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Financial Management Agreement for the United Kingdom

Financial Management Agreement Template for England and Wales

A Financial Management Agreement is a legally binding contract governed by the laws of England and Wales that establishes the terms and conditions under which an investment manager provides professional investment management services to a client. The agreement details investment objectives, strategy, fees, reporting requirements, and risk management protocols while ensuring compliance with FCA regulations and relevant financial services legislation.

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What is a Financial Management Agreement?

A Financial Management Agreement is essential when establishing a professional investment management relationship. This document, governed by English and Welsh law, outlines the scope of services, investment strategy, risk parameters, and regulatory compliance requirements. It protects both parties by clearly defining responsibilities, fee structures, reporting obligations, and termination provisions. The agreement is particularly crucial in the regulated financial services sector, where it must comply with FCA requirements and various financial services legislation.

What sections should be included in a Financial Management Agreement?

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

What sections are optional to include in a Financial Management Agreement?

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

What schedules should be included in a Financial Management Agreement?

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

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions








































Clauses






























Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, establishing the regulatory framework and FCA's powers

Financial Services Act 2012: Reformed the UK financial regulatory structure, created the FCA and PRA, and amended FSMA 2000

Companies Act 2006: Core company law legislation that governs company formation, management, and administration in the UK

Consumer Rights Act 2015: Legislation protecting consumer rights, particularly relevant if dealing with retail clients in financial services

FCA Handbook - COBS: Conduct of Business Sourcebook - Details specific requirements for how regulated firms should interact with clients

FCA Handbook - SYSC: Senior Management Arrangements, Systems and Controls - Requirements for firm's internal organization and risk management

FCA Handbook - PRIN: Principles for Businesses - Core principles that all regulated firms must follow

Money Laundering Regulations 2017: Regulations requiring firms to prevent money laundering through customer due diligence and monitoring

Data Protection Act 2018: UK's implementation of data protection requirements, including UK GDPR provisions

Proceeds of Crime Act 2002: Legislation dealing with money laundering and proceeds of crime, including reporting obligations

Bribery Act 2010: Anti-corruption legislation requiring firms to prevent bribery in their operations

Modern Slavery Act 2015: Requires larger firms to ensure their business and supply chains are free from slavery and human trafficking

MiFID II (UK): Markets in Financial Instruments Directive as incorporated into UK law, governing investment services

AIFMD (UK): Alternative Investment Fund Managers Directive as incorporated into UK law, governing alternative investment fund management

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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