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Account Management Agreement Template for Switzerland

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Key Requirements PROMPT example:

Account Management Agreement

"I need a Swiss-law Account Management Agreement for a private banking relationship between an independent asset manager and a high-net-worth individual client, including provisions for discretionary portfolio management and detailed reporting requirements to be implemented by March 2025."

Document background
The Account Management Agreement is essential for financial institutions and asset managers operating in Switzerland who provide professional account management services to clients. This document is typically used when establishing new account management relationships or updating existing arrangements to comply with current Swiss regulations. It encompasses crucial elements required by Swiss financial services laws, including FinSA and FinIA compliance, client classification, investment parameters, fee structures, and risk disclosures. The agreement serves as the primary contractual framework governing the relationship between account managers and their clients, whether private individuals, corporations, or institutional investors. It includes specific provisions for Swiss regulatory requirements, including anti-money laundering compliance, data protection, and financial market regulations.
Suggested Sections

1. Parties: Identification of the account manager and the client, including regulatory status and contact details

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of account management services to be provided

5. Client Classification: Classification of the client according to FinSA categories (private, professional, or institutional)

6. Duties and Responsibilities: Obligations of both the account manager and the client

7. Investment Guidelines: Parameters and restrictions for account management activities

8. Fees and Charges: Detailed fee structure, calculation methods, and payment terms

9. Reporting and Communication: Frequency and format of account reports and communication methods

10. Risk Disclosures: Mandatory risk warnings and acknowledgments

11. Confidentiality and Data Protection: Provisions for handling confidential information and personal data under Swiss law

12. Anti-Money Laundering: AML obligations and compliance requirements

13. Duration and Termination: Term of agreement and termination provisions

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Electronic Services: Terms for online account access and digital services, if provided

2. Third-Party Authorization: Provisions for authorized representatives or power of attorney, if applicable

3. Foreign Account Tax Compliance: FATCA/CRS provisions for international clients

4. Custody Services: Terms for safekeeping of assets, if custody services are included

5. Credit Facilities: Terms for any overdraft or credit facilities, if offered

6. Additional Services: Terms for any additional services like tax reporting or estate planning

7. Insurance Coverage: Details of professional indemnity insurance, if specifically required

Suggested Schedules

1. Schedule 1: Fee Schedule: Detailed breakdown of all fees, charges, and commission structures

2. Schedule 2: Investment Guidelines: Detailed investment restrictions, asset allocation, and investment strategy

3. Schedule 3: Authorized Persons: List of authorized signatories and their signing powers

4. Schedule 4: Account Details: Specific account information and reference numbers

5. Appendix A: Risk Disclosure Statement: Detailed risk warnings and disclaimers as required by FinSA

6. Appendix B: Data Protection Notice: Detailed privacy policy and data protection information

7. Appendix C: Service Level Agreement: Specific service standards and performance metrics

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

Banking

Financial Services

Asset Management

Wealth Management

Private Banking

Investment Management

Corporate Banking

Trust Services

Family Office Services

Financial Technology

Relevant Teams

Legal

Compliance

Account Management

Private Banking

Wealth Management

Risk Management

Operations

Client Services

Investment Management

Financial Control

Client Onboarding

Product Development

Relevant Roles

Relationship Manager

Account Manager

Compliance Officer

Legal Counsel

Investment Advisor

Portfolio Manager

Risk Manager

Client Services Director

Head of Private Banking

Chief Investment Officer

Operations Manager

Financial Controller

Wealth Manager

Trust Officer

Client Onboarding Specialist

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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