The Account Management Agreement serves as the foundation for professional account management services in Australia, establishing the terms under which a financial services provider manages accounts and assets on behalf of clients. This document is essential when establishing new account management relationships or updating existing arrangements to ensure compliance with current Australian regulations. It encompasses comprehensive details about service scope, fee structures, operational procedures, and risk management, while adhering to requirements set forth by ASIC, the Corporations Act 2001, and other relevant Australian legislation. The agreement is particularly important for financial institutions, wealth managers, and investment firms providing ongoing account management services to various types of clients, from individuals to large corporations. It includes specific provisions for Australian market practices and regulatory requirements, making it distinct from international equivalents.
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1. Parties: Identification of the account manager and the client, including ABN/ACN and registered addresses
2. Background: Context of the agreement, including the account manager's qualifications and authority to provide services
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope of Services: Formal appointment of the account manager and detailed description of services to be provided
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Fees and Payments: Fee structure, payment terms, and billing procedures
7. Obligations of the Account Manager: Duties, responsibilities, and service standards of the account manager
8. Client Obligations: Client's responsibilities, including providing information and maintaining minimum balances
9. Authority and Instructions: Process for giving and accepting instructions, delegation of authority
10. Compliance and Reporting: Regulatory compliance obligations and reporting requirements
11. Privacy and Confidentiality: Handling of personal information and confidential data
12. Risk Disclosures: Disclosure of risks associated with financial services and investments
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. General Provisions: Standard contract clauses including governing law, notices, and amendments
1. Online Access and Security: Terms for digital platform access and security measures, included when online services are provided
2. Third-Party Services: Terms governing the use of external service providers, included when third-party services are part of the offering
3. International Transactions: Provisions for handling international transfers and foreign currency, included for clients requiring international services
4. Corporate Actions: Handling of corporate actions and voting rights, included for accounts holding corporate securities
5. Joint Accounts: Special provisions for jointly held accounts, included when offering joint account services
6. Trust Accounts: Additional terms for trust arrangements, included when the client is a trust or requires trust services
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
2. Schedule 2 - Service Level Agreement: Specific performance metrics and service standards
3. Schedule 3 - Authorized Representatives: List of client's authorized representatives and their authorities
4. Schedule 4 - Investment Guidelines: Specific investment parameters and restrictions if applicable
5. Appendix A - Account Opening Forms: Required forms and documentation for account setup
6. Appendix B - Privacy Policy: Detailed privacy policy and data handling procedures
7. Appendix C - Complaint Handling Procedure: Process for handling disputes and complaints
Relevant legal definitions
Account
Account Management Services
AFSL
Applicable Laws
Assets
Authorized Person
Business Day
Client
Confidential Information
Corporations Act
Custodian
Electronic Instructions
Fees
Financial Products
Financial Services
Force Majeure Event
GST
Investment Guidelines
Investment Objectives
Loss
Manager
Material Adverse Effect
Personal Information
Portfolio
Privacy Laws
Professional Fees
Records
Related Body Corporate
Relevant Exchange
Reporting Period
Representatives
Securities
Services
Statement of Advice
Sub-Manager
Term
Transaction
Trust Account
Wholesale Client
Account Management Services
AFSL
Applicable Laws
Assets
Authorized Person
Business Day
Client
Confidential Information
Corporations Act
Custodian
Electronic Instructions
Fees
Financial Products
Financial Services
Force Majeure Event
GST
Investment Guidelines
Investment Objectives
Loss
Manager
Material Adverse Effect
Personal Information
Portfolio
Privacy Laws
Professional Fees
Records
Related Body Corporate
Relevant Exchange
Reporting Period
Representatives
Securities
Services
Statement of Advice
Sub-Manager
Term
Transaction
Trust Account
Wholesale Client
Clauses
Appointment
Authority
Scope of Services
Investment Powers
Client Instructions
Fees and Expenses
Payment Terms
Reporting
Record Keeping
Compliance
Risk Disclosure
Confidentiality
Privacy
Data Protection
Representations and Warranties
Client Acknowledgments
Conflicts of Interest
Liability
Indemnification
Force Majeure
Term
Termination
Client Obligations
Account Manager Obligations
Sub-Delegation
Custody
Corporate Actions
Anti-Money Laundering
Dispute Resolution
Governing Law
Assignment
Amendment
Notices
Severability
Entire Agreement
Electronic Communications
Third Party Rights
Professional Standards
Service Levels
Account Access
Security Measures
Authority
Scope of Services
Investment Powers
Client Instructions
Fees and Expenses
Payment Terms
Reporting
Record Keeping
Compliance
Risk Disclosure
Confidentiality
Privacy
Data Protection
Representations and Warranties
Client Acknowledgments
Conflicts of Interest
Liability
Indemnification
Force Majeure
Term
Termination
Client Obligations
Account Manager Obligations
Sub-Delegation
Custody
Corporate Actions
Anti-Money Laundering
Dispute Resolution
Governing Law
Assignment
Amendment
Notices
Severability
Entire Agreement
Electronic Communications
Third Party Rights
Professional Standards
Service Levels
Account Access
Security Measures
Relevant Industries
Financial Services
Banking
Wealth Management
Investment Management
Corporate Services
Professional Services
Superannuation
Family Office
Private Banking
Asset Management
Relevant Teams
Legal
Compliance
Account Management
Client Services
Operations
Risk Management
Investment Management
Product Development
Business Development
Wealth Management
Relevant Roles
Account Manager
Relationship Manager
Compliance Officer
Legal Counsel
Risk Manager
Investment Advisor
Portfolio Manager
Client Services Manager
Operations Manager
Financial Advisor
Wealth Manager
Trust Officer
Product Manager
Business Development Manager
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