The Investment Management Contract serves as the foundation for the relationship between investment managers and their clients in the United States. This document is essential when a client delegates investment authority over their assets to a professional manager. It outlines the scope of services, investment objectives, risk parameters, fee structures, and reporting requirements while ensuring compliance with federal securities laws, including the Investment Advisers Act of 1940, and state regulations. The contract provides critical protections for both parties and establishes clear accountability frameworks.
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1. Parties: Identification of investment manager and client, including legal status and contact details
2. Background: Context of the agreement and basic premises of the investment management relationship
3. Definitions: Key terms used throughout the agreement
4. Services: Detailed description of investment management services to be provided
5. Investment Authority and Guidelines: Scope of manager's discretionary authority and investment restrictions
6. Fees and Expenses: Management fees, performance fees, and other charges
7. Reporting Requirements: Frequency and content of performance reports and other communications
8. Term and Termination: Duration of agreement and termination provisions
9. Representations and Warranties: Standard legal assurances from both parties
1. ERISA Provisions: Special provisions required when managing pension fund assets subject to ERISA regulations
2. Foreign Investment Provisions: Special provisions for handling international investments and cross-border transactions
3. Custody Arrangements: Detailed provisions regarding custody of client assets and relationship with custodians
1. Investment Guidelines: Detailed investment restrictions, parameters, and acceptable asset classes
2. Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
3. Authorized Persons: List of individuals authorized to give instructions on behalf of client
4. Risk Disclosure Statement: Comprehensive disclosure of investment risks and potential conflicts
5. Form ADV: SEC registration and disclosure document for investment advisers
6. Privacy Policy: Detailed policies regarding data protection and privacy practices
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