The Asset Management Agreement serves as the primary contractual framework for investment management services in Malaysia, establishing the relationship between professional asset managers and their clients. It is essential for any arrangement where an asset manager takes responsibility for managing client investments on a discretionary or non-discretionary basis. The agreement must comply with Malaysian regulatory requirements, particularly the Capital Markets and Services Act 2007 and Securities Commission Malaysia guidelines. It typically includes detailed provisions for investment mandates, risk management, performance measurement, fee structures, and reporting obligations. This document is crucial for both conventional and Islamic asset management services in Malaysia, requiring careful attention to local regulatory nuances and market practices.
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1. Parties: Identification of the asset manager and the client, including registration details and regulatory status
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Definitions of key terms used throughout the agreement
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. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any restrictions
7. Fees and Expenses: Fee structure, calculation methods, and payment terms
8. Representations and Warranties: Standard representations and warranties from both parties
9. Risk Disclosures: Mandatory risk warnings and disclosures as per Malaysian regulations
10. Reporting and Valuations: Reporting obligations, frequency, and valuation methodology
11. Compliance and Anti-Money Laundering: Compliance obligations and AML requirements
12. Confidentiality: Confidentiality obligations and permitted disclosures
13. Term and Termination: Duration of agreement and termination provisions
14. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction details
1. Digital Services: Required when digital platforms or robo-advisory services are provided
2. Foreign Investment Provisions: Required when portfolio includes foreign investments
3. Shariah Compliance: Required for Shariah-compliant investment management services
4. Delegation and Sub-Advisory: Required when services may be delegated to third parties
5. Performance Fee Structure: Optional section for performance-based fee arrangements
6. Custody Services: Required when the asset manager also provides custody services
7. Corporate Actions: Required for portfolios including equities requiring voting rights management
8. Research Services: Required when research services are provided as part of the agreement
1. Schedule 1 - Investment Guidelines: Detailed investment guidelines, restrictions, and permitted investments
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and calculation methodologies
3. Schedule 3 - Authorized Persons: List of authorized persons who can give instructions on behalf of the client
4. Schedule 4 - Reporting Templates: Templates for periodic reports and performance statements
5. Schedule 5 - Risk Management Procedures: Detailed risk management and monitoring procedures
6. Appendix A - Account Opening Forms: Required account opening documentation and KYC forms
7. Appendix B - Compliance Procedures: Detailed compliance procedures and requirements
8. Appendix C - Service Level Agreement: Specific service levels and performance standards
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Wealth Management
Insurance
Pension Funds
Private Equity
Real Estate Investment
Islamic Finance
Fund Management
Corporate Treasury
Family Office Services
Relevant Teams
Legal
Compliance
Investment Management
Risk Management
Client Services
Operations
Finance
Treasury
Portfolio Management
Investment Analysis
Wealth Management
Client Onboarding
Investment Operations
Regulatory Reporting
Relevant Roles
Chief Investment Officer
Portfolio Manager
Compliance Officer
Legal Counsel
Risk Manager
Investment Analyst
Relationship Manager
Fund Manager
Operations Manager
Chief Financial Officer
Investment Director
Wealth Manager
Asset Management Executive
Investment Compliance Manager
Client Services Manager
Treasury Manager
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