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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."
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
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
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
Financial Services
Investment Management
Private Banking
Wealth Management
Asset Management
Corporate Banking
Pension Fund Management
Family Office Services
Financial Advisory Services
Fund Administration
Legal
Compliance
Investment Management
Client Relations
Risk Management
Operations
Finance
Private Banking
Wealth Management
Portfolio Administration
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
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