The Asset Management Agreement is a crucial document used in Indonesia's financial services sector when a client delegates the management of their investment assets to a professional asset management firm. It is required by Indonesian regulations, particularly OJK rules, whenever an asset manager takes on the responsibility of managing client funds. The agreement covers essential aspects such as investment strategy, risk management, fees, reporting requirements, and regulatory compliance. It must align with Law No. 8 of 1995 on Capital Markets and various OJK regulations governing investment management services. This document is particularly important for institutional relationships, high-net-worth individuals, and corporate clients seeking professional asset management services in Indonesia.
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1. Parties: Identification of the Asset Manager and the Client, including their full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the parties' intentions, and the Asset Manager's regulatory status
3. Definitions: Definitions of key terms used throughout the agreement, including technical and regulatory terms
4. Appointment and Authority: Formal appointment of the Asset Manager and scope of delegated authority
5. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any specific investment restrictions
6. Services and Responsibilities: Detailed description of services to be provided and the Asset Manager's responsibilities
7. Client's Responsibilities: Obligations of the client, including providing accurate information and necessary documentation
8. Fees and Expenses: Management fees, performance fees, and other applicable charges and expenses
9. Reporting and Valuations: Frequency and content of reports, valuation methodology, and performance measurement
10. Risk Disclosures: Mandatory risk warnings and acknowledgments as required by Indonesian regulations
11. Compliance and Anti-Money Laundering: Compliance obligations and AML/KYC requirements
12. Confidentiality: Confidentiality obligations and permitted disclosures
13. Term and Termination: Duration of agreement and circumstances for termination
14. Indemnification: Mutual indemnification provisions and liability limitations
15. Governing Law and Dispute Resolution: Choice of Indonesian law and dispute resolution mechanisms
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Custody Arrangements: Required if the agreement includes custody services or specifications about third-party custodians
2. Performance Guarantees: Optional section for any guaranteed returns or performance commitments, if applicable under Indonesian regulations
3. Shariah Compliance: Required for Islamic asset management services and Shariah-compliant investments
4. Foreign Investment Provisions: Required when the investment mandate includes foreign investments
5. Delegation and Sub-Advisory: Required when certain functions may be delegated to third parties
6. Tax Provisions: Detailed tax provisions required for specific investment structures or client types
7. Force Majeure: Optional detailed force majeure provisions beyond standard general provisions
1. Investment Guidelines: Detailed investment parameters, restrictions, and guidelines
2. Fee Schedule: Detailed breakdown of all fees, charges, and calculation methodologies
3. Authorized Persons: List of authorized signatories and their respective powers
4. Reporting Format: Templates and specifications for regular reporting
5. Risk Disclosure Statement: Detailed risk disclosures as required by OJK regulations
6. Client Information Form: KYC documentation and client profiling information
7. Investment Policy Statement: Detailed investment policy and strategy document
8. Service Level Agreement: Specific service standards and performance metrics
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