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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."
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
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
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
Financial Services
Investment Management
Banking
Wealth Management
Asset Management
Financial Technology
Securities Trading
Investment Advisory
Fund Administration
Legal
Compliance
Distribution
Sales
Operations
Risk Management
Product Management
Business Development
Client Services
Investment Management
Relationship Management
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
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