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The Investment Advisory Agreement is a crucial document used when establishing a professional relationship between an investment advisor and a client in Belgium. It outlines the terms under which the advisor will provide investment recommendations and related services, ensuring compliance with Belgian financial regulations and EU directives, particularly MiFID II. This agreement is essential for both regulated investment firms and their clients, as it defines the scope of services, establishes clear responsibilities, and includes mandatory regulatory disclosures. The document incorporates specific Belgian legal requirements while addressing key aspects such as client classification, fee structures, risk warnings, and data protection obligations. It serves as the primary contractual framework for investment advisory relationships and helps ensure regulatory compliance in the Belgian financial services sector.

1. Parties: Identification of the investment advisor 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: Definitions of key terms used throughout the agreement

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

5. Duties and Responsibilities: Specific obligations of the investment advisor and the client

6. Client Classification: Classification of the client under MiFID II (retail/professional) and implications

7. Fees and Payment: Fee structure, calculation method, and payment terms

8. Conflicts of Interest: Disclosure and management of potential conflicts of interest

9. Risk Warnings: Mandatory risk disclosures and warnings regarding investment advice

10. Representations and Warranties: Statements and assurances from both parties

11. Confidentiality: Obligations regarding confidential information and data protection

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

13. Liability and Indemnification: Limitations of liability and indemnification provisions

14. Notices: Communication methods and contact details for formal notices

15. Governing Law and Jurisdiction: Belgian law as governing law and jurisdiction for disputes