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Investment Mandate Agreement for the United Kingdom

Investment Mandate Agreement Template for England and Wales

An Investment Mandate Agreement is a legally binding document governed by the laws of England and Wales that establishes the terms and conditions under which an investment manager will manage assets on behalf of a client. It outlines investment objectives, strategies, restrictions, reporting requirements, fees, and responsibilities of all parties involved, while ensuring compliance with UK financial services regulations, including FCA requirements and MiFID II provisions.

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Investment Mandate Agreement

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What is a Investment Mandate Agreement?

The Investment Mandate Agreement is a crucial document used when establishing a discretionary investment management relationship between professional investment managers and their clients. It serves as the primary agreement defining how client assets will be managed, investment strategies implemented, and services delivered. Under English and Welsh law, this agreement must comply with strict regulatory requirements, including FCA regulations and MiFID II provisions. The document typically includes detailed provisions on investment objectives, risk parameters, reporting requirements, fee structures, and operational procedures.

What sections should be included in a Investment Mandate Agreement?

1. Parties: Details of the investment manager and client

2. Background: Context and purpose of the investment mandate

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Scope of investment manager's appointment and powers

5. Investment Objectives and Restrictions: Agreed investment strategy and limitations

6. Fees and Expenses: Management fees, performance fees, and other charges

7. Reporting Requirements: Frequency and content of investment reports

8. Term and Termination: Duration and termination provisions

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

1. Custody Arrangements: Details of custody services if provided - include when custody services are part of the mandate

2. Performance Benchmarks: Specific performance targets and measurement - include when specific performance metrics are agreed

3. Delegation: Terms for delegating investment management duties - include when sub-managers may be appointed

What schedules should be included in a Investment Mandate Agreement?

1. Investment Guidelines: Detailed investment restrictions and parameters

2. Fee Schedule: Detailed breakdown of all fees and charges

3. Authorized Persons: List of individuals authorized to give instructions

4. Reporting Template: Format and content of regular reports

5. Risk Disclosures: Detailed risk warnings and disclosures

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

Jurisdiction

England and Wales

Cost

Free to use
Relevant legal definitions







































Clauses































Industries

Financial Services and Markets Act 2000 (FSMA): Primary legislation governing financial services regulation in the UK, establishing regulatory framework and requirements for investment activities

Financial Services Act 2012: Reformed the UK financial regulatory structure, introducing key amendments to FSMA and establishing new regulatory bodies

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001: Defines which activities require FCA authorization and regulation in the context of investment management

FCA Handbook - COBS: Conduct of Business Sourcebook containing detailed rules for how investment firms must interact with clients and conduct business

FCA Handbook - CASS: Client Assets Sourcebook providing rules for protecting and handling client money and assets

FCA Handbook - SYSC: Systems and Controls requirements for investment firms' internal organization and risk management

Senior Managers and Certification Regime (SMCR): Framework for individual accountability of senior personnel in financial services firms

UK MiFID II Implementation: UK version of the Markets in Financial Instruments Directive II, governing investment services and activities

UK Market Abuse Regulation (UK MAR): Regulations preventing market abuse, insider dealing, and market manipulation

Money Laundering Regulations 2017: Requirements for anti-money laundering procedures and controls in financial services

Proceeds of Crime Act 2002: Legislation dealing with money laundering and proceeds of criminal conduct

UK General Data Protection Regulation (UK GDPR): Primary data protection legislation governing how personal data must be handled

Data Protection Act 2018: UK's implementation of data protection requirements, working alongside UK GDPR

Unfair Contract Terms Act 1977: Controls unfair terms in contracts and limits ability to exclude or restrict liability

Trustee Act 2000: Governs trustees' powers and duties, relevant for fiduciary responsibilities in investment management

Taxation of Chargeable Gains Act 1992: Legislation governing taxation of investment gains and related reporting requirements

Income Tax Act 2007: Primary legislation for income tax, relevant for investment income and tax reporting obligations

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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