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Investment Consulting Agreement Template for Switzerland

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Key Requirements PROMPT example:

Investment Consulting Agreement

"I need an Investment Consulting Agreement for my Swiss-based wealth management firm to provide services to high-net-worth private clients, including portfolio review and investment strategy services, with the agreement starting January 2025."

Document background
The Investment Consulting Agreement is essential for financial service providers operating in Switzerland who offer investment advice to clients. This document is specifically designed to comply with Swiss regulatory requirements, particularly the Federal Act on Financial Services (FinSA/FIDLEG) and related regulations. It is used when establishing a professional relationship between an investment consultant and their clients, whether private individuals, corporate entities, or institutional investors. The agreement covers crucial aspects such as service scope, fee structures, risk disclosures, and regulatory compliance measures. It's particularly important in the Swiss context due to the jurisdiction's strict financial regulations and its position as a global financial center. The document must address specific Swiss regulatory requirements including client classification, duty of disclosure, and documentation obligations.
Suggested Sections

1. Parties: Identification of the investment consultant and the client, including full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement, including technical and regulatory terminology

4. Scope of Services: Detailed description of investment consulting services to be provided, including any limitations

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

6. Duties and Responsibilities: Specific obligations of both consultant and client, including information duties and cooperation requirements

7. Fees and Payment Terms: Compensation structure, payment schedule, and any additional costs or expenses

8. Conflicts of Interest: Disclosure and handling of potential conflicts of interest

9. Confidentiality: Obligations regarding confidential information and client data protection

10. Duration and Termination: Term of the agreement, renewal provisions, and termination conditions

11. Liability and Indemnification: Extent and limitations of consultant's liability and any indemnification provisions

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

13. Miscellaneous: Standard provisions including severability, entire agreement, and amendments

Optional Sections

1. Best Execution Policy: Required when the consultant is involved in transaction execution or recommendation

2. Research Services: Include when specific investment research services are part of the offering

3. Portfolio Monitoring: When ongoing portfolio monitoring services are provided

4. Reporting Obligations: Detailed reporting requirements when regular reporting is part of the service

5. Sub-Advisory Arrangements: Include when third-party advisors may be involved

6. International Services: Required when services extend beyond Switzerland

7. Digital Services: Include when offering online platforms or digital tools

Suggested Schedules

1. Schedule A - Service Description: Detailed breakdown of specific investment consulting services

2. Schedule B - Fee Schedule: Detailed fee structure, including calculation methods and examples

3. Schedule C - Client Risk Profile: Client's investment objectives, risk tolerance, and investment restrictions

4. Schedule D - Authorized Representatives: List of persons authorized to act on behalf of the client

5. Appendix 1 - Regulatory Disclosures: Required FinSA disclosures and regulatory information

6. Appendix 2 - Conflict of Interest Policy: Detailed policies and procedures for handling conflicts of interest

7. Appendix 3 - Data Protection Notice: Detailed information about data processing and privacy protection measures

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

Banking

Wealth Management

Asset Management

Investment Advisory

Private Banking

Professional Services

Insurance

Pension Fund Management

Family Office Services

Relevant Teams

Legal

Compliance

Wealth Management

Investment Advisory

Client Relations

Risk Management

Portfolio Management

Operations

Finance

Investment Strategy

Private Banking

Relevant Roles

Investment Consultant

Chief Investment Officer

Wealth Manager

Financial Advisor

Compliance Officer

Legal Counsel

Risk Manager

Client Relationship Manager

Portfolio Manager

Investment Strategist

Managing Director

Head of Wealth Management

Private Banker

Investment Committee Member

Chief Financial Officer

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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