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Sub Advisory Agreement Template Generator for the USA

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Key Requirements PROMPT example:

Sub Advisory Agreement Template

"I need a Sub Advisory Agreement Template for my hedge fund to delegate specialized emerging markets investment strategies to an external manager, with specific provisions for daily performance reporting and risk management controls, to be effective from March 2025."

Document background
The Sub Advisory Agreement Template is designed for situations where a primary investment adviser seeks to delegate certain investment management responsibilities to another registered investment adviser while maintaining regulatory compliance. This document is crucial in the United States investment management industry, where it must comply with SEC regulations, the Investment Advisers Act of 1940, and state securities laws. The agreement typically includes detailed provisions for investment guidelines, fee arrangements, compliance procedures, and reporting requirements, while establishing clear lines of responsibility and accountability between the primary adviser and sub-adviser. It's particularly relevant for investment advisers looking to expand their investment capabilities or access specialized expertise while maintaining their primary client relationships.
Suggested Sections

1. Parties: Identifies the primary adviser and sub-adviser, including their legal status and registration details

2. Background: Explains the context of the agreement and the primary adviser's desire to delegate certain investment management responsibilities

3. Definitions: Defines key terms used throughout the agreement

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

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

6. Compliance with Laws and Regulations: Requirements for regulatory compliance and maintaining necessary registrations

7. Fees and Expenses: Compensation structure and payment terms

8. Standard of Care: Fiduciary obligations and performance standards

9. Representations and Warranties: Legal assurances from both parties

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

Optional Sections

1. Parties: Identifies the primary adviser and sub-adviser, including their legal status and registration details

2. Background: Explains the context of the agreement and the primary adviser's desire to delegate certain investment management responsibilities

3. Definitions: Defines key terms used throughout the agreement

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

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

6. Compliance with Laws and Regulations: Requirements for regulatory compliance and maintaining necessary registrations

7. Fees and Expenses: Compensation structure and payment terms

8. Standard of Care: Fiduciary obligations and performance standards

9. Representations and Warranties: Legal assurances from both parties

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

Suggested Schedules

1. Investment Guidelines: Detailed investment restrictions and guidelines

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

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

4. Compliance Procedures: Specific compliance requirements and procedures

5. Form ADV: Current Form ADV of sub-adviser

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 their responsibilities, including registration, disclosure requirements, and fiduciary duties

Investment Company Act of 1940: Federal law governing investment companies, including mutual funds, and their relationships with investment advisers and sub-advisers

Securities Act of 1933: Federal law requiring registration of securities offerings and mandating disclosure requirements for public offerings

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

SEC Regulations: Comprehensive set of rules and regulations implemented by the Securities and Exchange Commission governing investment advisory services

FINRA Rules: Regulatory requirements set by the Financial Industry Regulatory Authority for broker-dealers and investment firms

Form ADV Requirements: Mandatory disclosure document and reporting requirements for registered investment advisers

Federal Fiduciary Obligations: Legal obligations requiring investment advisers to act in the best interests of their clients and maintain highest standard of conduct

ERISA Requirements: Employee Retirement Income Security Act regulations governing retirement plan investments and adviser responsibilities

Bank Secrecy Act: Anti-money laundering regulations requiring financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Federal law requiring customer identification programs and enhanced due diligence procedures for financial institutions

Dodd-Frank Act: Comprehensive financial reform legislation affecting investment advisers, including registration requirements and systemic risk reporting

Blue Sky Laws: State-specific securities laws regulating the offering and sale of securities to protect investors from fraudulent activities

Investment Company Act Custody Rules: Requirements governing the custody of client assets and related compliance obligations

Proxy Voting Requirements: Rules governing how investment advisers handle proxy voting responsibilities for client securities

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

State Contract Laws: State-specific laws governing the formation, interpretation, and enforcement of contracts

Uniform Commercial Code: Standardized set of business laws regulating commercial transactions across all states

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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