Financial Management Agreement Template for the United Arab Emirates
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What is a Financial Management Agreement?
The Financial Management Agreement serves as the primary contractual framework for financial management services in the UAE, establishing the relationship between licensed financial managers and their clients. This document is essential when engaging professional financial management services, whether for individual wealth management, corporate treasury services, or institutional asset management. It must comply with UAE Federal Law No. 14 of 2018 (UAE Central Bank Law), SCA regulations, and other relevant federal legislation. The agreement covers crucial aspects including service scope, investment mandates, fee structures, reporting requirements, and risk management protocols, while incorporating necessary provisions for UAE regulatory compliance, including anti-money laundering requirements and consumer protection measures.
About the Financial Management Agreement
A Financial Management Agreement is a legally binding contract that governs the relationship between a financial management company and its clients in the United Arab Emirates. This document establishes the terms under which licensed financial managers provide professional investment management, wealth advisory, and financial planning services while ensuring compliance with UAE regulatory requirements.
When do you need this document?
You need a Financial Management Agreement when engaging professional financial management services in the UAE. This includes situations where you're appointing a licensed financial manager to handle your investment portfolio, when establishing wealth management services for high-net-worth individuals, or when corporations require professional treasury management. The document is also essential for institutional clients seeking asset management services, joint account holders requiring coordinated financial management, and when appointing sub-advisors or investment committee members. Additionally, you'll need this agreement when establishing relationships with custodian banks or when authorized representatives require formal appointment for financial decision-making.
Key legal considerations
The agreement must clearly define the scope of services and investment mandates to avoid disputes over authority limits. Fee structures require transparent disclosure, including management fees, performance fees, and any third-party costs that may be charged to clients. Risk management protocols are crucial, particularly regarding investment risk tolerance, liquidity requirements, and portfolio diversification strategies. The agreement should establish clear reporting obligations, including frequency of performance reports, portfolio statements, and communication procedures. Termination clauses must specify notice periods, asset transfer procedures, and final accounting requirements. Confidentiality provisions are essential to protect sensitive financial information, while liability limitations should be clearly defined within UAE legal boundaries.
Legal requirements in United Arab Emirates
Under UAE Federal Law No. 14 of 2018, financial management companies must hold valid licenses from the UAE Central Bank or relevant free zone authorities. The agreement must incorporate anti-money laundering compliance measures as required by UAE Federal Law No. 20 of 2018, including customer due diligence procedures and suspicious transaction reporting obligations. SCA Decision No. 13/R.M of 2021 mandates specific regulatory disclosures and client protection measures for securities and investment management activities. The document must comply with UAE Federal Law No. 19 of 2016 regarding commercial company structures and business conduct. Additionally, agreements must include provisions for regulatory reporting, audit requirements, and compliance with UAE consumer protection regulations. Free zone operations may be subject to additional requirements under UAE Federal Law No. 8 of 2004, particularly regarding cross-border investment activities and regulatory jurisdiction.
GOVERNING LAW
Applicable law
This Financial Management Agreement is drafted to comply with United Arab Emirates law. Key legislation includes:
UAE Federal Law No. 20 of 2018: Anti-Money Laundering Law which requires financial institutions to implement specific AML/CFT measures and due diligence procedures
UAE Federal Law No. 8 of 2004: Financial Free Zones Law that establishes the framework for financial free zones and their regulatory authority
SCA Decision No. (13/R.M) of 2021: Securities and Commodities Authority (SCA) regulations concerning financial management and investment management activities
UAE Federal Law No. 19 of 2016: Commercial Companies Law which governs business structures and commercial activities in the UAE
UAE Federal Law No. 1 of 2006: Electronic Transactions and Commerce Law, relevant for digital financial services and electronic contracts
UAE Federal Law No. 24 of 2006: Consumer Protection Law that ensures fair treatment and transparency in financial services
DIFC Law No. 1 of 2004: Regulatory Law specific to the Dubai International Financial Centre, important if operating within or with DIFC entities
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