������Ƶ

The Financial Management Agreement is a critical document used when establishing a professional relationship between a financial manager and a client in the Philippines. It serves as the primary contract governing investment management services, outlining the manager's authority to make investment decisions on behalf of the client while ensuring compliance with Philippine regulatory requirements, including BSP Circular No. 1112 (2021) and the Securities Regulation Code. The agreement is essential for both institutional and individual clients seeking professional financial management services, incorporating mandatory risk disclosures, consumer protection provisions, and detailed service specifications. It includes comprehensive provisions for investment guidelines, performance reporting, fee structures, and fiduciary responsibilities, all aligned with Philippine legal and regulatory frameworks.

1. Parties: Identification of the Financial Manager and the Client, including complete legal names, addresses, and registration details

2. Background: Context of the agreement, including the Financial Manager's qualifications and the Client's objectives

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope of Services: Formal appointment of the Financial Manager and detailed description of services to be provided

5. Authority and Discretion: Extent of Financial Manager's authority to make investment decisions and manage assets

6. Investment Guidelines and Restrictions: Agreed-upon investment parameters, restrictions, and risk management policies

7. Fees and Expenses: Detailed fee structure, calculation methods, and payment terms

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

9. Duties and Obligations: Specific responsibilities of both the Financial Manager and Client

10. Reporting and Communication: Requirements for performance reporting, client communications, and documentation

11. Confidentiality: Provisions for protecting confidential information and compliance with data privacy laws

12. Risk Disclosures: Mandatory risk warnings and acknowledgments as required by Philippine regulations

13. Term and Termination: Duration of the agreement and conditions for termination

14. Indemnification: Mutual indemnification provisions and liability limitations

15. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

16. General Provisions: Standard clauses including notices, amendments, and severability