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Financial Investment Agreement Template for Netherlands

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Key Requirements PROMPT example:

Financial Investment Agreement

"I need a Financial Investment Agreement governed by Dutch law for a professional asset management firm managing a EUR 50M portfolio for a pension fund, with quarterly reporting requirements and ESG investment restrictions to be effective from March 2025."

Document background
The Financial Investment Agreement serves as the primary contractual framework for investment management relationships in the Netherlands. It is essential for establishing professional investment services, whether for institutional, professional, or retail clients, and must comply with the Dutch Financial Supervision Act (Wft) and European regulations such as MiFID II. This document is typically used when an investment manager or financial institution takes on the responsibility of managing client assets, requiring careful consideration of investment objectives, risk profiles, and regulatory requirements. The agreement addresses crucial elements including investment mandate, fee structures, risk disclosures, reporting obligations, and investor protections, while ensuring compliance with Dutch financial regulations and EU directives. It's particularly important for establishing clear accountability and governance structures in investment relationships, incorporating necessary regulatory safeguards and operational procedures.
Suggested Sections

1. Parties: Identification of the investment manager/firm and investor(s), including their legal status and contact details

2. Background: Context of the investment relationship and purpose of the agreement

3. Definitions and Interpretation: Definitions of key terms, financial instruments, and interpretation rules

4. Appointment and Authority: Scope of investment manager's appointment and authority to act

5. Investment Strategy and Objectives: Agreed investment strategy, objectives, and any restrictions

6. Investment Process: Details of how investments will be made, including decision-making process

7. Fees and Expenses: Management fees, performance fees, and other costs

8. Risk Disclosures: Mandatory risk warnings and acknowledgments

9. Representations and Warranties: Standard and specific representations by both parties

10. Reporting and Valuations: Frequency and content of reports, valuation methodology

11. Term and Termination: Duration of agreement and termination provisions

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection: GDPR compliance and data processing terms

14. Notices: Method and timing of formal communications

15. Governing Law and Jurisdiction: Dutch law provisions and jurisdiction for disputes

Optional Sections

1. Key Information Document: Required for retail investors under PRIIPs regulation

2. Client Classification: Include when dealing with retail clients under MiFID II

3. Investment Committee: Include when investment decisions require committee approval

4. Co-Investment Rights: Include for agreements involving potential co-investment opportunities

5. Distribution Policy: Include for investment vehicles with regular distribution mechanisms

6. Side Letter Terms: Include when certain investors receive special terms or rights

7. ESG Provisions: Include for sustainable or ESG-focused investments

8. Tax Considerations: Include specific tax provisions for complex investment structures

Suggested Schedules

1. Investment Policy: Detailed investment guidelines, restrictions, and permitted investments

2. Fee Schedule: Detailed breakdown of all fees, costs, and calculation methodologies

3. Subscription Form: Standard form for making initial and subsequent investments

4. KYC Requirements: Required documentation for anti-money laundering compliance

5. Risk Disclosure Statement: Comprehensive risk factors and scenarios

6. Valuation Methodology: Detailed procedures for valuing different types of investments

7. Service Providers: List of key service providers and their roles

8. Reporting Templates: Standard formats for periodic reports and valuations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Asset Management

Investment Banking

Private Equity

Venture Capital

Insurance

Pension Funds

Wealth Management

Corporate Banking

Fund Administration

FinTech

Professional Services

Real Estate Investment

Infrastructure Investment

Relevant Teams

Legal

Compliance

Risk Management

Investment Management

Client Services

Operations

Fund Administration

Regulatory Affairs

Product Development

Due Diligence

Portfolio Management

Client Onboarding

Investment Advisory

Asset Management

Relevant Roles

Investment Manager

Legal Counsel

Compliance Officer

Risk Manager

Portfolio Manager

Fund Manager

Chief Investment Officer

Head of Asset Management

Investment Advisor

Client Relationship Manager

Chief Financial Officer

General Counsel

Regulatory Affairs Manager

Operations Director

Due Diligence Officer

Investment Analyst

Product Manager

Chief Operating Officer

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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