The Investment Management Contract is a crucial document used to establish and govern the relationship between professional investment managers and their clients in Denmark. It is specifically designed to comply with Danish financial regulations, including the Financial Business Act (Lov om finansiel virksomhed) and implemented EU directives such as MiFID II. This contract is essential when a client delegates investment authority to a professional manager to handle their investment portfolio. The agreement covers key aspects such as investment strategy, risk parameters, fees, reporting requirements, and regulatory obligations. It includes specific provisions required under Danish law and is structured to accommodate both retail and institutional clients, while ensuring appropriate regulatory protections are in place.
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Key Requirements PROMPT example:
Investment Management Contract
I need an Investment Management Contract under Danish law for a professional client focused on sustainable investments in Nordic markets, with specific ESG criteria and quarterly reporting requirements, to be effective from March 1, 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 investment manager and detailed scope of investment management services
5. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any investment restrictions
6. Client Categorization: Classification of the client according to MiFID II categories and resulting protections
7. Duties and Responsibilities: Detailed obligations of the investment manager, including compliance with regulations and investment guidelines
8. Fees and Expenses: Management fees, performance fees, and other charges, including calculation methods and payment terms
9. Reporting and Valuations: Frequency and content of portfolio reports, valuation methods, and performance measurement
10. Risk Disclosures: Mandatory risk warnings and disclosures required by Danish law and MiFID II
11. Conflicts of Interest: Disclosure and management of potential conflicts of interest
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Liability and Indemnification: Extent of manager's liability and mutual indemnification provisions
14. Confidentiality and Data Protection: Confidentiality obligations and GDPR compliance measures
15. Notices and Communications: Methods and requirements for formal communications between parties
16. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction for disputes
1. Delegation and Sub-Advisory: Used when the investment manager may delegate certain functions to third parties
2. Securities Lending: Include when the strategy may involve securities lending activities
3. Voting Rights and Corporate Actions: Required when the manager will exercise voting rights on behalf of the client
4. ESG Investment Criteria: Include when environmental, social, and governance criteria are part of the investment strategy
5. Foreign Account Provisions: Required for non-Danish clients to address cross-border considerations
6. Best Execution Policy: Detailed execution policy for sophisticated clients requiring specific arrangements
7. Client Assets and Custody: Include when the manager has any role in custody arrangements
1. Schedule 1 - Investment Guidelines: Detailed investment restrictions, limits, and permitted instruments
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and calculation methodologies
3. Schedule 3 - Authorized Persons: List of persons authorized to give instructions on behalf of each party
4. Schedule 4 - Reporting Requirements: Detailed specification of report contents, frequency, and delivery methods
5. Schedule 5 - Risk Disclosure Statement: Comprehensive risk disclosures required by Danish law and MiFID II
6. Appendix A - Best Execution Policy: Detailed policy for achieving best execution of trades
7. Appendix B - Conflicts of Interest Policy: Detailed policy for managing conflicts of interest
8. Appendix C - Privacy Notice: GDPR-compliant privacy notice detailing data processing activities
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Asset Management
Banking
Investment Banking
Wealth Management
Private Equity
Insurance
Pension Funds
Fund Management
Professional Services
Relevant Teams
Legal
Compliance
Investment Management
Risk Management
Client Services
Operations
Portfolio Management
Fund Administration
Regulatory Affairs
Product Development
Investment Strategy
Financial Control
Relevant Roles
Investment Manager
Portfolio Manager
Chief Investment Officer
Legal Counsel
Compliance Officer
Risk Manager
Client Relationship Manager
Fund Manager
Investment Advisor
Operations Manager
Chief Financial Officer
Head of Asset Management
Senior Investment Analyst
Director of Investment Operations
Regulatory Compliance Manager
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