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Discretionary Management Agreement Template for Pakistan

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Key Requirements PROMPT example:

Discretionary Management Agreement

"I need a Discretionary Management Agreement under Pakistani law for a high-net-worth individual client, with specific provisions for international equity investments and ESG screening requirements."

Document background
The Discretionary Management Agreement is a crucial document used when a client wishes to delegate investment decision-making authority to a professional investment manager in Pakistan. It establishes the legal framework under which the manager can make investment decisions without seeking prior approval for each transaction, while operating within agreed parameters and investment objectives. This agreement must comply with Pakistani regulatory requirements, particularly those set by the Securities and Exchange Commission of Pakistan (SECP), including the Securities Act 2015 and Non-Banking Finance Companies regulations. The document typically includes detailed investment guidelines, risk parameters, reporting requirements, fee structures, and specific provisions required by Pakistani law. It's particularly important for institutional investors, high-net-worth individuals, and corporate entities seeking professional portfolio management services while ensuring regulatory compliance and risk management.
Suggested Sections

1. Parties: Identification of the investment manager and the client

2. Background: Context of the agreement and regulatory status of the manager

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Formal appointment of manager and scope of discretionary authority

5. Investment Objectives and Strategy: Overall investment goals and approach

6. Investment Powers and Restrictions: Specific powers granted to manager and any limitations

7. Client Representations and Warranties: Client confirmations regarding their status and authority

8. Manager Representations and Warranties: Manager confirmations regarding licenses and capabilities

9. Fees and Expenses: Management fees, performance fees, and other charges

10. Reporting and Valuations: Regular reporting obligations and valuation methodology

11. Risk Disclosures: Mandatory risk warnings and disclosures

12. Conflicts of Interest: Management of potential conflicts

13. Confidentiality: Protection of confidential information

14. Term and Termination: Duration and termination provisions

15. Indemnification: Mutual indemnities and limitations of liability

16. Anti-Money Laundering: AML compliance requirements

17. Notices: Communication protocols and contact details

18. Governing Law and Jurisdiction: Pakistani law and dispute resolution provisions

Optional Sections

1. Foreign Investment Provisions: Required if portfolio includes international investments

2. Currency Management: Required for multi-currency portfolios

3. Proxy Voting: Required if manager will handle proxy voting

4. Shariah Compliance: Required for Shariah-compliant investment mandates

5. Sub-delegation: Required if manager may appoint sub-managers

6. Electronic Trading: Required if electronic trading platforms will be used

7. Research Payment: Required if research costs are to be charged separately

8. ESG Investment Criteria: Required for ESG-focused mandates

Suggested Schedules

1. Investment Guidelines: Detailed investment parameters, restrictions, and benchmarks

2. Fee Schedule: Detailed breakdown of all fees and charges

3. Client Information: Client details, risk profile, and investment objectives

4. Authorized Persons: List of persons authorized to give instructions

5. Reporting Requirements: Specific reporting formats and frequencies

6. Risk Disclosure Statement: Detailed risk warnings as required by SECP

7. Execution Policy: Manager's policy for achieving best execution

8. Conflicts Policy: Detailed conflicts of interest policy

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

Asset Management

Banking

Insurance

Investment Services

Wealth Management

Pension Management

Corporate Treasury

Private Equity

Fund Management

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Client Services

Portfolio Management

Wealth Management

Operations

Finance

Treasury

Relevant Roles

Investment Manager

Portfolio Manager

Chief Investment Officer

Legal Counsel

Compliance Officer

Risk Manager

Relationship Manager

Investment Advisor

Trust Officer

Fund Manager

Wealth Manager

Corporate Treasurer

Chief Financial Officer

Investment Director

Client Services 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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