Investment Contract

Investment Contract Template for Australia

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Key Requirements PROMPT example:

"I need an Investment Contract for a wholesale managed fund in Australia that will invest in renewable energy projects, with a minimum investment of AUD 500,000 and quarterly redemption windows starting March 2025."

Document background

The Investment Contract serves as the primary legal document governing investment relationships in Australia, establishing the framework for capital deployment, investor rights, and investment management. This document is essential when establishing new investment vehicles, managing investment funds, or structuring direct investments. It must comply with Australian financial services regulations, including the Corporations Act 2001, ASIC requirements, and AML/CTF obligations. The contract typically includes comprehensive details about investment strategy, risk factors, fee structures, reporting requirements, and exit mechanisms. It's particularly important for ensuring proper disclosure and protection mechanisms are in place, whether dealing with retail or wholesale investors under Australian law.

Suggested Sections

1. Parties: Identification of the investment manager/issuer and the investor, including ACN/ABN and address details

2. Background: Context of the investment offering, nature of the investment vehicle, and purpose of the agreement

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Investment Terms: Core investment parameters including amount, asset class, investment strategy, and timing

5. Subscription Process: Process for making the investment, including payment mechanics and conditions precedent

6. Management and Administration: Rights and obligations of the investment manager, decision-making powers, and reporting requirements

7. Fees and Expenses: All fees, charges, and cost structures associated with the investment

8. Distributions and Returns: Mechanism for calculating and distributing investment returns

9. Representations and Warranties: Statements of fact and assurances from both parties

10. Risk Disclosures: Detailed disclosure of investment risks as required by Australian law

11. Confidentiality: Protection of confidential information and trade secrets

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

13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

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

Optional Sections

1. Wholesale Investor Declarations: Required when the investor qualifies as a wholesale client under the Corporations Act

2. FATCA/CRS Compliance: Required for foreign investors or investments with international elements

3. Co-investment Rights: Optional provisions for additional investment opportunities

4. Key Man Provisions: Required when investment strategy relies on specific individuals

5. Tag-Along/Drag-Along Rights: Required for private equity or venture capital investments

6. Environmental, Social and Governance (ESG): Required for investments with specific ESG focus or requirements

7. Side Letter Provisions: Required for special arrangements with specific investors

Suggested Schedules

1. Investment Strategy and Guidelines: Detailed description of investment approach, restrictions, and parameters

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

3. Subscription Form: Form capturing investor details, investment amount, and declarations

4. AML/CTF Requirements: Documentation requirements for anti-money laundering compliance

5. Tax Forms: Required tax declarations and forms

6. Investment Term Sheet: Summary of key commercial terms

7. Constitution/Trust Deed Extract: Relevant excerpts from governing documents of the investment vehicle

8. Financial Services Guide: Required disclosures under Australian financial services laws

9. Wholesale Investor Certificate: Accountant's certificate for wholesale investor status if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Private Equity

Venture Capital

Real Estate Investment

Infrastructure

Asset Management

Wealth Management

Alternative Investments

Technology Startups

Renewable Energy

Mining and Resources

Agriculture

Healthcare

Commercial Property

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Operations

Finance

Client Services

Due Diligence

Portfolio Management

Treasury

Investment Committee

Board of Directors

Relevant Roles

Investment Manager

Fund Manager

Chief Investment Officer

Portfolio Manager

Investment Analyst

Compliance Officer

Legal Counsel

Risk Manager

Chief Financial Officer

Investment Director

Relationship Manager

Trust Manager

Investment Operations Manager

Due Diligence Officer

Investment Committee Member

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