The Financial Investment Agreement serves as a crucial legal framework for investment relationships in Australia, typically used when establishing professional investment management arrangements or structured investment vehicles. This document is essential for compliance with Australian financial services regulations and is commonly employed by fund managers, investment advisors, and institutional investors. The agreement comprehensively addresses key aspects such as investment strategy, risk management, fee structures, and reporting requirements while ensuring alignment with the Corporations Act 2001 and ASIC guidelines. It is particularly relevant for situations involving significant investment amounts, sophisticated investment strategies, or when establishing ongoing investment management relationships that require clear governance and operational frameworks.
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1. Parties: Identification of all parties to the agreement, including full legal names, ABN/ACN, and registered addresses
2. Background: Context of the agreement, including the purpose of the investment and any relevant preliminary discussions or arrangements
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules for interpretation
4. Investment Terms: Details of the investment amount, structure, and any specific investment conditions
5. Investment Strategy and Objectives: Clearly defined investment strategy, objectives, and any investment restrictions
6. Fees and Expenses: Comprehensive breakdown of all fees, charges, and expenses related to the investment
7. Management and Administration: Rights and responsibilities regarding investment management and administration
8. Representations and Warranties: Standard and specific representations and warranties from all parties
9. Risk Disclosures: Detailed disclosure of all relevant investment risks as required by Australian law
10. Reporting and Valuations: Requirements for financial reporting, performance reporting, and valuation methods
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Withdrawal and Redemption: Terms and procedures for withdrawing or redeeming investments
13. Confidentiality: Obligations regarding confidential information and permitted disclosures
14. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration provisions
15. General Provisions: Standard legal provisions including notices, amendments, governing law, and jurisdiction
1. Co-Investment Rights: Include when there are provisions for co-investment opportunities or rights of first refusal
2. Key Person Provisions: Include when specific individuals are crucial to the investment management
3. Side Letter Provisions: Include when there are special arrangements with specific investors
4. Distribution Policy: Include when there are specific rules about investment income distribution
5. ESG Considerations: Include when environmental, social, and governance factors are part of the investment strategy
6. Foreign Investment Provisions: Include when foreign investors are involved, addressing FIRB requirements
7. Tax Considerations: Include when specific tax structures or considerations need to be addressed
8. Insurance Requirements: Include when specific insurance coverage is required for the investment
9. Related Party Transactions: Include when there are provisions governing transactions with related parties
10. Borrowing Powers: Include when the investment strategy involves leverage or borrowing capabilities
1. Investment Strategy Details: Detailed description of the investment strategy, including any restrictions and guidelines
2. Fee Schedule: Detailed breakdown of all fees, charges, and calculation methodologies
3. Subscription Agreement: Forms and procedures for making the initial investment
4. Due Diligence Questionnaire: Standard due diligence questions and required documentation
5. Investor Qualification Criteria: Requirements for qualifying as an investor under Australian law
6. Risk Disclosure Statement: Detailed disclosure of all investment risks as required by regulations
7. Valuation Methodology: Detailed procedures for calculating investment valuations
8. Reporting Templates: Standard formats for regular reporting and communications
9. Compliance Procedures: Details of compliance requirements and monitoring procedures
10. Contact Details: List of key contacts and their roles for all parties
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Investment Management
Private Equity
Venture Capital
Real Estate Investment
Infrastructure
Asset Management
Wealth Management
Superannuation
Banking
Insurance
Alternative Investments
Fintech
Relevant Teams
Legal
Compliance
Investment Management
Risk Management
Operations
Finance
Due Diligence
Client Services
Fund Administration
Corporate Governance
Treasury
Portfolio Management
Business Development
Regulatory Affairs
Relevant Roles
Investment Manager
Chief Investment Officer
Portfolio Manager
Fund Manager
Legal Counsel
Compliance Officer
Risk Manager
Chief Financial Officer
Investment Analyst
Due Diligence Officer
Relationship Manager
Trust Officer
Investment Director
Operations Manager
Financial Controller
Investment Committee Member
Board Director
Company Secretary
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