The Mutual Fund Agreement is essential for establishing regulated investment vehicles in England and Wales. This document is used when setting up new mutual funds or updating existing fund structures, providing a comprehensive framework for fund operation, governance, and investor rights. It must comply with FCA regulations, FSMA 2000, and related financial services legislation. The agreement typically includes detailed provisions on investment strategy, risk management, valuation methods, fee structures, and investor protection mechanisms. It serves as the primary constitutional document for the fund, binding all parties involved in the fund's operation and management.
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1. Parties: Identification of fund manager, trustee, and other key parties
2. Background: Purpose of the fund and key objectives
3. Definitions: Key terms used throughout the agreement
4. Fund Structure: Legal structure, type of fund, and investment objectives
5. Investment Powers and Restrictions: Investment guidelines and limitations
6. Management and Administration: Roles and responsibilities of fund manager
7. Units/Shares: Classes, rights, and dealing provisions
8. Fees and Expenses: Management fees, operational costs, and expense allocation
9. Valuation and Pricing: Methods for calculating NAV and unit prices
1. Distribution Policy: Terms for income distribution, used when fund offers income distributions
2. Multi-Currency Provisions: Currency hedging and multiple share class provisions for funds offering multiple currency share classes
3. Securities Lending: Terms for securities lending activities when fund engages in securities lending
1. Investment Restrictions Schedule: Detailed investment restrictions and limits
2. Valuation Rules Schedule: Detailed methodology for asset valuation
3. Share Class Details Schedule: Specifications for different share classes
4. Fee Schedule: Detailed breakdown of all fees and charges
5. Service Providers Schedule: Details of custodian, administrator, and other service providers
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