Money Management Contract for Australia

Money Management Contract Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the terms and conditions under which a licensed investment manager or money manager provides professional investment management services to clients. The document outlines the scope of services, investment guidelines, fee structures, reporting requirements, and risk management protocols while ensuring compliance with Australian financial services regulations, including the Corporations Act 2001 and ASIC requirements. It incorporates necessary provisions for client protection, privacy requirements, and anti-money laundering obligations specific to the Australian jurisdiction.

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What is a Money Management Contract?

The Money Management Contract serves as the foundational document for establishing a professional investment management relationship in Australia. It is essential for financial services providers who manage investments on behalf of clients, whether individuals, institutions, or corporations. The contract must comply with Australian financial services regulations, including ASIC requirements, the Corporations Act 2001, and AML/CTF obligations. This document is typically used when clients seek professional management of their investment portfolios and require a formal agreement that clearly defines the scope of services, investment guidelines, risk parameters, fee structures, and reporting requirements. It includes specific provisions for the Australian market and regulatory environment, ensuring appropriate client protections and service provider obligations are properly documented.

What sections should be included in a Money Management Contract?

1. Parties: Identification of the money manager and the client, including relevant licenses and registration numbers

2. Background: Context of the agreement, including the money manager's qualifications and the client's intention to engage their services

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

4. Appointment and Scope of Services: Formal appointment of the money manager and detailed description of services to be provided

5. Authority and Instructions: Extent of the money manager's authority to act on behalf of the client and process for giving/receiving instructions

6. Investment Strategy and Guidelines: Agreed investment approach, restrictions, and risk parameters

7. Fees and Expenses: Detailed fee structure, payment terms, and additional expenses

8. Reporting and Communication: Requirements for financial reporting, performance updates, and communication protocols

9. Compliance and Risk Management: Obligations regarding regulatory compliance, risk management procedures, and internal controls

10. Confidentiality and Privacy: Provisions for handling confidential information and personal data

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Liability and Indemnification: Extent of liability and indemnification provisions

13. General Provisions: Standard contract clauses including governing law, notices, and amendment procedures

What sections are optional to include in a Money Management Contract?

1. Custody Arrangements: Required when a third-party custodian is involved in holding client assets

2. Foreign Investment Provisions: Needed when international investments are part of the strategy

3. Delegation and Sub-Advisory: Include when the money manager may delegate certain functions to third parties

4. Environmental, Social and Governance (ESG) Guidelines: Required when specific ESG investment criteria are part of the mandate

5. Performance Fees: Include when performance-based compensation is part of the fee structure

6. Client Representatives: Needed when dealing with institutional clients or multiple authorized representatives

7. Force Majeure: Optional provisions for extraordinary circumstances affecting contract performance

What schedules should be included in a Money Management Contract?

1. Schedule 1 - Investment Guidelines: Detailed investment parameters, restrictions, and benchmarks

2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees, charges, and calculation methodologies

3. Schedule 3 - Authorized Persons: List of individuals authorized to give instructions on behalf of the client

4. Schedule 4 - Reporting Requirements: Specific reporting formats, frequencies, and content requirements

5. Appendix A - Risk Disclosure Statement: Detailed disclosure of investment risks and potential conflicts of interest

6. Appendix B - Privacy Policy: Detailed privacy and data protection policies

7. Appendix C - Compliance Procedures: Overview of compliance procedures and regulatory requirements

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 | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Wealth Management

Investment Management

Private Banking

Institutional Asset Management

Superannuation

Family Office Services

Corporate Treasury

Private Equity

Hedge Funds

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Client Services

Operations

Finance

Private Wealth

Portfolio Management

Fund Administration

Business Development

Executive Management

Relevant Roles

Investment Manager

Portfolio Manager

Chief Investment Officer

Compliance Officer

Legal Counsel

Risk Manager

Client Relationship Manager

Operations Manager

Fund Administrator

Investment Analyst

Wealth Manager

Financial Adviser

Managing Director

Chief Executive Officer

Chief Financial Officer

Investment Director

Head of Private Wealth

Senior Portfolio Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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