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Fund Distribution Agreement Template for South Africa

A comprehensive agreement governing the distribution of investment funds in South Africa, establishing the relationship between fund providers and distributors. The document ensures compliance with South African financial regulations, particularly the Financial Advisory and Intermediary Services (FAIS) Act and Financial Intelligence Centre Act (FICA). It details distribution rights, regulatory obligations, compliance requirements, commission structures, and operational procedures while incorporating specific South African market practices and regulatory requirements.

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What is a Fund Distribution Agreement?

The Fund Distribution Agreement is essential for establishing and regulating the relationship between investment fund providers and their distribution partners in South Africa. This document is used when a fund manager or investment company wants to appoint intermediaries to distribute their investment products to end investors. The agreement must comply with South African regulatory requirements, particularly the FAIS Act, FICA, and Collective Investment Schemes Control Act. It covers crucial aspects including distribution rights, regulatory compliance, commission structures, marketing guidelines, and operational procedures. The document is particularly important in the South African context due to specific regulatory requirements for financial intermediaries and the need to ensure proper consumer protection in financial services.

What sections should be included in a Fund Distribution Agreement?

1. Parties: Identification of the fund provider/manager and the distributor, including their regulatory status and licenses

2. Background: Context of the agreement, including the nature of the funds and distribution arrangement

3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement, including regulatory and technical terms

4. Appointment and Scope: Terms of appointment of the distributor and scope of distribution rights

5. Regulatory Compliance: Obligations regarding FAIS Act, FICA, and other regulatory requirements

6. Distributor Obligations: Core responsibilities including marketing, client servicing, and reporting

7. Fund Provider Obligations: Support, information, and materials to be provided to the distributor

8. Fees and Commission: Commission structure, payment terms, and related financial arrangements

9. Compliance and Anti-Money Laundering: Specific AML/KYC requirements and compliance procedures

10. Marketing and Branding: Guidelines for marketing materials and use of intellectual property

11. Record Keeping: Requirements for maintaining records and documentation

12. Confidentiality and Data Protection: Provisions for handling confidential information and personal data under POPIA

13. Term and Termination: Duration of agreement and termination provisions

14. Post-Termination Obligations: Obligations and procedures following termination

15. General Provisions: Standard legal provisions including notices, amendments, and governing law

What sections are optional to include in a Fund Distribution Agreement?

1. White Labeling: Include when the distributor will market funds under their own brand

2. Online Distribution: Specific provisions for digital distribution channels and platforms

3. International Distribution: Required when distribution extends beyond South Africa

4. Sub-Distribution Rights: Include when distributor is permitted to appoint sub-distributors

5. Performance Standards: Specific KPIs and service levels for larger distribution arrangements

6. Training Requirements: Detailed training obligations for complex products or specific regulatory requirements

7. Insurance Requirements: Specific insurance obligations beyond standard requirements

What schedules should be included in a Fund Distribution Agreement?

1. Schedule 1 - Fund List: Detailed list of funds approved for distribution

2. Schedule 2 - Commission Structure: Detailed commission rates, calculations, and payment terms

3. Schedule 3 - Marketing Guidelines: Specific requirements for marketing materials and approval process

4. Schedule 4 - Operational Procedures: Detailed procedures for subscriptions, redemptions, and reporting

5. Schedule 5 - Technical Requirements: IT systems, interfaces, and technical specifications

6. Schedule 6 - Compliance Procedures: Detailed compliance and AML procedures

7. Appendix A - Required Documentation: List of required documents for client onboarding

8. Appendix B - Reporting Templates: Standard templates for required reports

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

South Africa

Publisher

Genie AI

Cost

Free to use

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