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The Financial Management Agreement is a crucial document used when establishing a professional relationship between a financial manager or investment firm and their clients in the Netherlands. It serves as the primary contractual framework defining the scope of financial management services, investment parameters, and mutual obligations of the parties involved. The agreement must comply with the Dutch Financial Supervision Act (Wft), MiFID II implementation requirements, and other relevant Dutch and EU regulations. It typically covers aspects such as investment strategy, risk management, reporting requirements, fee structures, and regulatory compliance measures. This document is essential for any financial institution or investment firm operating in the Netherlands that provides discretionary asset management or financial advisory services to clients, whether they are individual investors, corporate entities, or institutional clients.

1. Parties: Identification of the financial manager and the client, including registration details and regulatory status

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope of Services: Formal appointment of the financial manager and detailed description of services to be provided

5. Authority and Client Instructions: Extent of the manager's authority to act and procedures for client instructions

6. Investment Objectives and Restrictions: Client's investment goals, risk profile, and any specific investment restrictions

7. Fees and Expenses: Detailed fee structure, calculation methods, and payment terms

8. Reporting and Communications: Frequency and type of reports, communication methods, and meeting requirements

9. Client's Obligations: Client's responsibilities including providing accurate information and maintaining minimum balances

10. Risk Disclosures: Mandatory risk warnings and acknowledgments

11. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority

12. Confidentiality and Data Protection: Obligations regarding confidential information and personal data handling

13. Liability and Indemnification: Limitations of liability and indemnification provisions

14. Term and Termination: Duration of agreement and termination provisions

15. Governing Law and Jurisdiction: Choice of Dutch law and jurisdiction for disputes

16. General Provisions: Standard clauses including notices, amendments, and assignment