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Financial Advisory Agreement Generator for the USA

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Key Requirements PROMPT example:

Financial Advisory Agreement

"I need a Financial Advisory Agreement for my wealth management firm to provide comprehensive investment advisory services to high-net-worth individuals, including portfolio management and retirement planning, with SEC compliance requirements and a fee structure based on assets under management."

Document background

The Financial Advisory Agreement serves as the foundational document governing the relationship between financial advisors and their clients in the United States. This agreement is essential when establishing professional investment advisory services and must comply with the Investment Advisers Act of 1940, SEC regulations, and state-specific requirements. It typically covers comprehensive terms including service scope, fee structures, fiduciary obligations, risk disclosures, and regulatory compliance measures. The agreement is particularly crucial for registered investment advisors and firms providing ongoing financial guidance to clients.

Suggested Sections

1. Parties: Identifies all parties to the agreement, including their legal names and addresses

2. Background/Recitals: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the specific financial advisory services to be provided

5. Fees and Payment Terms: Outlines compensation structure, payment schedule, and expense reimbursement

6. Fiduciary Obligations: Details the advisor's fiduciary responsibilities and standard of care

7. Confidentiality: Provisions regarding protection of confidential information

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

Optional Sections

1. Parties: Identifies all parties to the agreement, including their legal names and addresses

2. Background/Recitals: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the specific financial advisory services to be provided

5. Fees and Payment Terms: Outlines compensation structure, payment schedule, and expense reimbursement

6. Fiduciary Obligations: Details the advisor's fiduciary responsibilities and standard of care

7. Confidentiality: Provisions regarding protection of confidential information

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

Suggested Schedules

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

2. Investment Policy Statement: Client's investment objectives and constraints

3. Regulatory Disclosures: Required regulatory disclosures including Form ADV

4. Service Level Agreement: Specific service standards and response times

5. Privacy Policy: Detailed privacy and data protection policies

6. Risk Disclosure Statement: Comprehensive disclosure of investment risks

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Investment Advisers Act of 1940: Primary federal law that regulates investment advisers and defines their fiduciary responsibilities to clients

Securities Exchange Act of 1934: Fundamental federal law governing securities trading and broker-dealer registration

Securities Act of 1933: Federal law requiring registration of securities offerings and full disclosure of material information

Dodd-Frank Act: Comprehensive financial reform legislation affecting advisory services, including enhanced disclosure requirements and fiduciary standards

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

PATRIOT Act: Legislation requiring customer identification programs and enhanced due diligence procedures

SEC Regulations: Comprehensive regulatory framework governing investment advisers, including registration, disclosure, and reporting requirements

FINRA Rules: Self-regulatory organization rules governing broker-dealers and their associated persons

CFPB Guidelines: Federal agency guidelines protecting consumers in the financial sector

State Securities Regulations: State-specific requirements for investment adviser registration and compliance

Department of Labor Fiduciary Rules: Rules governing investment advice for retirement accounts and ERISA plans

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain information-sharing practices and protect sensitive data

State Privacy Laws: State-specific requirements for protecting client personal and financial information

CFA Institute Code of Ethics: Professional standards for chartered financial analysts including integrity, diligence, and client interests

CFP Board Standards: Professional standards for certified financial planners including ethics, competency, and client service

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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