Investment Mandate Agreement Template for Belgium

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Key Requirements PROMPT example:

Investment Mandate Agreement

"I need an Investment Mandate Agreement under Belgian law for a new wealth management service targeting high-net-worth retail clients, with specific provisions for ESG investment restrictions and quarterly performance reporting requirements."

Document background
The Investment Mandate Agreement is a crucial document used when establishing a professional relationship between an investment manager and a client under Belgian law. It is primarily used when a client wishes to delegate investment decisions to a professional manager, granting them discretionary authority to manage a portfolio according to agreed parameters. The agreement must comply with Belgian financial regulations, including the implementation of MiFID II, anti-money laundering requirements, and EU data protection laws. It typically includes detailed provisions on investment strategy, risk management, reporting requirements, fee structures, and regulatory compliance obligations. This document is essential for investment firms operating in Belgium and must reflect both Belgian-specific requirements and broader EU regulatory frameworks.
Suggested Sections

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

2. Background: Context of the agreement, including client categorization and service type confirmation

3. Definitions and Interpretation: Key terms used throughout the agreement, including regulatory and technical terms

4. Appointment and Authority: Scope of the investment manager's appointment and extent of discretionary authority

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

6. Client Representations and Warranties: Client confirmations regarding their status, authority, and understanding of risks

7. Services and Obligations: Detailed description of services provided and the manager's obligations

8. Risk Disclosures: Comprehensive risk warnings and disclosures required by regulations

9. Fees and Charges: Fee structure, calculation methods, and payment terms

10. Reporting and Valuations: Frequency and content of portfolio reports and valuations

11. Conflicts of Interest: Disclosure and management of potential conflicts

12. Term and Termination: Duration of agreement and termination provisions

13. Liability and Indemnification: Extent of manager's liability and mutual indemnities

14. Confidentiality and Data Protection: Treatment of confidential information and personal data under GDPR

15. General Provisions: Standard contractual provisions including notices, amendments, and governing law

Optional Sections

1. Custody Arrangements: Include when the firm provides or arranges custody services

2. Client Money Provisions: Required when the manager holds or controls client money

3. Electronic Communications: Include when offering online access or electronic reporting

4. Joint Account Provisions: Required for joint account holders

5. Special Investment Terms: Include for specific investment strategies or instruments

6. Tax Reporting: Include when providing tax reporting services

7. Research Cost Provisions: Required when research costs are charged separately under MiFID II

Suggested Schedules

1. Investment Policy Statement: Detailed investment objectives, strategy, and restrictions

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

3. Risk Disclosure Statement: Comprehensive risk warnings and regulatory disclosures

4. Client Categorization Notice: Formal notification of client categorization under MiFID II

5. Conflicts of Interest Policy: Detailed policy for managing conflicts of interest

6. Best Execution Policy: Policy for achieving best execution of trades

7. Personal Data Processing Notice: GDPR-compliant privacy notice and data processing details

8. Authorized Persons: List of persons authorized to give instructions on the account

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

Investment Banking

Wealth Management

Private Banking

Insurance

Pension Funds

Fund Management

Corporate Banking

Professional Services

Financial Technology

Relevant Teams

Legal

Compliance

Risk Management

Investment Management

Client Relations

Portfolio Management

Operations

Regulatory Affairs

Product Development

Business Development

Wealth Management

Private Banking

Relevant Roles

Investment Manager

Portfolio Manager

Compliance Officer

Legal Counsel

Risk Manager

Client Relationship Manager

Chief Investment Officer

Wealth Manager

Private Banker

Financial Advisor

Investment Director

Head of Asset Management

Chief Executive Officer

Chief Operating Officer

Regulatory Affairs Manager

Investment Compliance Manager

Industries
Belgian Law on Financial Services and Markets Supervision: The main regulatory framework for financial services in Belgium, implementing MiFID II, governing investment services, portfolio management, and requirements for investment firms
Belgian Anti-Money Laundering Law of 18 September 2017: Legislation implementing EU AML directives, requiring customer due diligence, transaction monitoring, and reporting obligations for financial institutions
Belgian Civil Code (Code Civil): Contains fundamental contract law principles, including formation, validity, and enforcement of contracts, which form the legal basis for the agreement
Belgian Economic Law Code (Code de droit économique): Contains consumer protection provisions and rules on unfair contract terms, particularly relevant if dealing with retail investors
EU General Data Protection Regulation (GDPR): Regulations governing the processing of personal data, including financial information, implemented in Belgian law
MiFID II Implementation in Belgian Law: Belgian implementation of EU Markets in Financial Instruments Directive II, covering investor protection, transparency requirements, and conduct of business rules
Belgian Royal Decree on Asset Management and Investment Advice: Specific regulations governing portfolio management services, including requirements for mandate agreements and investor profiling
Belgian Law on the Status and Supervision of Investment Firms: Legislation governing the authorization and ongoing supervision of firms providing investment services
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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