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Financial Management Agreement Template for Ireland

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Key Requirements PROMPT example:

Financial Management Agreement

"I need a Financial Management Agreement for my Dublin-based wealth management firm to provide discretionary investment services to high-net-worth retail clients, with specific provisions for ESG investment restrictions and quarterly performance reporting."

Document background
The Financial Management Agreement is a crucial document used when establishing a professional financial management relationship between a regulated financial services provider and their clients in Ireland. It serves as the primary contract governing the provision of financial management services, including investment management, advisory services, and related financial activities. The agreement must comply with Irish regulatory requirements, including the Central Bank of Ireland's regulations, MiFID II implementation, Consumer Protection Code, and GDPR. It is typically used when clients seek professional management of their investment portfolios, require ongoing financial advice, or need comprehensive financial planning services. The document encompasses essential elements such as service scope, fee structures, risk disclosures, reporting requirements, and regulatory compliance measures specific to the Irish financial services sector.
Suggested Sections

1. Parties: Identification of the financial manager and client, including regulatory status and contact details

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope of Services: Detailed description of the financial management services to be provided and the appointment of the manager

5. Regulatory Status and Compliance: Statements regarding regulatory compliance and relevant authorizations

6. Client Categorization: Classification of the client under MiFID II and implications thereof

7. Authority and Client Instructions: Extent of manager's authority and procedures for client instructions

8. Fees and Charges: Detailed fee structure, payment terms, and any additional charges

9. Reporting and Valuations: Frequency and content of reports and valuations to be provided

10. Risk Disclosures: Mandatory risk warnings and disclosures

11. Client's Warranties and Acknowledgments: Client confirmations and understanding of services and risks

12. Data Protection and Confidentiality: GDPR compliance and confidentiality obligations

13. Termination: Conditions and process for terminating the agreement

14. Liability and Indemnification: Extent of manager's liability and any indemnification provisions

15. General Provisions: Standard legal provisions including governing law, notices, and amendments

Optional Sections

1. Investment Objectives and Restrictions: Used when the agreement includes discretionary investment management, defining investment strategy and any restrictions

2. Custody Arrangements: Required when the manager arranges custody services or works with third-party custodians

3. Online Services Access: Include when providing online portfolio access or digital services

4. Third Party Authorities: Used when third parties may have authority to act on behalf of the client

5. Tax Reporting: Include when tax reporting services are part of the offering

6. Research Services: Required when providing investment research as part of the service

7. Corporate Actions: Include when managing investments that may involve corporate actions

8. Foreign Exchange Services: Used when currency exchange services are provided

Suggested Schedules

1. Schedule 1: Fee Schedule: Detailed breakdown of all fees, charges, and commission structures

2. Schedule 2: Services Description: Comprehensive description of all services provided under the agreement

3. Schedule 3: Investment Mandate: Detailed investment strategy, objectives, and restrictions

4. Schedule 4: Risk Disclosure Statement: Detailed risk warnings and specific product risks

5. Schedule 5: Client Information Form: Client details, investment knowledge, and experience assessment

6. Appendix A: Authorized Persons: List of persons authorized to give instructions on behalf of the client

7. Appendix B: Data Processing Terms: Detailed GDPR-compliant data processing terms

8. Appendix C: Execution Policy: Details of the firm's order execution policy as required by MiFID II

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

Investment Management

Private Banking

Wealth Management

Asset Management

Corporate Banking

Pension Fund Management

Family Office Services

Financial Advisory Services

Fund Administration

Relevant Teams

Legal

Compliance

Investment Management

Client Relations

Risk Management

Operations

Finance

Private Banking

Wealth Management

Portfolio Administration

Relevant Roles

Chief Investment Officer

Portfolio Manager

Financial Advisor

Compliance Officer

Legal Counsel

Risk Manager

Client Relationship Manager

Investment Analyst

Operations Manager

Financial Controller

Wealth Manager

Fund Manager

Investment Director

Chief Financial Officer

Head of Private Banking

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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