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Investment Advisor Contract Template for Germany

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Key Requirements PROMPT example:

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.

Document background
The Investment Advisor Contract is essential for establishing and maintaining compliant investment advisory relationships under German law. It is used when a licensed investment advisor or firm agrees to provide professional investment advice to clients, whether they are retail investors, professional investors, or institutional clients. The contract must comply with strict German regulatory requirements, including the Securities Trading Act (WpHG), Banking Act (KWG), and Investment Firm Act (WpIG). It contains detailed provisions on service scope, fee structures, regulatory compliance, risk disclosures, and data protection under GDPR. This document is crucial for demonstrating compliance with German financial regulations and establishing clear obligations and expectations between the advisor and client.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant legal definitions


















































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Relevant Industries

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

Relevant Teams

Legal

Compliance

Risk Management

Investment Advisory

Client Relations

Operations

Finance

Executive Management

Investment Strategy

Portfolio Management

Wealth Management

Corporate Development

Relevant Roles

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

Industries








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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