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Asset Management Proposal for the United States

Asset Management Proposal Template for United States

An Asset Management Proposal is a comprehensive document used in the United States that outlines the terms and conditions under which an asset manager will provide investment management services to a client. It complies with SEC regulations and other applicable federal and state laws, including the Investment Advisers Act of 1940. The document details investment strategies, fee structures, risk disclosures, and the scope of services to be provided.

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Asset Management Proposal

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What is a Asset Management Proposal?

The Asset Management Proposal serves as a foundational document in the U.S. investment management industry, establishing the framework for professional asset management relationships. It is typically used when an investment firm seeks to formalize its service offering to potential clients, whether institutional or individual investors. The proposal must comply with SEC regulations, state securities laws, and federal statutes, including the Investment Advisers Act of 1940 and the Dodd-Frank Act. It includes detailed information about investment strategies, risk management, fee structures, performance reporting, and regulatory disclosures.

What sections should be included in a Asset Management Proposal?

1. Parties: Identification of the asset manager and the client, including legal names and addresses

2. Background: Context of the proposal, including client's investment objectives and current situation

3. Definitions: Key terms used throughout the proposal

4. Investment Philosophy and Strategy: Detailed explanation of the proposed investment approach and methodologies

5. Scope of Services: Specific services to be provided under the asset management agreement

6. Fee Structure: Detailed breakdown of all fees, including management fees, performance fees, and other charges

7. Risk Disclosures: Mandatory disclosures of investment risks and limitations

What sections are optional to include in a Asset Management Proposal?

1. Track Record: Historical performance data and relevant investment history

2. Team Biographies: Professional backgrounds and qualifications of key team members

3. ESG Integration: Environmental, Social, and Governance investment approach and implementation

4. Technology and Systems: Description of technological infrastructure and operational capabilities

What schedules should be included in a Asset Management Proposal?

1. Investment Guidelines: Detailed investment parameters and restrictions

2. Fee Schedule: Detailed breakdown of all fees and charges

3. Performance Reports: Sample performance reporting format and frequency

4. Regulatory Disclosures: Required regulatory statements and disclaimers

5. Service Level Agreement: Specific service standards and commitments

6. Risk Management Procedures: Detailed risk management protocols and procedures

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 | Serial Founder & Legal AI Author

Jurisdiction

United States

Cost

Free to use
Clauses






























Industries

Investment Advisers Act of 1940: Primary federal law regulating investment advisers and their activities, requiring registration with SEC and establishing fiduciary duties

Investment Company Act of 1940: Regulates the organization and operation of investment companies, including mutual funds and other investment vehicles

Securities Act of 1933: Governs the initial offering of securities and requires full disclosure of material information to investors

Securities Exchange Act of 1934: Regulates secondary market trading and establishes the SEC's authority over the securities industry

Dodd-Frank Act: Comprehensive financial reform legislation affecting asset management, including reporting requirements and systemic risk considerations

ERISA: Employee Retirement Income Security Act governing management of pension funds and establishing strict fiduciary responsibilities

SEC Regulations: Regulatory framework established by the Securities and Exchange Commission for investment advisers and asset managers

FINRA Rules: Self-regulatory organization rules governing broker-dealers and investment firms

Blue Sky Laws: State-specific securities regulations that may apply to asset management activities within particular states

AML Regulations: Anti-Money Laundering requirements for monitoring and reporting suspicious financial activities

KYC Requirements: Know Your Customer protocols for verifying client identity and assessing risk profiles

FATCA: Foreign Account Tax Compliance Act requiring reporting of foreign financial accounts held by US persons

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering

State Fiduciary Laws: State-specific regulations governing fiduciary duties and responsibilities of asset managers

DOL Fiduciary Rule: Department of Labor regulations regarding fiduciary duties for retirement account advisers

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data

State Privacy Laws: State-specific regulations governing the protection and handling of client personal information

Risk Disclosure Requirements: Mandatory disclosure of material risks, performance reporting, and fee structures to clients

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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