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Assignment Of Investment Advisory Contract for Indonesia

Assignment Of Investment Advisory Contract Template for Indonesia

This document facilitates the transfer of investment advisory services from one licensed advisor to another in Indonesia, ensuring compliance with OJK regulations and maintaining client interests. It outlines the terms and conditions of the assignment, including the transfer of rights, obligations, and responsibilities under the original investment advisory agreement. The document addresses regulatory requirements, client consent procedures, and transition arrangements while ensuring adherence to Indonesian financial services laws and regulations.

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What is a Assignment Of Investment Advisory Contract?

The Assignment Of Investment Advisory Contract is utilized when an investment advisor needs to transfer their advisory responsibilities to another qualified advisor in Indonesia. This situation commonly arises during business restructuring, merger and acquisition activities, or when an advisor exits the market. The document ensures a smooth transition of services while maintaining regulatory compliance with OJK requirements and protecting client interests. It includes comprehensive details about the assignment terms, regulatory obligations, client consent requirements, and transition arrangements. The agreement must comply with Indonesian investment laws, particularly Law No. 25 of 2007 on Investment and relevant OJK regulations governing investment advisory services.

What sections should be included in a Assignment Of Investment Advisory Contract?

1. Parties: Identifies the original investment advisor (Assignor), the new investment advisor (Assignee), and the client

2. Background: Sets out the context of the original investment advisory agreement and the intention to assign it

3. Definitions: Defines key terms used throughout the agreement

4. Assignment and Assumption: Details the transfer of rights and obligations from Assignor to Assignee

5. Effective Date: Specifies when the assignment takes effect

6. Assignor's Representations and Warranties: Confirmations regarding the original contract's validity and assignability

7. Assignee's Representations and Warranties: Confirmations regarding licensing, capacity, and ability to perform services

8. Client Acknowledgment and Consent: Client's formal agreement to the assignment

9. Regulatory Compliance: Confirmation of compliance with OJK regulations and other applicable laws

10. Fees and Payment Terms: Clarification of fee arrangements post-assignment

11. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and relevant jurisdiction

12. Execution: Signature blocks and execution requirements

What sections are optional to include in a Assignment Of Investment Advisory Contract?

1. Transition Period: Include when there needs to be a handover period between advisors

2. Outstanding Obligations: Include when there are pending matters or fees to be addressed

3. Non-Competition: Include when restricting the Assignor's future activities

4. Client Communications: Include when specific client communication protocols need to be established

5. Indemnification: Include when specific indemnity arrangements are needed between parties

6. Data Protection: Include when handling of client data requires specific provisions

7. Force Majeure: Include when specific circumstances affecting transition need to be addressed

What schedules should be included in a Assignment Of Investment Advisory Contract?

1. Schedule A - Original Investment Advisory Agreement: Copy of the original agreement being assigned

2. Schedule B - Assignee's Licenses and Qualifications: Copies of regulatory licenses and qualifications of the new advisor

3. Schedule C - Fee Structure: Detailed breakdown of ongoing fee arrangements

4. Schedule D - Client Portfolio Details: Summary of client investments and advisory scope

5. Schedule E - Transition Plan: Detailed plan for handover of responsibilities

6. Appendix 1 - Required Regulatory Notices: Copies of notices filed with OJK and other regulatory bodies

7. Appendix 2 - Client Consent Forms: Standard forms for obtaining client consent to assignment

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions

































Clauses

























Relevant Industries

Financial Services

Investment Management

Asset Management

Wealth Management

Banking

Private Equity

Venture Capital

Corporate Advisory

Fund Management

Securities Trading

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Client Services

Operations

Regulatory Affairs

Executive Management

Due Diligence

Portfolio Management

Document Management

Relevant Roles

Investment Advisor

Compliance Officer

Legal Counsel

Portfolio Manager

Risk Manager

Investment Director

Chief Investment Officer

Regulatory Affairs Manager

Client Relationship Manager

Operations Manager

Due Diligence Officer

Managing Director

Chief Executive Officer

Chief Operating Officer

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

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