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Investment Advisory Agreement Template Generator for the USA

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Key Requirements PROMPT example:

Investment Advisory Agreement Template

"I need an Investment Advisory Agreement Template for my newly registered RIA firm that will primarily serve high-net-worth individuals, with discretionary authority and quarterly fee arrangements, to be implemented by January 2025."

Document background
The Investment Advisory Agreement Template serves as the foundational document governing the relationship between investment advisors and their clients in the United States. This document is essential for compliance with the Investment Advisers Act of 1940 and various state regulations. It is used when establishing new advisory relationships and must address key regulatory requirements including fiduciary duty, fee arrangements, custody rules, and privacy regulations. The agreement typically includes detailed provisions about investment authority, risk disclosures, service scope, and termination rights, while incorporating necessary SEC and state-specific compliance elements. It's particularly crucial for registered investment advisors (RIAs) to maintain current, compliant agreements with all clients.
Suggested Sections

1. Parties: Identifies the investment advisor and client, including full legal names and addresses

2. Background: Establishes that advisor is registered under applicable laws and client wishes to engage advisor's services

3. Definitions: Key terms used throughout the agreement including 'Services', 'Investment Policy', 'Assets', 'Fees'

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

5. Fiduciary Duty: Statement of advisor's fiduciary obligations to client

6. Fees and Compensation: Details of fee structure, calculation method, and payment terms

7. Authority and Custody: Extent of advisor's discretionary authority and custody arrangements

8. Representations and Warranties: Standard representations from both parties

9. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. Parties: Identifies the investment advisor and client, including full legal names and addresses

2. Background: Establishes that advisor is registered under applicable laws and client wishes to engage advisor's services

3. Definitions: Key terms used throughout the agreement including 'Services', 'Investment Policy', 'Assets', 'Fees'

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

5. Fiduciary Duty: Statement of advisor's fiduciary obligations to client

6. Fees and Compensation: Details of fee structure, calculation method, and payment terms

7. Authority and Custody: Extent of advisor's discretionary authority and custody arrangements

8. Representations and Warranties: Standard representations from both parties

9. Term and Termination: Duration of agreement and termination provisions

Suggested Schedules

1. Fee Schedule: Detailed breakdown of all fees and charges applicable to the services

2. Investment Policy Statement: Detailed document outlining client's investment objectives, constraints, and guidelines

3. Privacy Policy: Advisor's privacy policies and procedures for handling client information

4. Form ADV Part 2: Advisor's disclosure brochure as required by SEC regulations

5. Trading Authorization: Limited power of attorney document specifying trading authority permissions

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 Act of 1933: Federal law governing securities offerings and requiring registration of securities unless an exemption applies

Securities Exchange Act of 1934: Federal law establishing the SEC and regulating secondary market trading

Dodd-Frank Act: Comprehensive financial reform legislation affecting investment advisers, including heightened reporting requirements and regulatory oversight

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

USA PATRIOT Act: Requires client identification procedures and anti-money laundering compliance programs

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

SEC Custody Rules: Regulations governing how investment advisers must handle and protect client assets

Regulation S-P: SEC privacy regulations governing the collection and protection of client personal information

Blue Sky Laws: State-specific securities regulations that may impose additional requirements on investment advisers

ERISA: Federal law governing retirement accounts and imposing specific fiduciary duties when managing retirement assets

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

FINRA Regulations: Self-regulatory organization rules that may apply if the adviser is also a broker-dealer

CFA Institute Standards: Professional conduct standards providing guidance on ethical behavior and professional responsibility in investment management

Internal Revenue Code: Tax provisions affecting investment management and reporting requirements

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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