Asset Management Agreement Template for Belgium

This Asset Management Agreement is designed for use in the Belgian market when establishing a professional investment management relationship between an asset manager and their clients. The document is essential for compliance with Belgian financial regulations and implemented EU directives, particularly MiFID II. It covers crucial aspects such as investment mandate definition, risk management, fee structures, and reporting obligations. The agreement is suitable for various client types, from individual investors to institutional clients, and can be customized based on specific investment objectives and regulatory requirements. It incorporates necessary provisions for regulatory compliance, including client categorization, best execution policies, and conflict of interest management, while adhering to Belgian Financial Services and Markets Authority (FSMA) guidelines.

1. Parties: Identification of the asset manager and the client, including regulatory status and contact details

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope of Services: Formal appointment of the asset manager and detailed description of services

5. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any restrictions

6. Client Categorization: Classification of the client under MiFID II regulations

7. Powers and Duties of the Asset Manager: Detailed responsibilities and authority of the asset manager

8. Client's Obligations: Client's responsibilities, including information provision and cooperation

9. Fees and Expenses: Compensation structure, calculation methods, and payment terms

10. Reporting and Valuations: Frequency and content of reports, valuation methods

11. Risk Disclosures: Mandatory risk warnings and acknowledgments

12. Conflicts of Interest: Procedures for identifying and managing conflicts

13. Liability and Indemnification: Extent of liability and circumstances for indemnification

14. Term and Termination: Duration, renewal, and termination provisions

15. Confidentiality: Protection of confidential information

16. Data Protection: GDPR compliance and data handling procedures

17. Anti-Money Laundering: AML compliance requirements and procedures

18. Notices: Communication methods and contact details

19. Governing Law and Jurisdiction: Belgian law application and dispute resolution

20. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.