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Investment Advisor Contract Generator for the USA

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Key Requirements PROMPT example:

Investment Advisor Contract

"I need an Investment Advisor Contract for my wealth management firm that specializes in high-net-worth clients, with specific provisions for performance-based fees and international investment capabilities, to be effective from March 2025."

Document background
The Investment Advisor Contract serves as the foundational document governing the relationship between investment professionals and their clients in the United States. It is essential when establishing a formal investment advisory relationship and must comply with SEC requirements, state regulations, and the Investment Advisers Act of 1940. The contract typically includes detailed service descriptions, fee structures, fiduciary obligations, risk disclosures, and operational procedures. It's particularly important for registered investment advisors and is often required for regulatory compliance.
Suggested Sections

1. Parties: Identification of the investment advisor and client, including registration details and contact information

2. Background: Context of the advisory relationship, advisor's qualifications, and regulatory status

3. Definitions: Key terms used throughout the agreement including 'Investment Property', 'Services', 'Fees', and regulatory terms

4. Services: Detailed description of investment advisory services, including scope, limitations, and discretionary authority

5. Fiduciary Obligations: Advisor's fiduciary responsibilities and duty of care to the client as required by federal and state laws

6. Fees and Compensation: Fee structure, payment terms, other costs, and disclosure of potential conflicts of interest

7. Risk Disclosures: Disclosure of investment risks and limitations of advisory services

8. Term and Termination: Duration of agreement, renewal terms, and conditions for termination by either party

9. Confidentiality: Protection of confidential information and privacy requirements under federal laws

10. Governing Law: Applicable law and jurisdiction governing the agreement

Optional Sections

1. Parties: Identification of the investment advisor and client, including registration details and contact information

2. Background: Context of the advisory relationship, advisor's qualifications, and regulatory status

3. Definitions: Key terms used throughout the agreement including 'Investment Property', 'Services', 'Fees', and regulatory terms

4. Services: Detailed description of investment advisory services, including scope, limitations, and discretionary authority

5. Fiduciary Obligations: Advisor's fiduciary responsibilities and duty of care to the client as required by federal and state laws

6. Fees and Compensation: Fee structure, payment terms, other costs, and disclosure of potential conflicts of interest

7. Risk Disclosures: Disclosure of investment risks and limitations of advisory services

8. Term and Termination: Duration of agreement, renewal terms, and conditions for termination by either party

9. Confidentiality: Protection of confidential information and privacy requirements under federal laws

10. Governing Law: Applicable law and jurisdiction governing the agreement

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

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

3. Schedule C - Form ADV Part 2: Advisor's disclosure brochure as required by SEC regulations

4. Schedule D - Privacy Policy: Advisor's privacy practices and policies under federal regulations

5. Schedule E - Trading Authorization: Specific trading authorities granted to the advisor

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 regulating investment advisers, establishing registration requirements, fiduciary duties, and disclosure obligations

Securities Exchange Act of 1934: Fundamental securities law governing securities transactions and establishing the SEC, relevant for investment advisor operations and securities trading

Investment Company Act of 1940: Federal law regulating investment companies and their interactions with investment advisers

Dodd-Frank Act 2010: Comprehensive financial reform legislation affecting investment advisers, including registration requirements and increased oversight

SEC Regulations: Regulatory framework established by the Securities and Exchange Commission governing investment adviser conduct and compliance requirements

State Securities Regulations: State-specific rules and requirements for investment advisers operating within particular jurisdictions

FINRA Rules: Self-regulatory organization rules affecting investment advisers who are also broker-dealer affiliated

Fiduciary Duty Standards: Legal obligation requiring investment advisers to act in the best interest of their clients, including both federal and state standards

DOL Fiduciary Rules: Department of Labor regulations specific to handling retirement accounts and ERISA-governed assets

Form ADV Requirements: Mandatory disclosure document requirements for registered investment advisers, including business practices, fees, and conflicts of interest

Anti-Money Laundering Regulations: Compliance requirements for preventing, detecting, and reporting potential money laundering activities

Gramm-Leach-Bliley Act: Privacy law requirements for handling and protecting client financial information

ERISA Regulations: Employee Retirement Income Security Act rules governing retirement account management and related fiduciary responsibilities

Regulation Best Interest: SEC rule establishing a 'best interest' conduct standard for broker-dealers and affecting investment adviser interactions

Form CRS Requirements: Client Relationship Summary requirements mandating standardized disclosure of services, fees, and conflicts of interest

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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