Investment Management Contract Template for Belgium

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Key Requirements PROMPT example:

Investment Management Contract

"I need an Investment Management Contract under Belgian law for a retail client relationship starting March 2025, with specific focus on ESG-compliant investments in European markets and quarterly reporting requirements."

Document background
The Investment Management Contract serves as the primary legal framework for investment management relationships in Belgium, establishing the terms under which a professional investment manager provides investment services to clients. This document is essential for compliance with Belgian financial regulations and EU directives, particularly the Belgian implementation of MiFID II and AIFMD. It is used when establishing new investment management relationships or updating existing arrangements to reflect current regulatory requirements. The contract covers crucial aspects including investment strategy, risk management, fee structures, reporting obligations, and regulatory compliance requirements. It is designed to protect both the investment manager and the client while ensuring transparency and adherence to Belgian financial services laws and FSMA guidelines. The document is particularly important for regulated investment activities in Belgium and must incorporate specific local law requirements while maintaining alignment with broader EU financial services regulations.
Suggested Sections

1. Parties: Identification of the investment manager and the client, including their legal status and contact details

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Authority: Formal appointment of the investment manager and scope of delegated authority

5. Investment Objectives and Strategy: Detailed description of agreed investment objectives, strategy, and any restrictions

6. Services: Comprehensive description of investment management services to be provided

7. Manager's Obligations: Detailed responsibilities and duties of the investment manager

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

9. Fees and Expenses: Structure and calculation of management fees, expenses, and payment terms

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

11. Risk Disclosures: Mandatory risk warnings and disclosures as per Belgian regulations

12. Conflicts of Interest: Disclosure and management of potential conflicts of interest

13. Representations and Warranties: Standard and specific representations by both parties

14. Liability and Indemnification: Extent of manager's liability and mutual indemnification provisions

15. Term and Termination: Duration of agreement and termination procedures

16. Confidentiality: Protection and handling of confidential information

17. Data Protection: GDPR compliance and data handling procedures

18. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction

19. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignment

Optional Sections

1. Custodian Arrangements: Required when a third-party custodian is appointed to hold client assets

2. Performance Fee Structure: Include when performance-based fees are part of the compensation arrangement

3. Delegation: Required when certain functions will be delegated to third parties

4. Client Classification: Required for retail clients under MiFID II requirements

5. Best Execution Policy: Required for services involving trade execution

6. Voting Rights: Include when the manager will exercise voting rights on behalf of the client

7. ESG Considerations: Required when environmental, social, and governance factors are part of the investment strategy

8. Foreign Account Provisions: Required when dealing with non-Belgian clients or investments

Suggested Schedules

1. Investment Guidelines: Detailed investment restrictions, limits, and permitted investments

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

3. Authorized Persons: List of persons authorized to give instructions on behalf of the client

4. Reporting Templates: Format and content of periodic reports to be provided

5. Risk Disclosure Statement: Detailed risk warnings specific to the investment strategy

6. Execution Policy: Detailed policy for achieving best execution of trades

7. Privacy Notice: Detailed GDPR-compliant privacy policy

8. Anti-Money Laundering Requirements: Documentation requirements for AML compliance

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Asset Management

Banking

Insurance

Pension Funds

Wealth Management

Private Equity

Investment Banking

Fund Administration

Professional Services

Corporate Treasury

Family Offices

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Client Services

Operations

Finance

Treasury

Portfolio Management

Fund Administration

Due Diligence

Regulatory Reporting

Relevant Roles

Investment Manager

Portfolio Manager

Chief Investment Officer

Compliance Officer

Legal Counsel

Risk Manager

Client Relationship Manager

Fund Manager

Investment Advisor

Chief Financial Officer

Treasury Manager

Wealth Manager

Private Banker

Operations Manager

Due Diligence Officer

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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