The Discretionary Investment Management Agreement is a critical document used when a client delegates investment decision-making authority to a professional investment manager in Singapore. It establishes the legal framework for the relationship, ensuring compliance with the Securities and Futures Act, Financial Advisers Act, and MAS guidelines. The agreement covers essential elements including investment strategy, risk parameters, fees, reporting requirements, and termination provisions. It's particularly important in Singapore's highly regulated financial services environment, where specific legal and regulatory requirements must be met for fund management activities.
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Key Requirements PROMPT example:
Discretionary Investment Management Agreement
"Need a Discretionary Investment Management Agreement for a Singapore-based hedge fund manager providing services to institutional clients in Asia, with specific provisions for derivatives trading and quarterly performance reporting, to be effective from March 2025."
1. Parties: Identification of the investment manager and client, including registration details and addresses
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Key terms used throughout the agreement
4. Appointment and Authority: Formal appointment of the investment manager and scope of discretionary authority
5. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any restrictions
6. Fees and Expenses: Management fees, performance fees, and other charges
7. Representations and Warranties: Standard declarations from both parties
8. Duties and Obligations: Responsibilities of the investment manager and client
9. Risk Disclosures: Mandatory risk warnings and acknowledgments
10. Termination: Conditions and process for termination
1. Soft Dollar Arrangements: Details of any soft dollar arrangements - used when the manager uses soft dollar commissions
2. Performance Reporting: Specific reporting requirements beyond standard obligations - used when client requires custom reporting
3. Foreign Account Provisions: Special provisions for foreign accounts - used when client is non-Singapore resident
4. Delegation: Terms for delegation to sub-managers - used when sub-managers may be appointed
1. Investment Guidelines: Detailed investment parameters, restrictions, and benchmarks
2. Fee Schedule: Detailed breakdown of all fees and charges
3. Risk Disclosure Statement: Comprehensive risk disclosures required by MAS
4. Authorized Persons: List of persons authorized to give instructions
5. Custodian Details: Information about appointed custodian and custody arrangements
6. Client Information Form: KYC information and investment profile
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