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Investment Advisory Agreement Template for Singapore

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Key Requirements PROMPT example:

Investment Advisory Agreement Template

"Need an Investment Advisory Agreement Template for a Singapore-based boutique wealth management firm providing services to high-net-worth individuals, with specific provisions for ESG investment strategies and cross-border advisory services to clients in Southeast Asia."

Document background
The Investment Advisory Agreement Template serves as a foundational document for establishing professional investment advisory relationships in Singapore. It is designed to meet the stringent regulatory requirements of the Monetary Authority of Singapore (MAS), incorporating necessary provisions for compliance with the Securities and Futures Act (SFA) and Financial Advisers Act (FAA). This agreement should be used when formalizing arrangements between licensed investment advisors and their clients, whether individual or institutional, and includes comprehensive coverage of service scope, fee structures, risk disclosures, compliance obligations, and fiduciary responsibilities.
Suggested Sections

1. Parties: Identifies and defines the investment advisor and client, including their registered addresses and registration details

2. Background: Establishes context, advisor's licensing status, and general purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Details the scope of investment advisory services to be provided

5. Fees and Payment: Outlines fee structure, payment terms, and any additional charges

6. Representations and Warranties: Standard declarations by both parties regarding capacity, authority, and compliance

7. Confidentiality: Provisions regarding handling of confidential information and client data

8. Term and Termination: Duration of agreement and circumstances for termination

9. Governing Law: Specifies Singapore law as governing law and jurisdiction

Optional Sections

1. Risk Disclosures: Detailed risk warnings for specific investment types - used when dealing with complex investment products or retail clients

2. Performance Reporting: Methodology and frequency of performance reporting - used when providing ongoing portfolio management services

3. Third Party Arrangements: Details of any third-party service providers or delegates - used when services involve external parties

4. Foreign Account Provisions: Specific provisions for foreign accounts or clients - used when dealing with international clients

Suggested Schedules

1. Schedule of Fees: Detailed breakdown of all applicable fees and charges

2. Investment Mandate: Specific investment objectives, strategies, and restrictions

3. Risk Disclosure Statement: Comprehensive risk disclosures required by MAS

4. Client Information Form: KYC information and investment profile assessment

5. Compliance Procedures: Internal compliance procedures and requirements

6. Data Protection Notice: Detailed PDPA compliance provisions and procedures

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



































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Industries

Securities and Futures Act (SFA): Primary legislation governing securities, futures, and financial advisory services in Singapore. Sets out licensing requirements, conduct standards, and regulatory framework for investment advisers.

Financial Advisers Act (FAA): Key legislation regulating financial advisory services, including requirements for licensing, conduct of business, and representative qualification requirements.

Companies Act: Fundamental legislation governing corporate entities in Singapore, relevant for corporate structure and governance requirements.

Personal Data Protection Act (PDPA): Legislation governing the collection, use, disclosure, and care of personal data, crucial for client information handling.

MAS Guidelines on Licensing: Regulatory guidelines specifying licensing requirements and business conduct standards for fund management companies and investment advisers.

MAS Guidelines on Fair Dealing: Guidelines establishing responsibilities of board and senior management in ensuring fair dealing with clients.

Notice on Technology Risk Management: MAS requirements for technology risk management and cybersecurity measures in financial institutions.

AML/CFT Requirements: Anti-Money Laundering and Counter-Terrorism Financing requirements including MAS Notice SFA04-N02 and related obligations.

Investment Products Regulations: MAS notices and guidelines on investment products, advisory services, and risk management practices.

Fee Disclosure Requirements: MAS guidelines and FAA requirements on transparency in fee structures and remuneration disclosure.

Contract Law Principles: Common law principles governing contract formation, interpretation, and enforcement in Singapore.

Fiduciary Duties: Legal obligations requiring investment advisers to act in the best interests of their clients, including duty of care and loyalty.

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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