The Asset Management Contract serves as the primary legal framework for investment management relationships in Indonesia, establishing the terms under which a licensed asset manager provides professional investment services to clients. This document is essential for compliance with Indonesian financial services regulations, particularly OJK requirements and the Capital Markets Law. It is used when clients (either institutional or individual) delegate investment authority to a professional asset manager, requiring detailed documentation of investment strategies, risk parameters, fees, and service levels. The contract must incorporate specific Indonesian regulatory requirements including mandatory risk disclosures, consumer protection provisions, and anti-money laundering compliance measures. It's particularly important for establishing clear fiduciary responsibilities and operational parameters while ensuring alignment with local regulatory frameworks.
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1. Parties: Identification of the Asset Manager and the Client, including registration details and licensing information
2. Background: Context of the agreement and general purpose of the asset management relationship
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
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 investment restrictions
6. Risk Disclosures: Mandatory risk warnings and client acknowledgments as required by OJK regulations
7. Services and Obligations: Detailed description of services to be provided and obligations of the asset manager
8. Client's Obligations: Client's responsibilities, including information provision and compliance with regulations
9. Fees and Expenses: Management fees, performance fees, and other charges, including calculation methods
10. Reporting and Valuations: Reporting obligations, frequency, content, and valuation methodologies
11. Representations and Warranties: Standard and regulatory-required representations from both parties
12. Confidentiality: Confidentiality obligations and permitted disclosures
13. Compliance with Laws: Obligations to comply with relevant laws and regulations, including AML requirements
14. Liability and Indemnification: Extent of asset manager's liability and mutual indemnification provisions
15. Term and Termination: Duration of agreement and grounds for termination
16. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Custody Arrangements: Required when custody services are provided by a third party or the asset manager
2. Performance Benchmarks: Include when specific performance benchmarks are agreed with the client
3. Foreign Investment Provisions: Required when portfolio includes offshore investments
4. Shariah Compliance: Required for Shariah-compliant investment management services
5. Proxy Voting Rights: Include when the asset manager has authority to exercise voting rights
6. Sub-Advisory Arrangements: Required when sub-managers or advisors may be appointed
7. ESG Investment Criteria: Include when environmental, social, and governance criteria apply to investments
8. Client Communication Protocols: Optional section detailing specific communication requirements for high-touch clients
1. Investment Guidelines: Detailed investment parameters, restrictions, and allowable instruments
2. Fee Schedule: Detailed breakdown of all fees, charges, and calculation methodologies
3. Authorized Persons: List of persons authorized to give instructions on behalf of the client
4. Reporting Templates: Agreed formats for periodic reports and performance measurement
5. Risk Disclosure Statement: Detailed risk disclosures as required by OJK regulations
6. KYC Documentation: Required client due diligence and KYC documentation
7. Service Level Agreement: Detailed service standards and performance metrics
8. Power of Attorney: Required documentation for asset manager's authority to act on behalf of client
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