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Investment Consulting Agreement Template for Austria

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Key Requirements PROMPT example:

Investment Consulting Agreement

"I need an Investment Consulting Agreement for my Vienna-based financial advisory firm to provide services to high-net-worth retail clients, with specific provisions for ESG investment strategies and digital portfolio reporting tools."

Document background
The Investment Consulting Agreement is essential for financial services providers operating in Austria who offer professional investment advice and consulting services. It serves as the primary contractual framework between investment consultants and their clients, ensuring compliance with the Austrian Securities Supervision Act 2018 (WAG 2018), the Financial Market Authority Act (FMAG), and other relevant regulations. This document is particularly crucial as it addresses regulatory requirements for client classification, risk disclosure, fee transparency, and conflict of interest management. The agreement is designed to protect both the service provider and the client while maintaining compliance with Austrian and EU financial regulations, including MiFID II implementation requirements. It's typically used when establishing new investment advisory relationships or updating existing arrangements to ensure current regulatory compliance.
Suggested Sections

1. Parties: Identification of the investment consultant and the client, including regulatory status and contact details

2. Background: Context of the agreement and confirmation of the consultant's regulatory authorizations

3. Definitions: Key terms used throughout the agreement, including regulatory terms from WAG 2018

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

5. Regulatory Compliance: Obligations under WAG 2018 and other applicable regulations

6. Client Classification: Classification of the client (retail/professional) and associated protections

7. Duties and Responsibilities: Specific obligations of both consultant and client

8. Risk Disclosures: Mandatory risk warnings and acknowledgments

9. Fees and Compensation: Fee structure, payment terms, and disclosure of any third-party compensation

10. Conflicts of Interest: Disclosure and management of potential conflicts

11. Confidentiality and Data Protection: GDPR compliance and confidentiality obligations

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

13. Liability and Indemnification: Limitation of liability and indemnification provisions compliant with Austrian law

14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Portfolio Review Services: Additional section when ongoing portfolio review services are provided

2. Research Services: When specific investment research services are included

3. Regular Reporting: When periodic reporting services are part of the arrangement

4. Investment Guidelines: When specific investment restrictions or guidelines are to be followed

5. Best Execution: When the consultant is involved in transaction execution

6. Sub-Advisory Arrangements: When third-party advisors may be engaged

7. International Services: When services extend beyond Austria

8. Digital Services: When online platforms or digital tools are part of the service

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of specific investment consulting services

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms

3. Schedule 3 - Risk Disclosure Document: Comprehensive risk warnings required by WAG 2018

4. Schedule 4 - Client Information Form: Client details, investment objectives, and risk profile

5. Schedule 5 - Conflict of Interest Policy: Detailed policy for managing conflicts of interest

6. Appendix A - Regulatory Disclosures: Mandatory disclosures required under Austrian financial regulations

7. Appendix B - Data Protection Notice: Detailed GDPR compliance information

8. Appendix C - Investment Universe: Description of investment types and markets covered by the service

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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

Banking

Investment Management

Wealth Management

Corporate Advisory

Private Banking

Asset Management

Family Office Services

Professional Services

Financial Technology

Relevant Teams

Legal

Compliance

Investment Advisory

Wealth Management

Risk Management

Client Relations

Portfolio Management

Regulatory Affairs

Private Banking

Investment Strategy

Operations

Business Development

Relevant Roles

Investment Consultant

Financial Advisor

Wealth Manager

Portfolio Manager

Compliance Officer

Legal Counsel

Risk Manager

Client Relationship Manager

Investment Director

Chief Investment Officer

Head of Advisory Services

Financial Services Director

Regulatory Affairs Manager

Investment Strategist

Private Client Advisor

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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