The Asset Management Agreement is a critical legal document used in the Australian financial services sector to formalize the relationship between professional asset managers and their clients. It is essential when engaging an asset manager to provide discretionary or non-discretionary investment management services for various types of assets, including securities, real estate, or other investment vehicles. The agreement must comply with Australian regulatory requirements, particularly the Corporations Act 2001 and ASIC guidelines, and is typically used by financial institutions, investment firms, and professional asset managers when providing services to institutional clients, high-net-worth individuals, or retail clients. The document encompasses crucial elements such as investment strategy, risk management, performance measurement, fee structures, and reporting obligations, while ensuring appropriate client protections and regulatory compliance mechanisms are in place.
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1. Parties: Identification of the asset manager and the client, including ABN/ACN details
2. Background: Context of the agreement, including client's objectives and asset manager's qualifications
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Appointment and Authority: Formal appointment of the asset manager and scope of authority
5. Services: Detailed description of asset management services to be provided
6. Duties and Responsibilities: Specific obligations of the asset manager
7. Investment Guidelines: Parameters and restrictions for investment decisions
8. Fees and Expenses: Fee structure, calculation methods, and payment terms
9. Reporting and Valuations: Requirements for periodic reporting and asset valuation
10. Compliance and Risk Management: Regulatory compliance obligations and risk management procedures
11. Representations and Warranties: Standard representations by both parties
12. Liability and Indemnification: Extent of liability and indemnification provisions
13. Confidentiality: Protection of confidential information
14. Term and Termination: Duration of agreement and termination provisions
15. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Retail Client Provisions: Additional provisions required when dealing with retail clients under Corporations Act
2. Custody Arrangements: Required if the asset manager provides custody services
3. Foreign Investment Provisions: Required for portfolios including international investments
4. Delegation and Sub-contracting: Required if services may be delegated to third parties
5. ESG Investment Criteria: Required for mandates including environmental, social, and governance considerations
6. Performance Fees: Optional incentive fee structures based on performance
7. Key Person Provisions: Required when specific individuals are crucial to service delivery
8. Force Majeure: Optional provisions for unforeseen circumstances affecting performance
1. Schedule 1 - Investment Mandate: Detailed investment objectives, strategy, and restrictions
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and calculation methodologies
3. Schedule 3 - Authorized Persons: List of authorized representatives for both parties
4. Schedule 4 - Reporting Requirements: Specific reporting formats, frequencies, and content requirements
5. Schedule 5 - Service Level Agreement: Detailed performance metrics and service standards
6. Appendix A - Risk Disclosure Statement: Required risk warnings and disclosures
7. Appendix B - Compliance Procedures: Detailed compliance protocols and procedures
8. Appendix C - Valuation Principles: Methodology for valuing different types of assets
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