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The Financial Management Agreement serves as the primary contractual framework for investment management services in Switzerland, establishing the legal relationship between financial services providers and their clients. This document is essential when a client engages a professional investment manager to manage their assets on a discretionary or advisory basis. It must comply with strict Swiss regulatory requirements, including those set forth in the Financial Services Act (FinSA) and Financial Institutions Act (FinIA). The agreement covers crucial aspects such as investment strategy, risk management, fee structures, reporting obligations, and regulatory compliance measures. It is particularly important in the Swiss financial services landscape, known for its sophisticated wealth management services and strong regulatory framework. The document includes specific provisions for client classification, investor protection, and risk disclosure as required by Swiss financial market regulations.

1. Parties: Identification of the financial 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: Key terms used throughout the agreement, including regulatory and financial terms

4. Scope of Services: Detailed description of financial management services, investment strategy, and limitations

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

6. Duties and Responsibilities: Obligations of both parties, including reporting, communication, and decision-making authority

7. Investment Guidelines: Parameters for investments, including permitted asset classes, restrictions, and risk profile

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

9. Reporting and Communications: Frequency and format of portfolio reports, performance updates, and other communications

10. Risk Disclosures: Mandatory risk warnings and acknowledgments as required by Swiss law

11. Conflicts of Interest: Disclosure and management of potential conflicts

12. Data Protection and Confidentiality: Handling of client data and confidential information in accordance with Swiss law

13. Duration and Termination: Term of agreement, termination rights, and procedures

14. Liability and Indemnification: Extent and limitations of liability under Swiss law

15. Final Provisions: Governing law, jurisdiction, amendment procedures, and severability