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Mutual Fund Agreement
"I need a Mutual Fund Agreement for an Australian ESG-focused equity fund launching in March 2025, with specific provisions for international investors and quarterly distribution periods."
1. Parties: Identification of all parties including the fund manager, trustee, custodian, and any other key parties
2. Background: Context of the agreement, purpose of the fund, and regulatory framework
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Fund Structure and Operation: Details of the fund's legal structure, operational framework, and governance
5. Investment Objectives and Strategy: Clear statement of investment goals, strategies, and permitted investments
6. Investment Restrictions: Specific limitations on investments, including regulatory restrictions and risk management parameters
7. Units and Unit Pricing: Details about unit structure, pricing methodology, and valuation principles
8. Applications and Redemptions: Procedures for investing in and withdrawing from the fund
9. Fees and Expenses: Comprehensive fee structure including management fees, performance fees, and operational costs
10. Distributions: Policy and procedures for income and capital distributions
11. Reporting and Communications: Requirements for financial reporting, unitholder communications, and regulatory disclosures
12. Risk Disclosures: Detailed disclosure of all material risks associated with the investment
13. Compliance and Governance: Compliance obligations, governance structure, and regulatory requirements
14. Termination and Winding Up: Circumstances and procedures for termination of the fund or agreement
15. General Provisions: Standard legal provisions including governing law, notices, and amendments
1. Foreign Investment Provisions: Required when the fund accepts foreign investors or invests in foreign markets
2. Tax Provisions: Detailed tax considerations when the fund has specific tax structures or requirements
3. Multi-Class Structure: Required when the fund offers different unit classes with varying rights and features
4. Securities Lending: Include when the fund engages in securities lending activities
5. Derivative Trading: Required when the fund uses derivatives for investment or hedging
6. Environmental, Social and Governance (ESG): Include when the fund has specific ESG investment criteria or reporting requirements
7. Side Letter Provisions: Required when certain investors receive special terms or arrangements
1. Schedule 1 - Investment Guidelines: Detailed investment parameters, restrictions, and allocation limits
2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees, charges, and expenses
3. Schedule 3 - Valuation Policy: Detailed methodology for valuing different types of assets
4. Schedule 4 - Application Form: Standard form for new investors including KYC requirements
5. Schedule 5 - Redemption Procedures: Detailed procedures and forms for processing redemptions
6. Schedule 6 - Distribution Policy: Detailed rules and procedures for income and capital distributions
7. Appendix A - Risk Factors: Comprehensive list and explanation of all relevant risk factors
8. Appendix B - Compliance Procedures: Detailed compliance requirements and monitoring procedures
9. Appendix C - Service Providers: List and details of all appointed service providers including custodian, administrator, and auditor
Authors
Administrator
AFSL
Applicable Law
Application
Application Form
Application Price
ASIC
Associate
ASX
Auditor
Australian Dollars
Authorised Investments
Business Day
Calculation Date
Capital Gain
Commencement Date
Compliance Committee
Compliance Plan
Constitution
Corporations Act
Custodian
Dealing Day
Derivative
Distribution Period
Duties Act
Extraordinary Resolution
Financial Year
Fund
Fund Assets
Fund Liabilities
GST
Income
Investment Guidelines
Investment Manager
Investment Objective
Investment Strategy
Issue Price
Liquid Scheme
Management Fee
Net Asset Value
Offer Document
Ordinary Resolution
PDS
Performance Fee
Redemption Price
Register
Registrar
Related Body Corporate
Related Party
Relevant Interest
Resolution
Scheme Property
Security
Subscription
Tax
Tax Act
Transaction Costs
Trust
Trust Deed
Trustee
Unit
Unit Holder
Valuation Date
Valuation Point
Wholesale Client
Withdrawal Notice
Withdrawal Price
Fund Establishment
Investment Powers
Investment Restrictions
Risk Management
Unit Issue
Unit Pricing
Applications and Subscriptions
Redemptions and Withdrawals
Transfer of Units
Valuation
Fees and Expenses
Distribution
Reporting
Compliance
Audit Requirements
Confidentiality
Privacy
Anti-Money Laundering
Tax Provisions
Representations and Warranties
Indemnification
Liability Limitations
Force Majeure
Conflicts of Interest
Related Party Transactions
Amendment Provisions
Termination
Dispute Resolution
Notices
Assignment
Governing Law
Trust Powers
Custodian Obligations
Unit Holder Rights
Meeting Procedures
Record Keeping
Service Provider Appointments
Financial Services
Investment Management
Banking
Wealth Management
Superannuation
Professional Services
Asset Management
Fund Administration
Financial Technology
Advisory Services
Legal
Compliance
Investment Management
Risk Management
Operations
Product Development
Client Services
Finance
Administration
Distribution
Governance
Portfolio Management
Fund Manager
Compliance Officer
Legal Counsel
Investment Manager
Risk Manager
Portfolio Manager
Chief Investment Officer
Chief Financial Officer
Operations Manager
Product Manager
Relationship Manager
Trustee Director
Compliance Manager
Investment Analyst
Fund Administrator
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