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Asset Management Proposal Template for United States

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Key Requirements PROMPT example:

Asset Management Proposal

"I need an Asset Management Proposal for a large pension fund client with specific ESG requirements, focusing on sustainable investments in renewable energy, with an expected portfolio value of $500 million to be managed starting March 2025."

Document background
The Asset Management Proposal serves as a foundational document in the U.S. investment management industry, establishing the framework for professional asset management relationships. It is typically used when an investment firm seeks to formalize its service offering to potential clients, whether institutional or individual investors. The proposal must comply with SEC regulations, state securities laws, and federal statutes, including the Investment Advisers Act of 1940 and the Dodd-Frank Act. It includes detailed information about investment strategies, risk management, fee structures, performance reporting, and regulatory disclosures.
Suggested Sections

1. Parties: Identification of the asset manager and the client, including legal names and addresses

2. Background: Context of the proposal, including client's investment objectives and current situation

3. Definitions: Key terms used throughout the proposal

4. Investment Philosophy and Strategy: Detailed explanation of the proposed investment approach and methodologies

5. Scope of Services: Specific services to be provided under the asset management agreement

6. Fee Structure: Detailed breakdown of all fees, including management fees, performance fees, and other charges

7. Risk Disclosures: Mandatory disclosures of investment risks and limitations

Optional Sections

1. Track Record: Historical performance data and relevant investment history

2. Team Biographies: Professional backgrounds and qualifications of key team members

3. ESG Integration: Environmental, Social, and Governance investment approach and implementation

4. Technology and Systems: Description of technological infrastructure and operational capabilities

Suggested Schedules

1. Investment Guidelines: Detailed investment parameters and restrictions

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

3. Performance Reports: Sample performance reporting format and frequency

4. Regulatory Disclosures: Required regulatory statements and disclaimers

5. Service Level Agreement: Specific service standards and commitments

6. Risk Management Procedures: Detailed risk management protocols and procedures

Authors

Alex Denne

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

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Industries

Investment Advisers Act of 1940: Primary federal law regulating investment advisers and their activities, requiring registration with SEC and establishing fiduciary duties

Investment Company Act of 1940: Regulates the organization and operation of investment companies, including mutual funds and other investment vehicles

Securities Act of 1933: Governs the initial offering of securities and requires full disclosure of material information to investors

Securities Exchange Act of 1934: Regulates secondary market trading and establishes the SEC's authority over the securities industry

Dodd-Frank Act: Comprehensive financial reform legislation affecting asset management, including reporting requirements and systemic risk considerations

ERISA: Employee Retirement Income Security Act governing management of pension funds and establishing strict fiduciary responsibilities

SEC Regulations: Regulatory framework established by the Securities and Exchange Commission for investment advisers and asset managers

FINRA Rules: Self-regulatory organization rules governing broker-dealers and investment firms

Blue Sky Laws: State-specific securities regulations that may apply to asset management activities within particular states

AML Regulations: Anti-Money Laundering requirements for monitoring and reporting suspicious financial activities

KYC Requirements: Know Your Customer protocols for verifying client identity and assessing risk profiles

FATCA: Foreign Account Tax Compliance Act requiring reporting of foreign financial accounts held by US persons

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering

State Fiduciary Laws: State-specific regulations governing fiduciary duties and responsibilities of asset managers

DOL Fiduciary Rule: Department of Labor regulations regarding fiduciary duties for retirement account advisers

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data

State Privacy Laws: State-specific regulations governing the protection and handling of client personal information

Risk Disclosure Requirements: Mandatory disclosure of material risks, performance reporting, and fee structures to clients

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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