We work with management consultancy. THERE IS NO SPECIFIC REGULATION.
However, cryptocurrencies are not common DIGITAL assets, WITH THE POSSIBILITY OF LEASING, making them free, atypical and unique commercial operations.
If the contract indicates the atypicality of the investment, it is reasonable to state that this activity will not be within the scope of the CVM (Braisl) among other paidses.
In these terms, a client requested a draft that complies with the governing legislation, and inquiring into the legal nature of cryptocurrency,
it was possible to draw up the following consultancy contract, of a civil nature.
This subject of crypto, tokenization and NFT model is free from regulation.
AGREEMENT FOR THE PROVISION OF CRYPTOCURRENCY CONSULTANCY AND MANAGEMENT SERVICES
By this private instrument, and in the best form of law, the following parties qualify:
The parties have between them, fairly and contractually, this AGREEMENT FOR THE PROVISION OF CRYPTOCURRENCY CONSULTANT AND MANAGEMENT SERVICES,
which will be carried out subject to the following clauses and conditions:
1. OBJECT OF THE CONTRACT
1.1 The purpose of this contract is the provision of cryptocurrency consultancy and management services by the CONTRACTED PARTY, under the conditions of this contract.
2. CONTRACTOR'S OBLIGATIONS
2.1 The CONTRACTOR will promote consultative management of the resources contributed by the CONTRACTOR, for the purpose of obtaining appreciation for the resources contributed.
2.2 Under this contract, the CONTRACTED PARTY will perform the following services:
a) Carry out the management and custody of the CONTRACTING PARTY’s resources;
b) Carry out cryptocurrency negotiations with the CONTRACTING PARTY’s resources;
c) Carry out internal market analyzes to strategically and pragmatically allocate the CONTRACTOR's resources in cryptocurrencies;
d) Adopt the best resource allocation practices, in order to ensure the return of the resources contributed, plus the remuneration provided for in this contract;
e) Ensure the full refund of the resources contributed at the end of this contract, without prejudice to the transfers of monthly payments provided for in this contract.
2.3 When it comes to the adoption of resource allocation strategies in cryptocurrencies and expertise accumulated by the CONTRACTOR, constituting business secrets, the CONTRACTED PARTY is not obliged to demonstrate to the CONTRACTING PARTY the differentiated resource allocation strategies in cryptocurrencies.
3. RESOURCE CONTRIBUTION
3.1 The CONTRACTOR, on this opportunity, of his own free will, makes a contracted contribution to the plan chosen on the platform that is activated after depositing the digital asset; by transferring the asset to the BR Capital Trade wallet informed by the CONTRACTOR,
in order to begin the current provision of services.
3.2 The CONTRACTOR may make new contributions by requesting and signing a new PACKAGE and specific contract.
4. REDEMPTIONS OF CONTRIBUTIONS
4.1 As a result of the work detailed in item 2.2 above, the CONTRACTOR will have assured the right to redemptions in accordance with the contracted packages
on the gross amount of the initial contribution made, to be deposited, regardless of request, in the current account indicated by the CONTRACTOR,
to be carried out by the 2nd (second) business day counting from the end of the reference month.
Therefore, for better clarity, for the purposes of this clause, considering that the initial contribution made was in accordance with the contracted plan,
the assured redemption will be in accordance with the contracted plan.
4.2 The full redemption of the principal will be carried out by the 2nd (second) business day counting from the end of the month in which this contract expires.
Therefore, for better clarity, for the purposes of this clause, considering that the initial contribution made in accordance with the contracted plan, the full redemption of
resources contributed at the end of this contract will be in accordance with the contracted plan, without prejudice to partial and additional redemptions to the principal,
indicated in item 4.1 above.
4.3 Failure to pay contributions by the due date will subject the CONTRACTOR to payment of the updated debt.
4.4 The parties agree that due to the nature of this management contract, the CONTRACTOR declares to know and agree, under the terms of the contract,
that the redemption of the principal cannot be requested before the term of this contract.
If the CONTRACTED PARTY is compelled to return the initial contribution before the deadline stipulated in this contract, the CONTRACTED PARTY may deduct from the principal invested the
percentage of 30% (thirty percent) of the initial contribution made by the CONTRACTOR, plus withdrawal and movement fees. Without prejudice to the loss of additions
indicated in item 4.2 above, as severance expenses.
5.1 This risk contract is signed with the success clause, as the CONTRACTED PARTY's variable remuneration is related to the performance of the management of
DIGITAL resources of the CONTRACTOR, and the remuneration will correspond to the results obtained with the services performed, in accordance with item 2.2 of this contract,
that exceed the percentage according to the monthly contracted plan on the resources contributed by the CONTRACTOR in favor of the CONTRACTOR,
independent of demonstration or accountability for the CONTRACTOR.
5.2 The only remuneration due to the CONTRACTOR under this contract is described in clause 5.1 above,
and all fees and expenses necessary for the normal provision of services, subject of this contract, are borne by the CONTRACTED PARTY.
6. TERM OF THE CONTRACT
6.1 The term of this contract is for a determined period, starting on the date of contribution of resources and ending at the end according to the contracted plan.
6.2 This contract will be considered fully terminated in the event of insolvency of either party, force majeure or change in legislation that
makes the continued provision and/or contracting of Services technically or commercially unfeasible, in which case no fine or compensation will be applicable.
6.3 This contract may be terminated at any time by the CONTRACTOR, upon communication to the opposing party, if high market volatility is observed
of variable income from cryptocurrencies that makes it impossible to maintain the expected rate of return. In this case, the CONTRACTED PARTY will have a period of 365 (12 months) 365 working days
to fully refund the contribution and proportional results obtained until termination.
7. DEFAULT
7.1 If either party defaults on its obligations hereunder, the innocent party will notify the
defaulting party to comply with its obligations or remedy any irregularities within a maximum, non-extendable period of 10 (ten) days,
from the date of receipt of the notification.
8. EXECUTION OF SERVICES
8.1 The services covered by this contract will be carried out by the CONTRACTED PARTY, under its exclusive responsibility, in accordance with this contract.
8.2 The services will be provided by the CONTRACTED PARTY at a time convenient to it, according to its own criteria, within the opening hours of the
CONTRACTOR for the provision of services.
8.3 THE CONTRACTOR declares that all of the CONTRACTOR's resources will be allocated to operations with cryptocurrencies, which are currently legal, declaring that it will not carry out
any illicit or immoral activities with the resources contributed.
9.1. CONFIDENTIALITY
9.1 The Parties mutually undertake to ensure the maintenance of the confidentiality of all commercial secrets, technical knowledge and other
information that they become aware of each other as a result of the commercial relationship covered by this contract, and cannot be used
any such confidential information, unless expressly authorized to do so by its holder. In this sense, each Party must,
and to this end, it will exercise all its powers, cause its partners, affiliated companies, administrators, representatives, employees and/or any
other people under their responsibility (direct or indirect) keep all the terms and conditions of this Agreement confidential.
10. GENERAL PROVISIONS
10.1 Any change to this contract will only produce legal effects if made in writing and signed by both parties.
10.2 Neither party may assign any of its rights or transfer any of its obligations arising from this contract without prior
consent of the other party.
10.3 The CONTRACTOR assumes full responsibility for the veracity of the data and information provided to the CONTRACTED PARTY, declaring the lawful origin
of the resources applied, exempting the CONTRACTOR from any liability due to the unsuitability of said resources.
10.4 This Agreement does not establish a mutual or loan agreement between the parties, but rather consultancy and resource management, and does not yet establish
between the Parties any tax, labor or social security relationship, not even a corporate relationship or business intermediation for results,
nor establishing a joint venture, association, representation, agency, franchise or brokerage.
11. FORUM
The parties elect the ARBITRAL COURT of the Capital of Belize, with express waiver of any other, however privileged it may be or will be, to resolve
any questions or doubts arising from this instrument.
And, therefore, as they are fair and contracted, they sign this instrument in two copies of equal content.
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