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Mutual Fund Agreement for Philippines

Mutual Fund Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the terms and conditions for investing in a mutual fund. The document outlines the relationship between the fund manager, trustee, and investors while complying with the requirements of the Investment Company Act and Securities Regulation Code. It includes detailed provisions on investment objectives, subscription and redemption procedures, fee structures, risk disclosures, and investor rights, all within the context of the Philippine regulatory framework overseen by the Securities and Exchange Commission.

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What is a Mutual Fund Agreement?

The Mutual Fund Agreement serves as the foundational document for establishing and managing mutual fund investments in the Philippines. It is used when setting up new mutual fund relationships or updating existing investment arrangements to comply with current regulations. The agreement encompasses all essential aspects required by Philippine law, including the Investment Company Act and SEC regulations, detailing the roles and responsibilities of all parties involved, investment strategies, risk factors, and operational procedures. This document is crucial for investment management companies operating in the Philippines as it provides the legal framework for pooling and managing investor funds while ensuring regulatory compliance and investor protection. The agreement must be registered with the Securities and Exchange Commission and includes specific provisions required by Philippine securities laws.

What sections should be included in a Mutual Fund Agreement?

1. Parties: Identification of the fund management company, trustee/custodian, and the investor(s)

2. Background: Context of the agreement and brief description of the mutual fund's objectives

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Fund Structure and Governance: Legal structure of the fund, roles of key parties, and governance framework

5. Investment Objectives and Policies: Detailed description of investment goals, strategies, and restrictions

6. Subscription and Redemption: Procedures for purchasing and redeeming fund units/shares

7. Fees and Charges: Complete breakdown of all fees, charges, and expenses

8. Risk Disclosure: Comprehensive disclosure of investment risks and market factors

9. Valuation and Pricing: Methods for calculating net asset value and unit/share prices

10. Reporting and Communications: Requirements for financial reporting and investor communications

11. Rights and Obligations: Detailed rights and obligations of all parties

12. Term and Termination: Duration of the agreement and conditions for termination

13. Amendments: Process for making changes to the agreement or fund policies

14. Governing Law and Jurisdiction: Applicable laws and jurisdiction for dispute resolution

15. Miscellaneous Provisions: Standard legal provisions including notices, assignment, and severability

What sections are optional to include in a Mutual Fund Agreement?

1. Electronic Trading Facility: Terms for online trading access and execution, included when electronic trading is offered

2. Foreign Investment Provisions: Special provisions for foreign investments, included when the fund invests internationally

3. Switching Facilities: Terms for switching between different funds, included when multiple funds are offered

4. Regular Investment Plans: Terms for systematic investment plans, included when regular investment options are offered

5. Tax Considerations: Specific tax implications and requirements, included when special tax considerations apply

6. Distribution Policy: Details of dividend/distribution policy, included for income-generating funds

7. Anti-Money Laundering Provisions: Detailed AML procedures, included for high-risk or high-value investments

What schedules should be included in a Mutual Fund Agreement?

1. Schedule A - Fund Details: Specific details of the fund including investment restrictions and parameters

2. Schedule B - Fee Schedule: Detailed breakdown of all fees, charges, and calculation methods

3. Schedule C - Subscription Form: Standard form for initial and subsequent investments

4. Schedule D - Redemption Form: Standard form for redemption requests

5. Schedule E - Risk Disclosure Statement: Detailed risk factors and scenarios

6. Schedule F - Valuation Methods: Detailed procedures for asset valuation

7. Appendix 1 - KYC Requirements: Documents required for customer verification

8. Appendix 2 - Tax Forms: Required tax declarations and forms

9. Appendix 3 - Fund Performance History: Historical performance data and benchmarks

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Philippines

Cost

Free to use

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