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Investment Management Contract

Investment Management Contract Template for South Africa

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Key Requirements PROMPT example:

Investment Management Contract

"I need an Investment Management Contract for a South African private equity firm managing multiple portfolios for institutional clients, with specific provisions for ESG investments and offshore investments in emerging markets."

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Document background
The Investment Management Contract is a crucial document used in the South African financial services sector to formalize the relationship between professional investment managers and their clients. It is required when a licensed financial services provider undertakes to manage investment portfolios on behalf of clients, whether individuals or institutions. The agreement must comply with the Financial Advisory and Intermediary Services (FAIS) Act, the Financial Markets Act, and other relevant South African legislation. It typically covers investment objectives, strategies, risk management, fee structures, reporting requirements, and regulatory obligations. This document is essential for ensuring clear understanding between parties and maintaining compliance with South African financial sector regulations, particularly important given the sophisticated nature of investment management services and the need for robust client protection.
Suggested Sections

1. Parties: Identification of the investment manager and the client, including registration details and addresses

2. Background: Context of the agreement and confirmation of manager's regulatory status

3. Definitions and Interpretation: Defined terms used throughout the agreement and interpretation rules

4. Appointment and Authority: Formal appointment of the investment manager and scope of discretionary authority

5. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any restrictions

6. Duties and Responsibilities: Detailed obligations of the investment manager

7. Risk Disclosures: Mandatory risk warnings and client acknowledgments

8. Fees and Expenses: Management fees, performance fees, and other charges

9. Reporting and Valuations: Frequency and content of reports, valuation methodology

10. Client Representations and Warranties: Client confirmations regarding their status and understanding

11. FICA Requirements: Anti-money laundering and KYC obligations

12. Confidentiality and Data Protection: Handling of confidential information and POPIA compliance

13. Limitation of Liability: Extent and limitations of manager's liability

14. Termination: Termination events and procedures

15. Governing Law and Jurisdiction: South African law and jurisdiction provisions

16. General Provisions: Standard boilerplate clauses including notices, amendments, etc.

Optional Sections

1. Soft Commission Arrangements: Include when the manager uses soft commission arrangements with brokers

2. Foreign Investment Provisions: Required when portfolio includes offshore investments

3. Securities Lending: Include if securities lending is permitted

4. Voting Rights: Detail handling of voting rights if relevant to the investment strategy

5. ESG Investment Criteria: Include for mandates with environmental, social, and governance requirements

6. Multiple Portfolio Management: Required when managing multiple portfolios for the same client

7. Performance Fee Methodology: Include when performance-based fees are applicable

8. Key Person Provisions: Include when specific portfolio managers are crucial to the mandate

Suggested Schedules

1. Investment Guidelines: Detailed investment restrictions, limits, and permitted investments

2. Fee Schedule: Detailed breakdown of all fees, charges, and calculation methodologies

3. Authorized Persons: List of persons authorized to give instructions on behalf of the client

4. FICA Requirements Checklist: Required documentation and verification procedures

5. Reporting Template: Format and content of periodic reports to be provided

6. Custodian Details: Information about appointed custodian and custody arrangements

7. Risk Disclosure Statement: Detailed risk warnings specific to the investment strategy

8. Service Level Agreement: Specific service levels and performance 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

alex.den.21@genieai.co
Relevant legal definitions























































Clauses




































Relevant Industries

Financial Services

Asset Management

Banking

Insurance

Pension Funds

Wealth Management

Private Equity

Investment Banking

Fund Administration

Corporate Finance

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Client Services

Operations

Portfolio Administration

Business Development

Finance

Investment Committee

Due Diligence

Relevant Roles

Investment Manager

Portfolio Manager

Compliance Officer

Legal Counsel

Risk Manager

Client Relationship Manager

Financial Advisor

Investment Consultant

Operations Manager

Chief Investment Officer

Head of Asset Management

Fund Administrator

Director of Investments

Wealth Manager

Trust Officer

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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