The Discretionary Investment Management Agreement is essential for investment firms operating in Saudi Arabia who provide professional portfolio management services. It is used when clients wish to delegate investment decision-making authority to a qualified investment manager, allowing the manager to make investment decisions without seeking prior approval for each transaction. The agreement must comply with Saudi Arabia's Capital Market Authority regulations and Shariah principles, making it distinct from conventional investment management agreements in other jurisdictions. It typically includes comprehensive details about investment strategy, risk parameters, Shariah compliance requirements, reporting obligations, fee structures, and client communication protocols. This document is particularly important for establishing clear boundaries of authority and responsibilities while ensuring regulatory compliance in the Saudi Arabian market.
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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: Definitions of key terms used throughout the agreement
4. Appointment and Authority: Formal appointment of the investment manager and scope of discretionary authority
5. Investment Objectives and Strategy: Client's investment objectives, risk profile, and agreed investment strategy
6. Shariah Compliance: Commitment to and requirements for maintaining Shariah compliance in investments
7. Services and Obligations: Detailed description of services provided and obligations of the investment manager
8. Client's Obligations: Client's responsibilities including providing information and maintaining minimum account balance
9. Fees and Expenses: Management fees, performance fees, and other charges applicable to the service
10. Reporting and Valuations: Frequency and content of reports, valuation methodology
11. Risk Disclosures: Disclosure of investment risks and market uncertainties
12. Conflicts of Interest: Disclosure and management of potential conflicts of interest
13. Representations and Warranties: Legal declarations by both parties
14. Confidentiality: Protection and handling of confidential information
15. Term and Termination: Duration of agreement and circumstances for termination
16. Governing Law and Jurisdiction: Application of Saudi law and jurisdiction for disputes
1. Custody Arrangements: Details of custody services if provided separately from investment management
2. Foreign Investment Provisions: Additional provisions for international investments if permitted
3. Additional Services: Any additional services such as tax reporting or estate planning
4. Sub-Advisory Arrangements: Provisions for appointing sub-advisors if applicable
5. Electronic Communications: Terms for electronic service delivery and communications
6. Force Majeure: Provisions for extraordinary events affecting service delivery
7. Zakat Considerations: Handling of Zakat calculations and payments if included in service
1. Investment Guidelines: Detailed investment parameters, restrictions, and asset allocation
2. Fee Schedule: Detailed breakdown of all fees, charges, and calculation methodologies
3. Authorized Persons: List of persons authorized to give instructions on behalf of client
4. Shariah Guidelines: Specific Shariah investment criteria and prohibited investments
5. Reporting Format: Templates and formats for regular client reporting
6. Risk Disclosure Statement: Detailed risk warnings and market risk descriptions
7. KYC Documentation: Required know-your-client and anti-money laundering documentation
8. Power of Attorney: Legal authorization for discretionary management activities
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Investment Management
Asset Management
Islamic Finance
Wealth Management
Private Banking
Family Office Services
Institutional Investment
Fund Management
Corporate Finance
Relevant Teams
Legal
Compliance
Investment Management
Risk Management
Client Services
Operations
Shariah Advisory
Portfolio Management
Wealth Management
Product Development
Finance
Middle Office
Relevant Roles
Investment Manager
Portfolio Manager
Chief Investment Officer
Compliance Officer
Legal Counsel
Risk Manager
Shariah Compliance Officer
Relationship Manager
Client Service Manager
Operations Manager
Investment Advisor
Wealth Manager
Fund Manager
Director of Asset Management
Chief Executive Officer
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