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Fund Distribution Agreement Template for Netherlands

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Key Requirements PROMPT example:

Fund Distribution Agreement

"I need a Fund Distribution Agreement under Dutch law for appointing a distributor to market our UCITS funds to retail investors in the Netherlands and Belgium, with the agreement to commence on March 1, 2025, including specific provisions for online distribution platforms."

Document background
A Fund Distribution Agreement is essential for investment management companies seeking to distribute their funds through third-party channels in the Netherlands. This agreement type is required when a fund manager wishes to appoint distributors to market and sell their investment products, whether to retail or institutional investors. The agreement must comply with Dutch financial regulations, particularly the Financial Supervision Act (Wft) and MiFID II implementation, and typically includes detailed provisions on distribution rights, territory restrictions, regulatory compliance requirements, commission structures, and operational procedures. It's particularly important in the context of Dutch financial services law, which imposes strict requirements on the distribution of financial products and the protection of investors. The agreement serves as the primary legal framework governing the relationship between fund providers and their distribution partners, ensuring clear allocation of responsibilities and compliance with regulatory obligations.
Suggested Sections

1. Parties: Identification of the fund manager/provider and the distributor

2. Background: Context of the agreement and brief description of the parties' businesses

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

4. Appointment and Scope: Terms of distributor appointment and territory/market coverage

5. Regulatory Status and Compliance: Confirmation of parties' regulatory authorizations and compliance obligations

6. Distribution Rights and Obligations: Specific rights granted and obligations of the distributor

7. Marketing and Promotion: Rules for marketing the funds and approval processes

8. Subscription and Redemption Procedures: Process for handling fund subscriptions and redemptions

9. Fees and Commission: Commission structure and payment terms

10. Anti-Money Laundering Compliance: AML/KYC obligations and procedures

11. Representations and Warranties: Key statements and guarantees by both parties

12. Record Keeping and Reporting: Requirements for maintaining records and reporting to the fund manager

13. Confidentiality: Provisions for handling confidential information

14. Data Protection: GDPR compliance and data handling requirements

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

16. Indemnification and Liability: Allocation of risks and liability between parties

17. Governing Law and Jurisdiction: Choice of Dutch law and jurisdiction provisions

Optional Sections

1. White Labeling: Terms for white-labeled distribution, used when distributor will rebrand funds

2. Sub-Distribution Rights: Terms for allowing appointment of sub-distributors, if permitted

3. Online Distribution Provisions: Specific terms for online/platform distribution, if applicable

4. Insurance Requirements: Specific insurance obligations, if required beyond standard coverage

5. Service Level Agreement: Detailed service levels, if specific performance metrics are required

6. Local Market Requirements: Specific provisions for particular markets, if multi-jurisdiction

7. Force Majeure: Provisions for unforeseen circumstances, if more detailed than standard

Suggested Schedules

1. Schedule 1 - Funds: List of funds covered by the agreement and their key features

2. Schedule 2 - Commission Structure: Detailed commission rates, calculations, and payment terms

3. Schedule 3 - Territory: Detailed description of authorized distribution territory and any restrictions

4. Schedule 4 - Operational Procedures: Detailed procedures for subscriptions, redemptions, and reporting

5. Schedule 5 - Marketing Guidelines: Specific requirements for marketing materials and approval process

6. Appendix A - Required Regulatory Disclosures: Standard regulatory disclaimers and disclosures

7. Appendix B - Contact Details: Key contacts and escalation procedures for both parties

8. Appendix C - Technical Requirements: Technical specifications for system integration if applicable

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

Banking

Wealth Management

Asset Management

Financial Technology

Securities Trading

Investment Advisory

Fund Administration

Relevant Teams

Legal

Compliance

Distribution

Sales

Operations

Risk Management

Product Management

Business Development

Client Services

Investment Management

Relationship Management

Relevant Roles

Head of Distribution

Legal Counsel

Compliance Officer

Head of Sales

Investment Manager

Distribution Director

Business Development Manager

Chief Operating Officer

Risk Manager

Product Manager

Relationship Manager

Head of Legal

Chief Compliance Officer

Sales Director

Operations Manager

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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