The Financial Management Agreement is a crucial document used to establish and govern the professional relationship between financial managers and their clients in Belgium. It serves as the primary contract defining investment management services, incorporating requirements from Belgian financial regulations, MiFID II, and relevant EU directives. This agreement is essential when a client delegates investment decision-making authority to a professional manager, whether for individual wealth management, corporate portfolios, or institutional assets. The document addresses key aspects including investment scope, risk management, reporting requirements, fee structures, and regulatory compliance, while ensuring adherence to Belgian financial services laws and EU regulations. It's particularly important for establishing clear boundaries of authority, responsibilities, and service expectations in financial management relationships.
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1. Parties: Identification of the financial manager and the client, including registration/license numbers
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of financial management services to be provided
5. Appointment and Authority: Formal appointment of the financial manager and extent of their authority
6. Investment Guidelines: Parameters and restrictions for investment decisions
7. Fees and Expenses: Fee structure, calculation methods, and payment terms
8. Reporting and Valuations: Frequency and content of reports, valuation methodologies
9. Risk Disclosures: Mandatory risk warnings and disclosures under Belgian law
10. Compliance and AML Obligations: Anti-money laundering and regulatory compliance requirements
11. Data Protection: GDPR compliance and data handling procedures
12. Term and Termination: Duration of agreement and termination provisions
13. Liability and Indemnification: Extent of liability and indemnification obligations
14. Governing Law and Jurisdiction: Confirmation of Belgian law governance and jurisdiction
1. Custody Services: Include when the manager also provides custody services
2. Foreign Investment Provisions: Include for portfolios with international investments
3. Professional Client Status: Include for clients qualifying as professional investors under MiFID II
4. Sustainable Investment Criteria: Include for ESG-focused investment mandates
5. Electronic Communications: Include for digital service delivery arrangements
6. Sub-delegation Rights: Include when manager may delegate certain functions
7. Group Company Services: Include when services may be provided by group companies
1. Schedule 1 - Investment Policy Statement: Detailed investment objectives, strategy, and restrictions
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and calculation methods
3. Schedule 3 - Authorized Persons: List of persons authorized to give instructions on behalf of client
4. Schedule 4 - Reporting Requirements: Detailed reporting formats, frequencies, and content requirements
5. Schedule 5 - Risk Profile Assessment: Client risk profile assessment and suitability determination
6. Appendix A - MiFID II Classifications: Client categorization and MiFID II-related disclosures
7. Appendix B - Data Processing Terms: Detailed GDPR-compliant data processing terms
8. Appendix C - Service Level Agreement: Specific service standards and performance metrics
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