The Discretionary Management Agreement is essential for establishing professional investment management relationships in Denmark. It is used when a client wishes to delegate investment decision-making authority to a professional manager regulated under Danish financial law. The agreement must comply with the Danish Financial Business Act, MiFID II regulations as implemented in Danish law, and other relevant financial services legislation. This document outlines the scope of the manager's authority, investment guidelines, risk parameters, fee structures, and reporting requirements. It includes mandatory regulatory disclosures, client categorization under MiFID II, and specific provisions for client protection. The agreement is particularly important for financial institutions offering discretionary portfolio management services and must be tailored to reflect both the client's investment objectives and regulatory requirements.
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Key Requirements PROMPT example:
Discretionary Management Agreement
I need a Discretionary Management Agreement under Danish law for a retail client focused on sustainable investments, with specific ESG criteria and quarterly reporting requirements, to be implemented by March 2025.
1. Parties: Identification of the investment manager and the client, including registration details and contact information
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. Appointment and Scope of Authority: Formal appointment of the manager and detailed scope of discretionary management services
5. Investment Objectives and Restrictions: Client's investment objectives, risk profile, and any specific investment restrictions
6. Manager's Duties and Responsibilities: Detailed obligations of the manager, including compliance with regulations and fiduciary duties
7. Client Classification and Suitability: Classification of the client under MiFID II and confirmation of service suitability
8. Risk Disclosures: Mandatory risk warnings and disclosures required by Danish law and MiFID II
9. Fees and Expenses: Detailed fee structure, calculation methods, and payment terms
10. Reporting and Communications: Frequency and content of portfolio reports, valuation methods, and communication procedures
11. Conflicts of Interest: Disclosure and management of potential conflicts of interest
12. Liability and Indemnification: Extent of manager's liability and mutual indemnification provisions
13. Term and Termination: Duration of agreement and circumstances for termination
14. Confidentiality and Data Protection: Confidentiality obligations and GDPR compliance measures
15. Governing Law and Jurisdiction: Confirmation of Danish law governance and jurisdiction for disputes
1. Voting Rights: Provisions regarding the exercise of voting rights attached to portfolio securities - include when managing equity portfolios
2. Securities Lending: Terms for any securities lending activities - include if securities lending is offered
3. ESG Investment Criteria: Environmental, Social and Governance investment criteria - include for ESG-focused mandates
4. Sub-delegation: Terms for delegation of management to third parties - include if sub-managers may be appointed
5. Foreign Account Provisions: Additional provisions for non-Danish clients - include for international clients
6. Tax Reporting: Specific tax reporting obligations - include for clients requiring special tax reporting
7. Client Assets Protection: Additional provisions regarding segregation and protection of client assets - include for retail clients
1. Investment Policy Statement: Detailed investment strategy, asset allocation, and investment restrictions
2. Fee Schedule: Detailed breakdown of management fees, performance fees, and other charges
3. Risk Profile Questionnaire: Client's completed risk assessment and investment suitability questionnaire
4. Authorized Persons: List of persons authorized to give instructions on behalf of the client
5. Best Execution Policy: Manager's policy for achieving best execution of trades
6. Conflicts of Interest Policy: Detailed policy for identifying and managing conflicts of interest
7. Data Processing Agreement: GDPR-compliant agreement for processing personal data
8. Service Level Agreement: Detailed service standards and performance metrics
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Asset Management
Investment Advisory
Wealth Management
Private Banking
Insurance
Pension Funds
Family Offices
Fund Management
Relevant Teams
Legal
Compliance
Investment Management
Risk Management
Client Relations
Operations
Portfolio Administration
Wealth Management
Asset Management
Product Development
Executive Management
Relevant Roles
Investment Manager
Portfolio Manager
Chief Investment Officer
Compliance Officer
Legal Counsel
Risk Manager
Client Relationship Manager
Operations Manager
Investment Advisor
Wealth Manager
Fund Manager
Chief Executive Officer
Chief Financial Officer
Head of Asset Management
Senior Investment Strategist
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