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Asset Management Contract
"I need an Asset Management Contract for my boutique investment firm to manage a high-net-worth client's portfolio of NZD 10M+ in New Zealand, with specific provisions for ESG investments and quarterly reporting requirements, starting March 2025."
1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including any relevant history or relationships
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Scope: Formally establishes the asset manager's appointment and defines the scope of services
5. Term and Renewal: Specifies the initial term of the agreement and any renewal provisions
6. Asset Manager's Obligations: Details the core responsibilities and duties of the asset manager
7. Client's Obligations: Outlines the responsibilities and duties of the client
8. Fees and Expenses: Details the fee structure, payment terms, and reimbursable expenses
9. Reporting and Communication: Specifies reporting requirements, frequency, and communication protocols
10. Risk Management: Outlines risk management policies and procedures
11. Compliance and Regulatory Requirements: Addresses compliance with relevant laws and regulations
12. Confidentiality: Sets out obligations regarding confidential information
13. Conflicts of Interest: Addresses how potential conflicts of interest will be managed
14. Liability and Indemnification: Defines liability limits and indemnification obligations
15. Termination: Specifies termination rights and procedures
16. Post-Termination Obligations: Outlines obligations that survive termination
17. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Custody Arrangements: Required when the asset manager will have custody of client assets
2. Performance Standards: Include when specific performance metrics or benchmarks are agreed
3. Delegation: Required when the asset manager may delegate certain functions to third parties
4. Insurance: Include when specific insurance requirements need to be detailed
5. Disaster Recovery: Required for large-scale asset management arrangements requiring business continuity planning
6. Environmental, Social and Governance (ESG): Include when ESG considerations are part of the investment mandate
7. Foreign Investment Considerations: Required when managing assets subject to foreign investment regulations
8. Tax Reporting: Include when specific tax reporting obligations need to be addressed
1. Schedule 1 - Assets Under Management: Detailed list and description of assets covered by the agreement
2. Schedule 2 - Services: Detailed description of services to be provided
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, calculations, and payment terms
4. Schedule 4 - Investment Guidelines: Specific investment parameters, restrictions, and guidelines
5. Schedule 5 - Key Personnel: Details of key personnel assigned to manage the assets
6. Schedule 6 - Reporting Requirements: Detailed reporting formats, frequencies, and requirements
7. Schedule 7 - Service Levels: Specific service level agreements and performance metrics
8. Appendix A - Risk Management Framework: Detailed risk management policies and procedures
9. Appendix B - Compliance Manual: Relevant excerpts from the asset manager's compliance manual
10. Appendix C - Operating Procedures: Detailed operational procedures and protocols
Authors
Financial Services
Real Estate
Investment Management
Private Equity
Infrastructure
Wealth Management
Corporate Services
Banking
Insurance
Pension Funds
Property Management
Legal
Compliance
Risk Management
Investment Management
Operations
Client Services
Finance
Due Diligence
Portfolio Management
Executive Management
Investment Committee
Administration
Asset Manager
Portfolio Manager
Investment Director
Chief Investment Officer
Compliance Officer
Risk Manager
Legal Counsel
Financial Controller
Investment Analyst
Client Relationship Manager
Operations Manager
Due Diligence Officer
Investment Committee Member
Fund Administrator
Executive Director
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