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Financial Advisory Agreement Template for South Africa

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Key Requirements PROMPT example:

Financial Advisory Agreement

"I need a Financial Advisory Agreement under South African law for my wealth management firm to provide personal investment advisory services to high-net-worth individuals, including offshore investment advice and discretionary portfolio management."

Document background
The Financial Advisory Agreement is a crucial document used to formalize the relationship between financial advisors and their clients in South Africa. It is specifically designed to comply with the Financial Advisory and Intermediary Services (FAIS) Act and other relevant South African financial sector regulations. This agreement is essential when providing professional financial advice, investment guidance, or wealth management services to either individual or corporate clients. It encompasses key elements such as service scope, fee structures, risk disclosures, and regulatory compliance requirements. The document serves as both a legal protection mechanism and a clear framework for the advisory relationship, ensuring transparency and accountability in line with South African financial services legislation.
Suggested Sections

1. Parties: Identification of the Financial Advisor/Firm and the Client, including registration numbers and FSCA license details

2. Background: Context of the agreement and confirmation of the advisor's authority to provide financial services

3. Definitions: Key terms used throughout the agreement, including regulatory terminology

4. Scope of Services: Detailed description of financial advisory services to be provided, including any limitations

5. Advisor's Obligations: Responsibilities and duties of the advisor, including FAIS Act compliance requirements

6. Client's Obligations: Client's responsibilities, including providing accurate information and documentation

7. Fees and Payments: Fee structure, payment terms, and any additional costs

8. Risk Disclosures: Mandatory risk warnings and disclaimers as required by regulations

9. Confidentiality: Confidentiality obligations and handling of client information under POPIA

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

11. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Discretionary Management: Required when advisor has authority to make investment decisions on client's behalf

2. Foreign Investment Services: Include when advisory services cover offshore investments

3. Online Services: Required when providing digital platforms or online advisory services

4. Insurance Intermediary Services: Include when advisor provides insurance-related advisory services

5. Corporate Advisory Services: Required for corporate or institutional clients

6. Referral Arrangements: Include when there are third-party referral relationships

7. Group Structure Services: Required when advisory services extend to client's group companies

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures

2. Schedule B - Specific Services: Detailed description of specific financial advisory services selected by the client

3. Schedule C - Investment Risk Profile: Client's risk assessment and investment profile documentation

4. Schedule D - FICA Requirements: List of required FICA documentation and compliance requirements

5. Appendix 1 - Advisor Qualifications: Details of advisor's qualifications, registrations, and regulatory licenses

6. Appendix 2 - Disclosure Document: Mandatory disclosures required under FAIS Act

7. Appendix 3 - Complaint Procedures: Internal complaint resolution system and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Relevant Industries

Financial Services

Wealth Management

Investment Banking

Insurance

Private Banking

Corporate Finance

Asset Management

Retirement Planning

Estate Planning

Tax Advisory

Risk Management

Relevant Teams

Legal

Compliance

Risk Management

Wealth Management

Investment Advisory

Client Services

Operations

Finance

Business Development

Corporate Advisory

Relevant Roles

Financial Advisor

Wealth Manager

Investment Consultant

Financial Planner

Compliance Officer

Legal Counsel

Risk Manager

Portfolio Manager

Client Relationship Manager

Managing Director

Chief Financial Officer

Investment Strategist

Estate Planner

Tax Consultant

Operations Manager

Industries







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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