The Investment Management Contract serves as the primary legal framework for establishing and governing the relationship between professional investment managers and their clients in Indonesia. This document is essential when an individual or institutional investor wishes to engage a licensed investment manager to professionally manage their investment portfolio. The contract must comply with Indonesian Financial Services Authority (OJK) regulations, particularly OJK Regulation No. 43/POJK.04/2015 and No. 3/POJK.04/2021, which govern investment management services. It outlines crucial elements such as investment strategies, risk parameters, fee structures, reporting requirements, and regulatory compliance obligations. The document is typically used by asset management companies, investment firms, and financial institutions providing discretionary portfolio management services to both retail and institutional clients in Indonesia.
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1. Parties: Identification of the Investment Manager and the Client, including registration details and licensing information
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Authority: Formal appointment of the investment manager and scope of their authority
5. Investment Objectives and Strategy: Detailed description of investment goals, strategy, and any investment restrictions
6. Services and Responsibilities: Specific services to be provided by the investment manager and their responsibilities
7. Client's Representations and Warranties: Client's confirmations regarding their legal capacity, understanding of risks, and source of funds
8. Investment Manager's Representations and Warranties: Investment manager's confirmations regarding licenses, capabilities, and compliance
9. Fees and Expenses: All fees, charges, and expenses, including management fees, performance fees, and other costs
10. Reporting and Valuations: Requirements for periodic reporting, portfolio valuations, and performance measurements
11. Risk Disclosures: Comprehensive disclosure of investment risks and market conditions
12. Compliance and Anti-Money Laundering: Obligations regarding regulatory compliance and AML requirements
13. Confidentiality: Provisions regarding the protection and handling of confidential information
14. Term and Termination: Duration of the agreement and circumstances for termination
15. Governing Law and Dispute Resolution: Choice of law and methods for resolving disputes
1. Custodian Arrangements: Required when a third-party custodian is involved in holding client assets
2. Foreign Investment Provisions: Required when the investment strategy includes foreign investments
3. Shariah Compliance: Required for Islamic investment management services
4. Investment Committee: Required when an investment committee will be established to oversee investment decisions
5. Sub-Manager Provisions: Required when the investment manager may delegate responsibilities to sub-managers
6. Force Majeure: Optional provisions for extraordinary circumstances affecting contract performance
7. Special Investment Restrictions: Required when client has specific investment restrictions or preferences
1. Investment Guidelines: Detailed investment parameters, restrictions, and benchmarks
2. Fee Schedule: Detailed breakdown of all fees, calculations, and payment terms
3. Risk Disclosure Statement: Comprehensive statement of risks as required by OJK regulations
4. Authorized Persons: List of persons authorized to give instructions on behalf of the client
5. Reporting Format: Templates and specifications for regular reporting
6. KYC Documentation: Required know-your-customer forms and documentation
7. Power of Attorney: Standard form of power of attorney for investment management activities
8. Service Level Agreement: Detailed service standards and performance metrics
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