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Financial Advisory Services Agreement Generator for the USA

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Key Requirements PROMPT example:

Financial Advisory Services Agreement

"I need a Financial Advisory Services Agreement for my wealth management firm to provide comprehensive financial planning and investment advisory services to high-net-worth individuals, with specific provisions for international clients and ESG investment strategies."

Document background

The Financial Advisory Services 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 financial advisory services and must comply with the Investment Advisers Act of 1940, state securities regulations, and other applicable laws. The document typically covers comprehensive service descriptions, fee structures, fiduciary obligations, risk disclosures, and regulatory compliance requirements. It's particularly crucial for registered investment advisors and firms providing ongoing financial guidance, portfolio management, or investment advisory services.

Suggested Sections

1. Parties: Identification of the financial advisor and client, including legal status and contact details

2. Background: Context of the agreement and brief description of services to be provided

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of financial advisory services to be provided

5. Fees and Payment Terms: Compensation structure, payment schedule, and expenses

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

7. Confidentiality: Protection of client information and trade secrets

8. Fiduciary Duties: Advisor's obligations to act in client's best interest

9. Representations and Warranties: Statements of fact and promises made by both parties

10. Limitation of Liability: Extent and limitations of advisor's liability

Optional Sections

1. Parties: Identification of the financial advisor and client, including legal status and contact details

2. Background: Context of the agreement and brief description of services to be provided

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of financial advisory services to be provided

5. Fees and Payment Terms: Compensation structure, payment schedule, and expenses

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

7. Confidentiality: Protection of client information and trade secrets

8. Fiduciary Duties: Advisor's obligations to act in client's best interest

9. Representations and Warranties: Statements of fact and promises made by both parties

10. Limitation of Liability: Extent and limitations of advisor's liability

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of all fees and charges including management fees, performance fees, and expenses

2. Schedule B - Investment Policy Statement: Client's investment objectives, constraints, and guidelines

3. Schedule C - Disclosure Documents: Required regulatory disclosures and Form ADV

4. Schedule D - Service Level Agreement: Specific performance metrics and service standards

5. Schedule E - Authorized Representatives: List of authorized persons who can act on behalf of the client

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 legislation governing the conduct of investment advisers, requiring registration with SEC and establishing fiduciary duties

Securities Exchange Act of 1934: Fundamental securities law that governs securities transactions and requires registration of exchanges, broker-dealers, and other market participants

Dodd-Frank Act: Comprehensive financial reform legislation that enhanced regulatory oversight and consumer protection in the financial sector

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

USA PATRIOT Act: Expanded AML requirements and introduced additional customer identification procedures for financial institutions

Investment Company Act of 1940: Regulates the organization and activities of investment companies and mutual funds

Blue Sky Laws: State-specific securities regulations that govern the offering and sale of securities to protect investors from fraudulent activities

State Registration Requirements: State-specific requirements for financial advisor registration and licensing

State Fiduciary Laws: State-specific laws governing fiduciary duties and responsibilities of financial advisors

SEC Regulations: Rules and regulations issued by the Securities and Exchange Commission governing securities industry and market participants

FINRA Rules: Self-regulatory organization rules governing member firms and registered representatives in the securities industry

CFA Code of Ethics: Professional standards and ethical guidelines for Chartered Financial Analysts

CFP Standards: Professional conduct standards for Certified Financial Planners

Federal Trade Commission Act: Prohibits unfair or deceptive practices in commerce and protects consumer rights

Gramm-Leach-Bliley Act: Requires financial institutions to explain their information-sharing practices and protect sensitive data

Fair Labor Standards Act: Federal law establishing wage, overtime, and employment standards

Cybersecurity Regulations: Federal and state requirements for protecting client data and maintaining cybersecurity measures

Data Breach Notification Laws: State-specific requirements for notifying affected parties in the event of a data breach

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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