The Investment Agency Agreement is essential for establishing formal investment management relationships in Malaysia's regulated financial services sector. This document is used when an entity or individual (the principal) wishes to delegate investment management authority to a professional investment manager or financial institution (the agent). The agreement must comply with Malaysian regulatory requirements, particularly those set by the Securities Commission Malaysia and Bank Negara Malaysia. It typically includes detailed provisions on investment scope, risk management, reporting obligations, and regulatory compliance. The agreement is crucial for institutional investors, high-net-worth individuals, and corporate entities seeking professional investment management services while ensuring proper governance and regulatory compliance in the Malaysian context.
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1. Parties: Identification of the Principal and the Investment Agent, including full legal names and registration details
2. Background: Context of the agreement and general relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Appointment and Scope: Formal appointment of the Investment Agent and detailed scope of authority
5. Regulatory Compliance: Obligations to comply with Malaysian financial services laws and regulations
6. Investment Guidelines: Permitted investments, restrictions, and investment strategy parameters
7. Duties and Responsibilities: Detailed obligations of the Investment Agent and the Principal
8. Fees and Expenses: Fee structure, payment terms, and allocation of expenses
9. Reporting and Documentation: Required reports, frequency, and documentation requirements
10. Risk Disclosures: Mandatory risk warnings and acknowledgments
11. Representations and Warranties: Standard and specific representations by both parties
12. Confidentiality: Confidentiality obligations and permitted disclosures
13. Liability and Indemnification: Extent of liability and indemnification provisions
14. Term and Termination: Duration, renewal, and termination provisions
15. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction details
1. Digital Services: Required when the investment services include digital or automated investment management
2. Shariah Compliance: Required for Islamic investment products and services
3. Anti-Money Laundering Procedures: Detailed AML procedures when dealing with high-risk investments or clients
4. Foreign Investment Provisions: Required when investments involve foreign securities or cross-border transactions
5. Sub-Agency Arrangements: Required when the Investment Agent may appoint sub-agents
6. Force Majeure: Detailed force majeure provisions for specific market circumstances
7. Data Protection: Enhanced data protection provisions when dealing with personal data processing
1. Investment Guidelines and Restrictions: Detailed investment parameters, restrictions, and acceptable instruments
2. Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
3. Authorized Personnel: List of authorized persons who can give instructions or receive reports
4. Reporting Templates: Standard formats for regular reporting and documentation
5. Risk Disclosure Statement: Detailed risk disclosures specific to the investment strategy
6. Compliance Requirements: Specific regulatory compliance procedures and requirements
7. Power of Attorney: Formal power of attorney document if required for specific actions
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Asset Management
Investment Banking
Wealth Management
Private Banking
Corporate Banking
Family Offices
Insurance
Pension Funds
Real Estate Investment
Relevant Teams
Legal
Compliance
Investment Management
Risk Management
Operations
Client Services
Finance
Due Diligence
Portfolio Management
Wealth Management
Relevant Roles
Investment Manager
Portfolio Manager
Compliance Officer
Legal Counsel
Risk Manager
Relationship Manager
Chief Investment Officer
Fund Manager
Investment Advisor
Operations Manager
Client Services Manager
Due Diligence Officer
Financial Controller
Investment Analyst
Wealth Manager
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