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Investment Advisory Agreement for India

Investment Advisory Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes a professional relationship between an investment adviser and their client. The agreement is structured in compliance with SEBI (Investment Advisers) Regulations, 2013, and outlines the scope of investment advisory services, fee structure, and mutual obligations. It includes crucial elements such as risk disclosures, conflict of interest provisions, and confidentiality clauses while adhering to Indian securities market regulations and financial services laws. The document serves as a legally binding framework for providing investment advice and related services within the Indian regulatory environment.

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What is a Investment Advisory Agreement?

The Investment Advisory Agreement is essential for investment advisers operating in India who provide professional investment advice to clients. This document is mandated by SEBI regulations and must comply with the SEBI (Investment Advisers) Regulations, 2013, along with other applicable Indian financial laws. It is used when establishing a formal advisory relationship with clients, whether individuals, corporations, or institutions. The agreement typically includes comprehensive details about services offered, fee structures, risk disclosures, and compliance requirements. It serves as a critical tool for protecting both adviser and client interests while ensuring regulatory compliance in the Indian market. The document should be customized based on the specific scope of services, client type, and investment strategies while maintaining alignment with SEBI guidelines and Indian contract law.

What sections should be included in a Investment Advisory Agreement?

1. Parties: Identification of the investment adviser and the client, including registration details and contact information

2. Background: Context of the agreement, including adviser's SEBI registration status and client's investment advisory needs

3. Definitions: Key terms used throughout the agreement, including technical and regulatory terminology

4. Scope of Services: Detailed description of investment advisory services to be provided, including any limitations

5. Adviser's Obligations: Duties and responsibilities of the investment adviser, including fiduciary obligations and SEBI compliance requirements

6. Client's Obligations: Responsibilities of the client, including information provision and disclosure requirements

7. Fees and Payment Terms: Advisory fees structure, payment schedule, and related terms

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

9. Confidentiality: Provisions for handling confidential information and maintaining privacy

10. Conflict of Interest: Disclosure and management of potential conflicts of interest

11. Term and Termination: Duration of agreement and conditions for termination

12. Risk Disclosure: Mandatory risk warnings and disclaimers as per SEBI requirements

13. Indemnification: Terms for mutual indemnification and limitation of liability

14. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

15. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability

What sections are optional to include in a Investment Advisory Agreement?

1. Direct Stock Recommendations: Include when the service includes specific stock recommendations

2. Portfolio Management Services: Include when offering portfolio review and rebalancing services

3. Digital Services: Include when providing online platforms or digital tools for investment advisory

4. Research Reports: Include when providing research reports and analysis

5. International Investments: Include when advising on international investment opportunities

6. Training and Education: Include when offering investment education services

7. Third-Party Services: Include when incorporating services from third-party providers

8. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

What schedules should be included in a Investment Advisory Agreement?

1. Schedule A - Fee Structure: Detailed breakdown of all fees, charges, and payment terms

2. Schedule B - Investment Strategy: Detailed investment approach and methodology

3. Schedule C - Risk Profile Assessment: Client risk assessment questionnaire and results

4. Schedule D - Services Description: Comprehensive list and description of all services offered

5. Schedule E - Compliance Documentation: SEBI-required disclosures and compliance documents

6. Appendix 1 - KYC Documents: List of required KYC documents and procedures

7. Appendix 2 - Communication Protocol: Methods and frequency of communication between parties

8. Appendix 3 - Regulatory Disclosures: Mandatory regulatory disclosures and disclaimers

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Advisory Agreement

Cost

Free to use

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