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Investment Advisor Contract
I need an Investment Advisor Contract under German law for my boutique advisory firm to provide sustainable investment advisory services to high-net-worth retail clients, with specific provisions for ESG investment strategies and quarterly performance reporting.
1. Parties: Identification of the investment advisor and the client, including registration/license numbers and contact details
2. Background: Context of the agreement and confirmation of advisor's regulatory status
3. Definitions: Key terms used throughout the agreement, including regulatory terminology
4. Scope of Services: Detailed description of investment advisory services to be provided
5. Advisor's Obligations: Core duties, including duty of care, loyalty, and regulatory compliance obligations
6. Client's Obligations: Client's responsibilities, including information provision and cooperation requirements
7. Fees and Compensation: Fee structure, payment terms, and any additional charges
8. Regulatory Compliance: Compliance with WpHG, KWG, and other applicable regulations
9. Risk Disclosures: Mandatory risk warnings and investment-related disclaimers
10. Conflicts of Interest: Disclosure and management of potential conflicts
11. Data Protection: GDPR compliance and data handling procedures
12. Confidentiality: Protection of confidential information and trade secrets
13. Liability and Indemnification: Extent and limitations of advisor's liability
14. Term and Termination: Duration, renewal, and termination provisions
15. Governing Law and Jurisdiction: Application of German law and dispute resolution procedures
1. Best Execution Policy: Required for advisors who also handle order execution
2. Portfolio Management: Include if discretionary management services are offered
3. Research Services: Include if providing investment research services
4. Online Services: Include if providing digital platform access
5. Sub-Advisory Arrangements: Include if using third-party advisors
6. International Transactions: Include for cross-border advisory services
7. Tax Considerations: Include if providing tax-related guidance
8. Insurance Coverage: Include details of professional liability insurance if required by client
1. Schedule A - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
2. Schedule B - Investment Strategy: Detailed investment approach and guidelines
3. Schedule C - Risk Profile Assessment: Client risk profiling questionnaire and results
4. Schedule D - Authorized Representatives: List of authorized persons who can give/receive instructions
5. Schedule E - Reporting Requirements: Format, frequency, and content of client reports
6. Appendix 1 - Regulatory Disclosures: Required regulatory disclosures and investor protections
7. Appendix 2 - Privacy Policy: Detailed data protection and privacy procedures
8. Appendix 3 - Conflict of Interest Policy: Detailed procedures for managing conflicts of interest
Authors
Financial Services
Banking
Wealth Management
Asset Management
Investment Management
Corporate Finance
Private Equity
Insurance
Family Office Services
Professional Services
Real Estate Investment
Technology Investment
Healthcare Investment
Sustainable Investment
Legal
Compliance
Risk Management
Investment Advisory
Client Relations
Operations
Finance
Executive Management
Investment Strategy
Portfolio Management
Wealth Management
Corporate Development
Investment Advisor
Wealth Manager
Financial Consultant
Portfolio Manager
Compliance Officer
Legal Counsel
Risk Manager
Client Relationship Manager
Chief Investment Officer
Finance Director
Investment Strategist
Managing Director
Chief Executive Officer
Chief Financial Officer
Investment Committee Member
Operations Manager
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