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Discretionary Management Agreement
"I need a Discretionary Management Agreement for a Qatar-based family office client who requires Shariah-compliant investment management services, with specific ESG investment restrictions and quarterly reporting requirements."
1. Parties: Identification of the investment manager and the client, including their legal status and contact details
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Key terms used throughout the agreement, including regulatory and financial terminology
4. Appointment and Authority: Formal appointment of the manager and scope of discretionary authority
5. Services: Detailed description of investment management services to be provided
6. Investment Objectives and Strategy: Agreed investment objectives, risk profile, and investment strategy
7. Investment Restrictions: Limitations and restrictions on investment activities
8. Custody Arrangements: Details of custody arrangements for client assets
9. Fees and Expenses: Management fees, performance fees, and other charges
10. Reporting and Valuations: Frequency and content of reports, valuation methodology
11. Client Representations and Warranties: Client confirmations regarding their status, authority, and understanding
12. Manager Representations and Warranties: Manager confirmations regarding licenses, capabilities, and compliance
13. Compliance and Anti-Money Laundering: Regulatory compliance obligations and AML requirements
14. Confidentiality: Protection and handling of confidential information
15. Term and Termination: Duration of agreement and termination provisions
16. Liability and Indemnification: Extent of manager's liability and mutual indemnification provisions
17. Governing Law and Jurisdiction: Qatar law as governing law and jurisdiction provisions
18. Notices: Method and addresses for formal communications
19. General Provisions: Standard boilerplate clauses including amendments, assignment, and severability
1. Shariah Compliance: Required when client requires investments to comply with Islamic law principles
2. ESG Investment Criteria: Include when client requires specific environmental, social, and governance investment criteria
3. Sub-Manager Arrangements: Include when delegation to sub-managers is contemplated
4. Performance Benchmarks: Detailed performance measurement criteria when specific benchmarks are agreed
5. Client Communication Protocols: Include for institutional clients requiring specific communication procedures
6. Proxy Voting Rights: Include when manager will exercise voting rights on behalf of client
7. Foreign Investment Provisions: Required when portfolio includes non-Qatar investments
8. Tax Considerations: Include when specific tax structuring is relevant to the investment strategy
1. Investment Guidelines: Detailed investment parameters, restrictions, and permitted investments
2. Fee Schedule: Detailed breakdown of all fees, calculations, and payment terms
3. Authorized Persons: List of persons authorized to give instructions on behalf of client
4. Reporting Requirements: Detailed specifications for reports and their frequency
5. Risk Disclosure Statement: Comprehensive disclosure of investment risks
6. Account Details: Banking and custody account information
7. KYC Documentation: Required client due diligence documentation
8. Investment Strategy Details: Comprehensive description of the agreed investment strategy
9. Valuation Methodology: Detailed procedures for valuing different types of investments
Authors
Financial Services
Investment Management
Private Banking
Wealth Management
Asset Management
Family Offices
Institutional Investment
Private Equity
Investment Advisory
Corporate Banking
Legal
Compliance
Investment Management
Risk Management
Client Services
Operations
Portfolio Administration
Wealth Management
Private Banking
Investment Advisory
Product Development
Fund Administration
Chief Investment Officer
Portfolio Manager
Investment Manager
Legal Counsel
Compliance Officer
Risk Manager
Relationship Manager
Investment Advisor
Wealth Manager
Operations Manager
Client Services Manager
Investment Analyst
Fund Manager
Director of Asset Management
Head of Private Banking
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