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Asset Management Agreement
"I need an Asset Management Agreement under Belgian law for a high-net-worth individual client, focusing on sustainable investments and ESG criteria, with quarterly performance reviews and specific provisions for alternative investments."
1. Parties: Identification of the asset manager and the client, including regulatory status and contact details
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope of Services: Formal appointment of the asset manager and detailed description of services
5. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any restrictions
6. Client Categorization: Classification of the client under MiFID II regulations
7. Powers and Duties of the Asset Manager: Detailed responsibilities and authority of the asset manager
8. Client's Obligations: Client's responsibilities, including information provision and cooperation
9. Fees and Expenses: Compensation structure, calculation methods, and payment terms
10. Reporting and Valuations: Frequency and content of reports, valuation methods
11. Risk Disclosures: Mandatory risk warnings and acknowledgments
12. Conflicts of Interest: Procedures for identifying and managing conflicts
13. Liability and Indemnification: Extent of liability and circumstances for indemnification
14. Term and Termination: Duration, renewal, and termination provisions
15. Confidentiality: Protection of confidential information
16. Data Protection: GDPR compliance and data handling procedures
17. Anti-Money Laundering: AML compliance requirements and procedures
18. Notices: Communication methods and contact details
19. Governing Law and Jurisdiction: Belgian law application and dispute resolution
20. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.
1. Delegation: Used when the asset manager may delegate certain functions to third parties
2. Voting Rights: Include when the agreement covers management of securities with voting rights
3. Foreign Account Provisions: Required when dealing with international investments or clients
4. Special Investment Restrictions: Used for clients with specific investment restrictions (e.g., ethical, religious, or regulatory)
5. Performance Fee Structure: Include when performance-based fees are part of the compensation
6. Electronic Services: Required when providing online access to accounts or electronic reporting
7. Client Representatives: Include for institutional clients to define authorized persons
8. Force Majeure: Optional expanded force majeure provisions for specific circumstances
1. Investment Guidelines: Detailed investment parameters, restrictions, and benchmarks
2. Fee Schedule: Detailed breakdown of all fees, charges, and calculation methods
3. Authorized Persons: List of individuals authorized to give instructions on behalf of the client
4. Risk Disclosure Statement: Comprehensive risk warnings and acknowledgments
5. Custody Arrangements: Details of custody services if provided or requirements for third-party custody
6. Reporting Templates: Format and content of regular reports to be provided
7. Best Execution Policy: Details of the firm's execution policy as required by MiFID II
8. Conflicts of Interest Policy: Detailed policy for managing conflicts of interest
Authors
Financial Services
Asset Management
Banking
Investment Services
Wealth Management
Private Banking
Insurance
Pension Fund Management
Corporate Treasury
Family Office Services
Fund Management
Professional Services
Legal
Compliance
Asset Management
Investment Management
Risk Management
Client Relations
Operations
Finance
Portfolio Management
Wealth Management
Fund Administration
Investment Advisory
Due Diligence
Regulatory Affairs
Asset Manager
Portfolio Manager
Investment Manager
Compliance Officer
Legal Counsel
Risk Manager
Investment Advisor
Client Relationship Manager
Chief Investment Officer
Head of Asset Management
Investment Director
Wealth Manager
Fund Manager
Private Banker
Financial Controller
Operations Manager
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