The Mutual Fund Agreement serves as the foundational document for establishing and operating a mutual fund under Irish law. It is utilized when setting up new investment funds or updating existing fund structures to comply with current regulatory requirements. The agreement comprehensively addresses the fund's legal structure, governance framework, investment policies, operational procedures, and regulatory obligations under Irish financial services law and applicable EU directives. This document is essential for funds seeking authorization from the Central Bank of Ireland and must incorporate various regulatory requirements including those from UCITS/AIFMD regulations, AML legislation, and consumer protection codes. The agreement also establishes the relationships between the fund and its service providers, outlines investor rights and obligations, and includes detailed provisions for fund operations, risk management, and compliance procedures.
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1. Parties: Identifies the fund company, management company, trustees/depositaries, and other key parties to the agreement
2. Background: Explains the purpose of the agreement and the fund's establishment
3. Definitions: Defines key terms used throughout the agreement
4. Fund Structure and Governance: Details the legal structure, governance framework, and roles of various parties
5. Investment Objectives and Policy: Specifies the fund's investment goals, strategies, and restrictions
6. Subscription and Redemption Procedures: Details the processes for investing in and withdrawing from the fund
7. Valuation and Pricing: Explains how fund units are valued and priced
8. Fees and Expenses: Outlines all fees, charges, and expenses applicable to the fund
9. Risk Factors: Comprehensive disclosure of investment and operational risks
10. Reporting and Communications: Details regarding financial reports, notices, and other communications
11. Compliance and Regulatory Matters: Addresses regulatory requirements and compliance obligations
12. Term and Termination: Duration of the agreement and circumstances for termination
13. General Provisions: Standard legal provisions including governing law, amendments, and notices
1. Distribution Policy: Required for funds that make regular distributions to investors
2. Multi-Currency Provisions: Required for funds offering multiple currency share classes
3. Performance Fee Calculations: Include when the fund charges performance-based fees
4. Sustainable Finance Disclosures: Required for funds marketing ESG features under SFDR
5. Securities Lending: Include if the fund engages in securities lending activities
6. Side Letter Provisions: Required when certain investors receive preferential terms
7. Master-Feeder Structures: Include for funds operating in a master-feeder arrangement
1. Investment Restrictions: Detailed investment restrictions and limits
2. Subscription Form: Standard form for investor subscriptions
3. Fee Schedule: Detailed breakdown of all applicable fees
4. Valuation Rules: Detailed methodology for asset valuation
5. Anti-Money Laundering Requirements: AML documentation and verification requirements
6. Service Providers: List of appointed service providers and their duties
7. Share Class Details: Specifications for different share classes
8. Dealing Calendar: Trading days and cut-off times for subscriptions/redemptions
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