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Investment Advisory Agreement for the United Kingdom

Investment Advisory Agreement Template for England and Wales

An Investment Advisory Agreement governed by English and Welsh law establishes the formal relationship between an investment advisor and their client. It outlines the scope of advisory services, fee arrangements, and regulatory obligations under UK financial services legislation. The agreement ensures compliance with FCA requirements while protecting both parties' interests through clear definition of responsibilities, risk disclosures, and service parameters.

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Investment Advisory Agreement

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What is a Investment Advisory Agreement?

The Investment Advisory Agreement is essential for financial professionals providing investment advice in the UK. It serves as the cornerstone document defining the advisory relationship, ensuring compliance with Financial Services and Markets Act 2000 and FCA regulations. Used when establishing new advisory relationships or updating existing arrangements, it covers crucial elements including service scope, fees, risk warnings, and regulatory obligations. The agreement is particularly important in England and Wales where financial services are heavily regulated and require specific contractual protections and disclosures.

What sections should be included in a Investment Advisory Agreement?

1. Parties: Identification of the investment advisor and client

2. Background: Context of the agreement and regulatory status of advisor

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of investment advisory services to be provided

5. Fees and Payment: Fee structure, calculation method, and payment terms

6. Client Obligations: Client responsibilities and information provision requirements

7. Regulatory Disclosures: Required risk warnings and regulatory statements

8. Confidentiality: Protection of confidential information

9. Term and Termination: Duration and termination provisions

What sections are optional to include in a Investment Advisory Agreement?

1. Investment Restrictions: Specific investment limitations requested by client - used when client has specific investment preferences or restrictions

2. Performance Reporting: Reporting frequency and content - used when bespoke reporting arrangements are required

3. Foreign Account Provisions: Additional provisions for non-UK clients - used when dealing with international clients

What schedules should be included in a Investment Advisory Agreement?

1. Fee Schedule: Detailed breakdown of fees and charges

2. Investment Strategy: Detailed investment approach and objectives

3. Risk Disclosures: Comprehensive risk warnings

4. Client Classification: Documentation of client's regulatory classification

5. Authorized Persons: List of individuals authorized to give instructions

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

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: Updates and amendments to the FSMA 2000, including changes to regulatory structure and additional consumer protection measures

Regulated Activities Order 2001: Defines which activities require FCA authorization and regulation in the context of investment advice

FCA Handbook - COBS: Conduct of Business Sourcebook - Details specific rules and guidance for firms' business conduct in relation to investment services

FCA Handbook - SYSC: Senior Management Arrangements, Systems and Controls - Requirements for firm governance and operational controls

FCA Handbook - PRIN: Principles for Businesses - Core principles that firms must follow in conducting regulated activities

FCA Handbook - PERG: Perimeter Guidance Manual - Guidance on activities requiring FCA authorization

Consumer Rights Act 2015: Legislation protecting consumer rights and defining business obligations in consumer contracts

Consumer Protection from Unfair Trading Regulations 2008: Regulations prohibiting unfair commercial practices between businesses and consumers

Unfair Terms in Consumer Contracts Regulations 1999: Protections against unfair terms in consumer contracts, particularly relevant for retail clients

Money Laundering Regulations 2017: Requirements for preventing and detecting money laundering and terrorist financing in financial services

Proceeds of Crime Act 2002: Legislation dealing with money laundering offenses and reporting obligations

UK GDPR: Post-Brexit data protection regulation governing the processing of personal data

Data Protection Act 2018: UK's implementation of data protection requirements, working alongside UK GDPR

Common Law Contract Principles: Fundamental principles of contract law including offer, acceptance, consideration, and intention to create legal relations

Misrepresentation Act 1967: Legislation governing false or misleading statements inducing contract formation

UK MiFID II: Post-Brexit implementation of Markets in Financial Instruments Directive II, governing investment services

UK MAR: UK Market Abuse Regulation - Rules preventing market abuse and maintaining market integrity

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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