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Financial Management Agreement
"I need a Financial Management Agreement for my boutique investment firm to manage a high-net-worth client's portfolio of £50 million, focusing on sustainable investments and including specific ESG criteria, with services commencing January 2025."
1. Parties: Identification of the financial manager and client
2. Background: Context of the agreement and parties' intentions
3. Definitions: Key terms used throughout the agreement
4. Appointment and Authority: Scope of manager's appointment and powers
5. Investment Objectives: Agreed investment strategy and objectives
6. Services: Detailed description of services to be provided by the manager
7. Client Obligations: Responsibilities and obligations of the client
8. Fees and Expenses: Management fees, costs, and payment terms
9. Reporting Requirements: Frequency and content of reports to client
10. Representations and Warranties: Legal assurances provided by both parties
11. Liability and Indemnification: Extent of manager's liability and indemnification provisions
12. Confidentiality: Treatment of confidential information
13. Data Protection: Compliance with data protection laws and privacy requirements
14. Termination: Circumstances and process for ending the agreement
15. Governing Law and Jurisdiction: Application of English and Welsh law and jurisdiction
1. Custody Arrangements: Terms for custody services when the manager also acts as custodian
2. Foreign Exchange Services: Terms for currency exchange services when managing international investments
3. ESG Investment Criteria: Environmental, social and governance investment criteria and reporting
4. Delegation: Terms governing the manager's ability to delegate services to third parties
5. Force Majeure: Provisions for extraordinary events affecting performance
1. Investment Guidelines and Restrictions: Detailed investment parameters, restrictions, and permissible investments
2. Fee Schedule: Detailed breakdown of management fees, performance fees, and other charges
3. Risk Disclosures: Comprehensive risk warnings and disclosures specific to the investment strategy
4. Authorized Persons: List of individuals authorized to give instructions on behalf of both parties
5. Reporting Template: Format and content requirements for periodic client reports
6. Service Level Agreement: Detailed performance standards and service levels
7. Compliance Requirements: Specific regulatory and compliance obligations applicable to the relationship
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