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Sub Advisor Agreement Generator for the USA

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Key Requirements PROMPT example:

Sub Advisor Agreement

"Need a Sub Advisor Agreement for delegating cryptocurrency investment management to a specialized sub-advisor, with specific provisions for digital asset custody and blockchain-specific risk management, to be effective from March 2025."

Document background
The Sub Advisor Agreement is essential when an investment advisor seeks to delegate portfolio management responsibilities to another professional investment manager. This document, subject to U.S. securities laws and regulations, specifically outlines the scope of delegated authority, investment guidelines, compliance requirements, and fee arrangements. The agreement ensures clear delineation of responsibilities while maintaining regulatory compliance with SEC requirements and protecting end-client interests. Sub Advisor Agreements are particularly crucial for firms seeking specialized expertise or additional management capacity while maintaining oversight of client assets.
Suggested Sections

1. Parties: Identification of primary advisor and sub-advisor, including legal names and addresses

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Formal appointment of sub-advisor and scope of authority

5. Services: Detailed description of investment management services to be provided

6. Compliance with Laws: Regulatory compliance obligations and requirements

7. Fees and Compensation: Fee structure, payment terms, and expenses

8. Representations and Warranties: Standard declarations about legal capacity and regulatory status

9. Confidentiality: Protection of confidential information

10. Term and Termination: Duration and termination provisions

Optional Sections

1. Parties: Identification of primary advisor and sub-advisor, including legal names and addresses

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Formal appointment of sub-advisor and scope of authority

5. Services: Detailed description of investment management services to be provided

6. Compliance with Laws: Regulatory compliance obligations and requirements

7. Fees and Compensation: Fee structure, payment terms, and expenses

8. Representations and Warranties: Standard declarations about legal capacity and regulatory status

9. Confidentiality: Protection of confidential information

10. Term and Termination: Duration and termination provisions

Suggested Schedules

1. Investment Guidelines: Detailed investment restrictions and guidelines

2. Fee Schedule: Detailed breakdown of fees and calculation methodology

3. Authorized Persons: List of individuals authorized to act on behalf of each party

4. Compliance Procedures: Detailed compliance protocols and procedures

5. Form ADV: Sub-advisor's Form ADV disclosure document

6. Service Level Agreement: Detailed performance metrics and service standards

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 regulation governing investment advisers, including registration requirements, fiduciary duties, and disclosure obligations

Investment Company Act of 1940: Regulates the organization and operation of investment companies, including mutual funds and their relationships with advisers

Securities Act of 1933: Governs securities offerings and requires registration of securities unless an exemption applies

Securities Exchange Act of 1934: Regulates secondary market trading and establishes the SEC's authority over the securities industry

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

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

FINRA Rules: Self-regulatory organization rules governing broker-dealers and their interactions with investment advisers

Blue Sky Laws: State-specific securities regulations that may affect investment adviser registration and operations

Fiduciary Duty Laws: Common law and statutory obligations requiring advisers to act in the best interests of their clients

DOL Fiduciary Rules: Department of Labor regulations governing advice related to retirement accounts and ERISA plans

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

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

USA PATRIOT Act: Anti-money laundering requirements including customer identification programs and suspicious activity reporting

State Employment Laws: Regulations governing employment relationships, including independent contractor classification and labor standards

State Contract Laws: Legal framework governing contract formation, enforcement, and interpretation in the relevant state

Uniform Commercial Code: Standardized state laws governing commercial transactions, which may apply to certain aspects of advisory relationships

Internal Revenue Code: Federal tax laws affecting investment adviser compensation, client transactions, and reporting requirements

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

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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