This Asset Management Agreement is designed for use in the Belgian market when establishing a professional investment management relationship between an asset manager and their clients. The document is essential for compliance with Belgian financial regulations and implemented EU directives, particularly MiFID II. It covers crucial aspects such as investment mandate definition, risk management, fee structures, and reporting obligations. The agreement is suitable for various client types, from individual investors to institutional clients, and can be customized based on specific investment objectives and regulatory requirements. It incorporates necessary provisions for regulatory compliance, including client categorization, best execution policies, and conflict of interest management, while adhering to Belgian Financial Services and Markets Authority (FSMA) guidelines.
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1. Parties: Identification of the asset manager and the client, including regulatory status and contact details
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 Scope of Services: Formal appointment of the asset manager and detailed description of services
5. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any restrictions
6. Client Categorization: Classification of the client under MiFID II regulations
7. Powers and Duties of the Asset Manager: Detailed responsibilities and authority of the asset manager
8. Client's Obligations: Client's responsibilities, including information provision and cooperation
9. Fees and Expenses: Compensation structure, calculation methods, and payment terms
10. Reporting and Valuations: Frequency and content of reports, valuation methods
11. Risk Disclosures: Mandatory risk warnings and acknowledgments
12. Conflicts of Interest: Procedures for identifying and managing conflicts
13. Liability and Indemnification: Extent of liability and circumstances for indemnification
14. Term and Termination: Duration, renewal, and termination provisions
15. Confidentiality: Protection of confidential information
16. Data Protection: GDPR compliance and data handling procedures
17. Anti-Money Laundering: AML compliance requirements and procedures
18. Notices: Communication methods and contact details
19. Governing Law and Jurisdiction: Belgian law application and dispute resolution
20. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.
1. Delegation: Used when the asset manager may delegate certain functions to third parties
2. Voting Rights: Include when the agreement covers management of securities with voting rights
3. Foreign Account Provisions: Required when dealing with international investments or clients
4. Special Investment Restrictions: Used for clients with specific investment restrictions (e.g., ethical, religious, or regulatory)
5. Performance Fee Structure: Include when performance-based fees are part of the compensation
6. Electronic Services: Required when providing online access to accounts or electronic reporting
7. Client Representatives: Include for institutional clients to define authorized persons
8. Force Majeure: Optional expanded force majeure provisions for specific circumstances
1. Investment Guidelines: Detailed investment parameters, restrictions, and benchmarks
2. Fee Schedule: Detailed breakdown of all fees, charges, and calculation methods
3. Authorized Persons: List of individuals authorized to give instructions on behalf of the client
4. Risk Disclosure Statement: Comprehensive risk warnings and acknowledgments
5. Custody Arrangements: Details of custody services if provided or requirements for third-party custody
6. Reporting Templates: Format and content of regular reports to be provided
7. Best Execution Policy: Details of the firm's execution policy as required by MiFID II
8. Conflicts of Interest Policy: Detailed policy for managing conflicts of interest
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