The Investment Contract serves as the primary legal document governing investment relationships in Australia, establishing the framework for capital deployment, investor rights, and investment management. This document is essential when establishing new investment vehicles, managing investment funds, or structuring direct investments. It must comply with Australian financial services regulations, including the Corporations Act 2001, ASIC requirements, and AML/CTF obligations. The contract typically includes comprehensive details about investment strategy, risk factors, fee structures, reporting requirements, and exit mechanisms. It's particularly important for ensuring proper disclosure and protection mechanisms are in place, whether dealing with retail or wholesale investors under Australian law.
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1. Parties: Identification of the investment manager/issuer and the investor, including ACN/ABN and address details
2. Background: Context of the investment offering, nature of the investment vehicle, and purpose of the agreement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. Investment Terms: Core investment parameters including amount, asset class, investment strategy, and timing
5. Subscription Process: Process for making the investment, including payment mechanics and conditions precedent
6. Management and Administration: Rights and obligations of the investment manager, decision-making powers, and reporting requirements
7. Fees and Expenses: All fees, charges, and cost structures associated with the investment
8. Distributions and Returns: Mechanism for calculating and distributing investment returns
9. Representations and Warranties: Statements of fact and assurances from both parties
10. Risk Disclosures: Detailed disclosure of investment risks as required by Australian law
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of the agreement and circumstances for early termination
13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Wholesale Investor Declarations: Required when the investor qualifies as a wholesale client under the Corporations Act
2. FATCA/CRS Compliance: Required for foreign investors or investments with international elements
3. Co-investment Rights: Optional provisions for additional investment opportunities
4. Key Man Provisions: Required when investment strategy relies on specific individuals
5. Tag-Along/Drag-Along Rights: Required for private equity or venture capital investments
6. Environmental, Social and Governance (ESG): Required for investments with specific ESG focus or requirements
7. Side Letter Provisions: Required for special arrangements with specific investors
1. Investment Strategy and Guidelines: Detailed description of investment approach, restrictions, and parameters
2. Fee Schedule: Detailed breakdown of all fees, charges, and calculation methodologies
3. Subscription Form: Form capturing investor details, investment amount, and declarations
4. AML/CTF Requirements: Documentation requirements for anti-money laundering compliance
5. Tax Forms: Required tax declarations and forms
6. Investment Term Sheet: Summary of key commercial terms
7. Constitution/Trust Deed Extract: Relevant excerpts from governing documents of the investment vehicle
8. Financial Services Guide: Required disclosures under Australian financial services laws
9. Wholesale Investor Certificate: Accountant's certificate for wholesale investor status if applicable
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Private Equity
Venture Capital
Real Estate Investment
Infrastructure
Asset Management
Wealth Management
Alternative Investments
Technology Startups
Renewable Energy
Mining and Resources
Agriculture
Healthcare
Commercial Property
Relevant Teams
Legal
Compliance
Investment Management
Risk Management
Operations
Finance
Client Services
Due Diligence
Portfolio Management
Treasury
Investment Committee
Board of Directors
Relevant Roles
Investment Manager
Fund Manager
Chief Investment Officer
Portfolio Manager
Investment Analyst
Compliance Officer
Legal Counsel
Risk Manager
Chief Financial Officer
Investment Director
Relationship Manager
Trust Manager
Investment Operations Manager
Due Diligence Officer
Investment Committee Member
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