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Investment Mandate Agreement for Australia

Investment Mandate Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the terms and conditions under which an investment manager provides professional investment management services to a client. The document outlines investment objectives, strategies, restrictions, fee structures, and reporting requirements while ensuring compliance with Australian financial services regulations, including the Corporations Act 2001 and ASIC requirements. It includes detailed provisions for risk management, performance measurement, and client communication protocols, incorporating necessary safeguards and obligations for both parties.

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What is a Investment Mandate Agreement?

The Investment Mandate Agreement is a crucial document in the Australian financial services landscape, used when a client delegates investment management authority to a professional investment manager. This agreement type is essential for maintaining compliance with Australian financial services regulations, particularly the Corporations Act 2001 and ASIC requirements. It typically includes comprehensive details about investment strategies, risk parameters, performance benchmarks, fee structures, and reporting obligations. The document is designed to protect both the investment manager and the client by clearly defining the scope of authority, responsibilities, and service expectations. It's particularly relevant for managed funds, institutional investments, private wealth management, and other professional investment management relationships where clear guidelines and parameters need to be established.

What sections should be included in a Investment Mandate Agreement?

1. Parties: Identification of the investment manager and the client, including ABN/ACN and relevant licenses

2. Background: Context of the agreement, client's investment objectives, and confirmation of the manager's authority

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Appointment and Authority: Formal appointment of the investment manager and scope of authority

5. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any restrictions

6. Services and Obligations: Detailed description of services to be provided and manager's obligations

7. Client's Obligations: Client's responsibilities, including information provision and cooperation

8. Risk Acknowledgments: Disclosure of investment risks and client acknowledgments

9. Fees and Expenses: Fee structure, calculation methods, and payment terms

10. Reporting and Valuations: Reporting obligations, frequency, and valuation methodologies

11. Compliance and Regulatory Matters: Regulatory compliance obligations and requirements

12. Representations and Warranties: Standard and specific representations by both parties

13. Liability and Indemnification: Limitations of liability and indemnification provisions

14. Termination: Termination rights, process, and consequences

15. Confidentiality and Privacy: Protection of confidential information and privacy obligations

16. General Provisions: Standard provisions including notices, amendments, governing law

What sections are optional to include in a Investment Mandate Agreement?

1. International Investments: Additional provisions for international investments and foreign currency management

2. Derivatives Trading: Specific provisions for derivative instruments if part of investment strategy

3. Custody Arrangements: Details of custody arrangements if separate from investment management

4. ESG Requirements: Environmental, Social and Governance investment criteria and reporting

5. Soft Dollar Arrangements: Provisions regarding soft dollar benefits and disclosure

6. Performance Fees: Additional provisions for performance-based fee structures

7. Side Letter Provisions: Reference to any side letter arrangements or special terms

8. Multi-Currency Provisions: Specific provisions for handling multiple currencies

What schedules should be included in a Investment Mandate Agreement?

1. Investment Guidelines: Detailed investment parameters, restrictions, and benchmarks

2. Fee Schedule: Detailed breakdown of all fees, charges, and calculation methodologies

3. Authorized Persons: List of authorized representatives for both parties

4. Reporting Requirements: Detailed reporting formats, templates, and timeframes

5. Risk Management Framework: Detail of risk management processes and limitations

6. Valuation Principles: Detailed methodology for asset valuation

7. Execution Policy: Best execution policy and trading procedures

8. Service Level Agreement: Detailed service standards and performance metrics

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions




















































Clauses




































Relevant Industries

Financial Services

Investment Management

Wealth Management

Private Banking

Superannuation

Asset Management

Fund Management

Family Office Services

Professional Services

Corporate Advisory

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Client Services

Operations

Finance

Portfolio Management

Wealth Management

Product Development

Investment Advisory

Due Diligence

Relevant Roles

Investment Manager

Portfolio Manager

Chief Investment Officer

Compliance Officer

Legal Counsel

Risk Manager

Relationship Manager

Investment Advisor

Fund Manager

Chief Financial Officer

Operations Manager

Investment Analyst

Client Services Manager

Wealth Manager

Financial Controller

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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