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Investment Advisory Agreement Template for Denmark

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Key Requirements PROMPT example:

Investment Advisory Agreement

I need an Investment Advisory Agreement under Danish law for a boutique investment firm providing advisory services to high-net-worth retail clients, with particular emphasis on ESG investments and digital service delivery.

What is a Investment Advisory Agreement?

The Investment Advisory Agreement is a crucial document used to establish and regulate the professional relationship between investment advisors and their clients in Denmark. It serves as the primary contractual framework for providing investment advisory services while ensuring compliance with Danish financial regulations, including the Financial Business Act, MiFID II implementation requirements, and consumer protection laws. This agreement is essential when an investment advisor or financial institution begins providing investment advice to clients, whether they are retail, professional, or institutional investors. The document covers comprehensive aspects of the advisory relationship, including service scope, regulatory obligations, risk disclosures, fee structures, and client protections, while incorporating specific Danish legal requirements and EU regulations such as GDPR. It's particularly important for maintaining regulatory compliance and establishing clear boundaries and expectations in the investment advisory relationship.

What sections should be included in a Investment Advisory Agreement?

1. Parties: Identification of the investment advisor and the client, including registration numbers and contact details

2. Background: Context of the agreement, regulatory status of the advisor, and general purpose of the advisory relationship

3. Definitions: Key terms used throughout the agreement, including regulatory and technical terms

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

5. Client Classification: Classification of the client (retail/professional) and implications of such classification

6. Advisor's Obligations: Detailed obligations of the advisor, including duty of care, reporting requirements, and compliance with regulations

7. Client's Obligations: Client's responsibilities, including providing accurate information and updating material changes

8. Risk Disclosures: Mandatory risk warnings and acknowledgments regarding investment advice

9. Fees and Charges: Fee structure, payment terms, and disclosure of any third-party payments

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

11. Confidentiality and Data Protection: Handling of confidential information and personal data in compliance with GDPR

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

13. Liability and Indemnification: Extent and limitations of advisor's liability and indemnification provisions

14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

What sections are optional to include in a Investment Advisory Agreement?

1. Best Execution Policy: Required if the advisor also handles order execution or transmits orders

2. Portfolio Management: Include if discretionary portfolio management services are offered alongside advisory

3. Research Services: Include if investment research is provided as part of the service

4. Online Services: Include if digital platforms or online tools are provided

5. Recording of Communications: Required if telephone or electronic communications are recorded

6. Force Majeure: Optional clause addressing extraordinary circumstances

7. Assignment: Include if transfer of rights under the agreement needs to be addressed

8. Amendments: Process for making changes to the agreement if needed

What schedules should be included in a Investment Advisory Agreement?

1. Schedule 1 - Client Information Form: Detailed client information, investment objectives, and risk profile

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures

3. Schedule 3 - Investment Strategy: Agreed investment strategy and any restrictions or limitations

4. Schedule 4 - Risk Disclosure Statement: Detailed risk warnings specific to recommended investment types

5. Schedule 5 - Conflicts of Interest Policy: Detailed policy on handling conflicts of interest

6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and details

7. Schedule 7 - Regulatory Disclosures: Required regulatory disclosures and client acknowledgments

8. Appendix A - Power of Attorney: If required for specific services or actions on behalf of the client

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions










Clauses






































Relevant Industries

Financial Services

Banking

Investment Management

Wealth Management

Asset Management

Private Banking

Corporate Finance

Pension Services

Fund Management

Professional Services

Relevant Teams

Legal

Compliance

Investment Advisory

Wealth Management

Risk Management

Client Services

Operations

Portfolio Management

Product Development

Financial Planning

Private Banking

Investment Strategy

Relevant Roles

Investment Advisor

Financial Advisor

Wealth Manager

Portfolio Manager

Compliance Officer

Legal Counsel

Risk Manager

Client Relationship Manager

Chief Investment Officer

Head of Advisory Services

Private Banker

Investment Strategist

Financial Planning Director

Senior Financial Consultant

Investment Operations Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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