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Mutual Fund Agreement Template for Canada

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Key Requirements PROMPT example:

Mutual Fund Agreement

"I need a Mutual Fund Agreement for a new balanced fund launching in March 2025, focusing on retail investors with systematic investment plans and online account access features."

Document background
The Mutual Fund Agreement serves as the foundational document for establishing and managing mutual fund investments in Canada. It is typically used when investors seek to participate in professionally managed investment funds and requires careful consideration of both federal and provincial regulatory requirements. The agreement encompasses essential elements such as investment terms, fee structures, risk disclosures, and operational procedures, while ensuring compliance with Canadian securities legislation including National Instruments 81-102 and 81-101. This document is crucial for fund managers, trustees, and investors as it defines their rights, responsibilities, and the overall framework for the investment relationship while incorporating necessary regulatory safeguards and disclosure requirements.
Suggested Sections

1. Parties: Identification of the mutual fund company, fund manager, trustee (if applicable), and investor

2. Background: Context of the agreement and general purpose of the mutual fund investment relationship

3. Definitions: Key terms used throughout the agreement including fund units, NAV, prospectus, etc.

4. Investment Terms: Basic terms governing the investment, including subscription, redemption, and transfer of fund units

5. Fund Operations: Details of how the fund is managed, investment objectives, and strategies

6. Fees and Expenses: Management fees, operating expenses, sales charges, and other applicable fees

7. Risk Acknowledgment: Disclosure of investment risks and investor acknowledgment of understanding

8. Representations and Warranties: Statements of fact and guarantees from both parties

9. Privacy and Confidentiality: Handling of personal and confidential information

10. Regulatory Compliance: Compliance with applicable securities laws and regulations

11. Account Administration: Procedures for account maintenance, statements, and communications

12. Termination: Conditions and procedures for terminating the agreement

13. General Provisions: Standard legal provisions including governing law, amendments, and notices

Optional Sections

1. Systematic Investment Plan: Include when offering regular investment payment options

2. Tax-Advantaged Accounts: Include for RRSP, TFSA, or other registered accounts

3. Foreign Investment Provisions: Include for funds with international investments

4. Currency Hedging: Include for funds offering currency hedging options

5. Electronic Services: Include for online/digital account access and trading

6. Joint Account Provisions: Include for accounts with multiple holders

7. Dealer Service Fee Arrangements: Include when involving third-party dealers

8. Locked-in Provisions: Include for pension-derived funds subject to locking-in requirements

Suggested Schedules

1. Schedule A - Fund Details: Specific details of the mutual fund(s) including investment objectives, strategies, and restrictions

2. Schedule B - Fee Schedule: Detailed breakdown of all applicable fees and charges

3. Schedule C - Risk Disclosure Statement: Comprehensive risk factors and disclosure requirements

4. Schedule D - KYC Information: Know Your Client information and investor profile

5. Schedule E - Operating Procedures: Detailed procedures for subscriptions, redemptions, and transfers

6. Appendix 1 - Investment Instructions: Specific investment instructions and preferences

7. Appendix 2 - Authorization Forms: Required authorization and signature forms

8. Appendix 3 - Tax Forms: Relevant tax forms and declarations

Authors

Alex Denne

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

Relevant legal definitions






































Clauses






























Relevant Industries

Financial Services

Investment Management

Banking

Securities Trading

Wealth Management

Asset Management

Fund Administration

Professional Services

Financial Technology

Retirement Services

Relevant Teams

Legal

Compliance

Investment Management

Operations

Risk Management

Client Services

Product Development

Fund Administration

Wealth Management

Investment Advisory

Relevant Roles

Fund Manager

Compliance Officer

Legal Counsel

Investment Advisor

Portfolio Manager

Risk Manager

Operations Director

Chief Investment Officer

Financial Advisor

Wealth Manager

Trust Officer

Product Manager

Relationship Manager

Chief Compliance Officer

Investment Operations Manager

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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