agreements are typically used in business settings, but they can be applied to other fields as well. We recommend that you have any contract (including this template) reviewed by legal counsel before having a client sign. 1202. Get in touch below and we will schedule a time to connect! xSn0>!I$}@`IAE43c{m.U7)D!k2'vS%{*'yT'l `Jvb[4Gz2WY->TTe!+T%ZL 1.199A-5(a)(1)). It appears appropriate to use the Sec. trailer Following law school, Atilla practiced international trade law at the Executive Office of the President, Office of the United States Trade Representative, where his practice spanned economic sanctions enacted against goods originating in the Peoples Republic of China valued at $500 billion. as of the day first written above. addition, Confidential Information also includes the identity of students and the identity of and telephone numbers, e-mail addresses and other addresses of employees or agents of students who are the persons with whom the Companys employees and agents communicate in the ordinary course of business. She asks smart questions that reflect her attention to detail and knowledge as an attorney. 1. I am currently licensed in Arizona and Pennsylvania, after having moved to Phoenix in September 2019. St., In consideration for the Services to be rendered by the Consultant under this Agreement, the Company shall pay the Consultant a sum equal to $120,000 (the Cash Compensation). <<020A4B10CA3C99488011D47AD4C5A3B5>]>> The Company shall issue the Consultant a Form 1099 for all payments made hereunder. Clients Rate Lawyers on our Platform 4.9/5 Stars. Chapter 55a - Consultants and Personal Service Agreements CHAPTER 55a CONSULTANTS AND PERSONAL SERVICE AGREEMENTS Table of Contents Sec. State of Texas - questions regarding an online business (Nanny Placement Agency) in the Houston area. The Consultant shall devote up to 20 hours per month. How much does it cost to draft a contract? 448 states that a C corporation may not use the cash method of accounting unless it falls under one of several exceptions, one of which is qualification as a personal service corporation. 1202 generally provides a 100% exclusion from gain on the sale of stock of a qualified small business. Non-Disclosure of Confidential Information. That Consultant will only disclose Confidential Information to employees, agents or Subcontractors of Consultant who have a. need to know such information in order to carry out Consultants responsibilities hereunder, and only then to those who have been advised that such information is confidential and In the event of a material default under this Agreement by either party, the other party may terminate this Agreement if such default is not cured within 10 days following delivery of written notice specifying and detailing the default complained of and demanding its cure. 448. All taxes, withholding and the like on any and all amounts paid under this Agreement shall be the Consultants responsibility. Sec. Entire Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties, intending to be legally bound, hereby agree as follows: 1. Security Exchange Commission - Edgar Database, EX-10.1 2 dex101.htm CONSULTING AGREEMENT, ViewedSeptember 21, 2021, View Source on SEC. ), and I have built my own technology solutions that help to quickly and thoroughly draft, review and customize complex contracts. ,'! One Sec. Sec. A close analysis of these 10 examples reveals that those "engaged in consulting" merely provide advice, while those "not engaged in consulting" provide nonadvisory services or goods, sometimes together with the provision of advice. The firms clients include restaurants, truckers, contractors, for profit schools, doctors and corner supermarkets to name a few. Atlanta Agreement For Consulting Services Lawyers, Austin Agreement For Consulting Services Lawyers, Boston Agreement For Consulting Services Lawyers, Chicago Agreement For Consulting Services Lawyers, Dallas Agreement For Consulting Services Lawyers, Denver Agreement For Consulting Services Lawyers, Fort Lauderdale Agreement For Consulting Services Lawyers, Houston Agreement For Consulting Services Lawyers, Las Vegas Agreement For Consulting Services Lawyers, Los Angeles Agreement For Consulting Services Lawyers, Memphis Agreement For Consulting Services Lawyers, Miami Agreement For Consulting Services Lawyers, New York Agreement For Consulting Services Lawyers, Oklahoma City Agreement For Consulting Services Lawyers, Orlando Agreement For Consulting Services Lawyers, Philadelphia Agreement For Consulting Services Lawyers, Phoenix Agreement For Consulting Services Lawyers, Richmond Agreement For Consulting Services Lawyers, Salt Lake City Agreement For Consulting Services Lawyers, San Antonio Agreement For Consulting Services Lawyers, San Diego Agreement For Consulting Services Lawyers, San Francisco Agreement For Consulting Services Lawyers, Seattle Agreement For Consulting Services Lawyers, Tampa Agreement For Consulting Services Lawyers. This Business Consulting Services Agreement (the "Agreement") is entered into effective as of May 29, 2014 (the "Effective Date") by and between Aspen Group, Inc., a Delaware corporation (the "Company") and AEK Consulting LLC, a New Jersey limited liability company (the "Consultant"). Agreement Term This agreement will commence on agreement start date and will continue for a period of agreement months. And for convenience and transparency, many estate-planning services are provided at a flat rate. With a supreme pledge of exceptional service to its clients in the areas of Real Estate (Commercial & Residential), Loan Modifications, Intellectual Property, Corporate Law & Business Transactions, Wills, Trusts & Estates, the Law Office of George K. Fuiaxis creates solutions for the many faceted problems faced by its clients. x-!H]dk38g6[SDYBR|@Ra Consultant is experienced in providing the type of services 9847). Agreement or if the Consultant shall cease to provide the Services to the Company for any reason and take any action in violation of Section 7, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction to enjoin the Consultant from breaching the provisions of Section 7. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. If youre looking for a modern way for your small business to meet legal needs, I cant recommend them enough! Assignability. An independent contractor agreement is a contract between a freelancer and a company or client outlining the specifics of their work together. To illustrate, consider whether the following activities constitute consulting: Do these activities constitute consulting? My experience as a former General Counsel of a premier edtech company gives me unique insight into the challenges my clients face and how to resolve them efficiently and cost-effectively. whether directly or indirectly, for any direct competitor of the Company or its subsidiary. By Type (20) One-Page Accounting Architect Bookkeeping Business Construction Design Educational Though you are not considered an employee of the client company, you nonetheless provide specific services in a professional capacity. Independent Contractor Relationship; Appointment to Board of Directors. I love contracts - and especially technology-related contracts written in PLAIN ENGLISH! xb```b``e`a`` @QF]\jw s9E,(rjX` 4+A i.tx8;24(_7b>jl_ ;O!f! ? 448 regulations as guidance does, however, appear appropriate. the Company raises, subsequent to the Effective Date, at least $3 million of gross proceeds in a public or private equity offering. (?/_IKH$AH%BjE. 1202 provide guidance. Disclaimer: ContractsCounsel is not a law firm and does not provide any kind of legal opinions, advice, or recommendations. Can a new employer ask for my last pay stub? 175 14 Why do attorneys keep turning me down for my case? |+k3GT0WJkV+/(`%:&i'+eVEM61m^WFawi{1z#W~W|~bujs^9x:LW|o_kAY+%PN[zpsGEoSX1~# ~A/ Company. Awareness of the Sec. acknowledges and agrees that the restrictions set out in this clause 19 are reasonable and necessary to protect the interests of the Company. 1202(g)(1)(B)). One of the excluded business types is consulting. Sec. Services. Advice that culminates in the delivery of a product or nonadvisory service is thus merely an initial step in the delivery of the product or performance of the service and is not independently treated as consulting. The Code does not define consulting for purposes of the rule on qualified trades or businesses, nor do Treasury regulations or the legislative history addressing Sec. Accordingly, prior to engaging in a facts-and-circumstances analysis, practitioners should interpret the word for federal tax law purposes based on the meaning it has been given in contexts outside Sec. Service trades or businesses '' ( SSTBs ) a freelancer and a Company or client outlining the specifics of work. To high professional standards of work and business ethics, and I have built my own technology solutions that to. Smart questions that reflect her attention to detail and knowledge as an.. Please review our Privacy Statement and Terms of Use for additional Information below more. The lawyers on their experience and cost get the deed into my.... I love contracts - and especially technology-related contracts written in PLAIN ENGLISH on wealth Texas - questions regarding online... Or pdf signature to submit a bid and compare the lawyers on experience. Technology solutions that help to quickly and thoroughly draft, review and customize complex contracts ; Appointment to of. Whether the following activities constitute consulting: do these activities constitute consulting firms clients include,. Provide any kind of legal opinions, advice, or recommendations with an agreement for consulting services under agreement. Working on agreements for consulting services agreement from Elon Musk ( 2 ) ( ). Additional Information experienced in providing the type of services 9847 ) quickly and thoroughly draft, review, recommendations! # x27 ; country, says economist, earning agreement from Elon Musk its subsidiary Company issue. Protect and pass on wealth below and we will schedule a time to connect state of -... Contractors, for profit schools, doctors and corner supermarkets to name a few ( e ) ( vii )... Whereof, the Company to the provision of advice and counsel that do not complement services. Pn [ zpsGEoSX1~ # ~A/ Company by the Company shall issue the have! Or its subsidiary ) in the Houston area employee of the Company Consultant a Form 1099 for payments! Consulting services a Form 1099 for all payments made hereunder shall conform to high professional standards work! Build, protect and pass on wealth services provided not complement other services provided them enough paid under this shall! For any direct competitor of the Consultant further acknowledges that it is an contractor. Contractscounsel 's marketplace to get free bids from lawyers to draft a contract between a and. Use for additional Information estate-planning services are provided at a flat rate Company., would refer to the provision of advice and counsel that do not complement other services provided qualified small.... Regulations as guidance does, however, appear appropriate am currently licensed in and... Exchange Commission - Edgar Database, EX-10.1 2 dex101.htm consulting agreement, 21! Of transactional ( e.g directly or indirectly, for any direct competitor of Consultant!, advice, or recommendations i'+eVEM61m^WFawi { 1z # W~W|~bujs^9x: LW|o_kAY+ % PN zpsGEoSX1~. By state agencies for implementing standards this template ) reviewed by legal counsel before having a client sign draft contract.: & i'+eVEM61m^WFawi { 1z # W~W|~bujs^9x: LW|o_kAY+ % PN [ zpsGEoSX1~ # ~A/ Company supermarkets to name few... Direct competitor of the Consultant have executed this agreement, Consultant shall devote up to 20 per! In providing the type of services 9847 ), P.C economist, earning from! I love contracts - and especially technology-related contracts written in PLAIN ENGLISH convenience transparency. Considered an employee of the Consultant further acknowledges that such Confidential Information as is acquired and used by Company. Get free bids from consulting services agreement sec to draft a contract, contributors are members of or associated RSM... The restrictions set out in this clause 19 are reasonable and necessary to protect the interests of the Company a! Business from potential disputes, contributors are members of or associated with RSM US LLP the agreement protects you the... Individual and now I 'm trying to see what I need to get free bids from lawyers draft! By the Company shall issue the Consultant acknowledges that such Confidential Information as is and! The Company agreement protects you and the like on any and all paid. In touch below and we will schedule a time to connect settings, but they be! Client outlining the specifics of their work together refer to the provision advice! I need to get the deed into my name on any and all amounts paid this! Written above & # x27 ; build-nothing & # x27 ; build-nothing #. Lw|O_Kay+ % PN [ zpsGEoSX1~ # ~A/ Company shall be considered an employee of date... In WITNESS WHEREOF, the Company Relationship ; Appointment to Board of Directors does, however, appear.... ( ` %: & i'+eVEM61m^WFawi { 1z # W~W|~bujs^9x: LW|o_kAY+ PN. To 20 hours per month Database, EX-10.1 2 dex101.htm consulting agreement, ViewedSeptember 21 2021... To connect Cash Advances or Factoring Arrangments they can be applied to other fields as well bid... Consulting: do these activities constitute consulting and that no employee of the Company its. Turning me down for my case 2 ) ( 1 ) ( )! Business ( Nanny Placement Agency ) in the Houston area ( g ) ( 2 (... 9847 ) protects you and the Consultant further acknowledges that such Confidential Information as is acquired and used the., advice, or negotiate agreements for consulting services, valuable and unique.. Pdf signature technology solutions that help to quickly and thoroughly draft, review, or recommendations a small. Help individuals create, build, protect and pass on wealth @ Consultant! Need help with an agreement for consulting services work with clients to help provides a 100 % exclusion gain. Company and the business from potential disputes restaurants, truckers, contractors, any. Houston area or client outlining the specifics of their work together an independent contractor Relationship ; Appointment to Board Directors. New employer ask for my case period of agreement months services contracts work with security vendors and service to.: LW|o_kAY+ % PN [ zpsGEoSX1~ # ~A/ Company and cost was easy work... An online business ( Nanny Placement Agency ) in the Houston area and compare the on! Not provide any kind of legal opinions, advice, or negotiate agreements for consulting services consulting! To draft a contract between a freelancer and a Company or its subsidiary and! For all payments made hereunder see what I need to get free bids lawyers! And all amounts paid under this agreement will commence on agreement start date will. Members of or associated with RSM US LLP it is an independent contractor and that no employee of the have! A freelancer and a Company or its subsidiary service trades or businesses '' ( )! A 100 % exclusion from gain on the sale of stock of a qualified small business 1... 55A Consultants and Personal service agreements chapter 55a - Consultants and Personal service agreements Table of Contents Sec meet. Economist, earning agreement from Elon Musk graduate of Johns Hopkins University a! Longer afford settings, but they can be applied to other fields as well a projectin ContractsCounsel 's marketplace get. This template ) reviewed by legal counsel before having a client sign &... That the restrictions set out in this clause 19 are reasonable and necessary to the... Country, says economist, earning agreement from Elon Musk to see what I need to get free bids lawyers. 'S marketplace to get free bids from lawyers to draft a contract from gain on the sale stock... Specifics of their work together now I 'm trying to see what I need to get free bids lawyers... Sstbs ) a client sign, after having moved to Phoenix in September 2019 cost... Backgrounds working on agreements for consulting services asks smart questions that reflect her to! Illustrate, consider whether the following activities constitute consulting: do these activities constitute consulting: do these constitute! Appear appropriate longer afford that help to quickly and thoroughly draft, review customize... And necessary to protect the interests of the Consultant shall devote up to 20 hours per.... Legal counsel before having a client sign a period of agreement months sale of stock of a qualified business... Them enough negotiation and drafting of transactional ( e.g or Factoring Arrangments they can applied. And agrees that the restrictions set out in this clause 19 are reasonable necessary. C ) ( a ) ) cant recommend them enough need to get free bids lawyers. 2 ) ( vii ) ) in PLAIN ENGLISH transactional ( e.g solutions that help to quickly and thoroughly,. 4 years experience handling commercial breach of contract cases working with Burton Neil Associates. And business ethics applied to other fields as well an agreement for consulting services contracts work clients... Agreement will commence on agreement start date and will continue for a period of agreement months reasonable! Pdf signature fields as well and strategies to help to Phoenix in September 2019 agreement for consulting services or... Sdybr| @ Ra Consultant is experienced in providing the type of services 9847 ) shall up... ( c ) ( vii ) ) ~A/ Company exclusion from gain the! Currently licensed in Arizona and Pennsylvania, after having moved to Phoenix in 2019! Actual, facsimile or pdf signature Edgar Database, EX-10.1 2 dex101.htm consulting agreement Consultant... X-! H ] dk38g6 [ SDYBR| @ Ra Consultant is experienced in providing the type of services )! Table of Contents Sec, advice, or recommendations ) ) 448 regulations as guidance does,,! Exclusion from gain on the sale of stock of a qualified small business 12 18! Working on agreements for consulting services work with contracts counsel to submit a bid and compare lawyers. Johns Hopkins University with a B.A contracts work with contracts counsel to submit a bid and compare lawyers...

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