The Short Term Investment Agreement is a crucial document used in Canadian investment transactions to formalize short-term investment arrangements between investors and investment managers or companies. It is particularly relevant when establishing investment relationships lasting typically less than one year, though terms can vary. The agreement must comply with Canadian federal securities laws and provincial regulations, which primarily govern securities activities in Canada. This document includes essential provisions covering investment terms, risk disclosures, fee structures, and regulatory compliance requirements. It's designed to protect both investors and investment managers while ensuring transparency and regulatory compliance in the Canadian investment landscape. The agreement is commonly used for various investment vehicles including money market instruments, short-term securities, and other financial products with brief investment horizons.
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1. Parties: Identification of the investor(s) and investment manager/company
2. Background: Context of the investment arrangement and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Investment Amount and Terms: Specification of the investment amount, term, and any minimum holding periods
5. Investment Strategy and Objectives: Description of how the funds will be invested and the intended investment goals
6. Fees and Expenses: Details of management fees, performance fees, and other applicable charges
7. Rights and Obligations: Core responsibilities of each party during the investment term
8. Risk Disclosures: Mandatory risk warnings and acknowledgments
9. Term and Termination: Duration of the agreement and termination provisions
10. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority
11. Confidentiality: Provisions regarding the handling of confidential information
12. Governing Law and Jurisdiction: Specification of applicable law and dispute resolution mechanism
1. Foreign Investment Provisions: Additional provisions required for non-Canadian investors
2. Tax Considerations: Specific tax-related provisions when complex tax structures are involved
3. Reporting Requirements: Additional reporting obligations for certain types of investments or investors
4. Anti-Money Laundering Compliance: Enhanced AML provisions for high-risk investors or jurisdictions
5. Investment Committee: Provisions regarding investment decision-making process when applicable
6. Side Letter Provisions: Reference to any side letters when special terms are granted to specific investors
1. Schedule A - Investment Strategy: Detailed description of the investment strategy and permitted investments
2. Schedule B - Fee Structure: Detailed breakdown of all fees and expenses
3. Schedule C - Subscription Form: Form capturing investor details and subscription information
4. Schedule D - Risk Disclosure Statement: Comprehensive risk factors and disclosures
5. Schedule E - KYC Documentation: Required know-your-client and anti-money laundering documentation
6. Appendix 1 - Investment Guidelines: Specific investment restrictions and guidelines
7. Appendix 2 - Reporting Template: Format for regular investment reports and statements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Investment Management
Banking
Private Equity
Venture Capital
Asset Management
Wealth Management
Corporate Finance
Real Estate Investment
Technology Investment
Infrastructure Investment
Relevant Teams
Legal
Compliance
Investment Management
Risk Management
Treasury
Finance
Operations
Due Diligence
Portfolio Administration
Corporate Governance
Relevant Roles
Investment Manager
Portfolio Manager
Legal Counsel
Compliance Officer
Risk Manager
Chief Investment Officer
Chief Financial Officer
Investment Advisor
Fund Administrator
Treasury Manager
Financial Controller
Due Diligence Officer
Investment Analyst
Corporate Secretary
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