The Financial Advisor Contract serves as the foundational document governing the professional relationship between financial advisors and their clients in Canada. This agreement is essential for compliance with regulatory requirements at both federal and provincial levels, including securities regulations, privacy laws, and professional standards. The contract typically comes into play when individuals or organizations seek professional financial advisory services, requiring detailed documentation of the scope of services, fiduciary responsibilities, compensation structures, and risk management protocols. It includes comprehensive provisions for investment management, reporting requirements, privacy protection, and dispute resolution mechanisms, while ensuring compliance with provincial Securities Acts, IIROC rules, and other relevant regulatory frameworks. The document is particularly critical given the regulated nature of financial advisory services in Canada and the need for clear documentation of the advisor-client relationship.
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1. Parties: Identification of the Financial Advisor/Firm and the Client, including full legal names and contact information
2. Background: Context of the agreement, including advisor's qualifications and registrations, and client's desire to receive financial advisory services
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Investment Policy Statement', 'Portfolio', and regulatory terminology
4. Scope of Services: Detailed description of financial advisory services to be provided, including investment management, financial planning, and any limitations
5. Fiduciary Duties and Standards: Statement of fiduciary responsibilities and commitment to act in client's best interests
6. Compensation and Fees: Detailed fee structure, including advisory fees, commission arrangements, and payment terms
7. Client Responsibilities: Client's obligations including providing accurate information, updating material changes, and decision-making authority
8. Investment Policy and Guidelines: Overview of investment approach, risk tolerance, and investment restrictions
9. Confidentiality and Privacy: Obligations regarding client information handling and compliance with privacy laws
10. Reporting and Communications: Frequency and type of reports, account statements, and communication methods
11. Conflicts of Interest: Disclosure of potential conflicts and how they will be handled
12. Term and Termination: Duration of agreement, renewal terms, and termination provisions
13. Liability and Indemnification: Extent of advisor's liability and mutual indemnification provisions
14. Dispute Resolution: Process for handling disagreements, including mediation and arbitration procedures
15. General Provisions: Standard clauses including governing law, amendments, assignment, and severability
1. Discretionary Authority: Used when the advisor has authority to make investment decisions without prior client approval
2. Tax Planning Services: Include when tax advisory services are part of the engagement
3. Estate Planning Services: Include when estate planning is part of the advisory services
4. Insurance Planning: Include when insurance products and planning are part of the services
5. Third-Party Services: Include when external service providers or sub-advisors will be utilized
6. Corporate Client Provisions: Additional terms specific to corporate or institutional clients
7. Foreign Account Provisions: Include when dealing with non-Canadian accounts or cross-border services
8. Digital Service Delivery: Include when providing online or robo-advisory services
1. Schedule A - Fee Schedule: Detailed breakdown of all fees, charges, and compensation structures
2. Schedule B - Investment Policy Statement: Comprehensive document outlining investment objectives, strategy, and constraints
3. Schedule C - Services Description: Detailed list and description of all services provided under the agreement
4. Schedule D - Risk Disclosure Statement: Comprehensive disclosure of investment risks and risk factors
5. Appendix 1 - Advisor Qualifications: Details of advisor's registrations, certifications, and professional qualifications
6. Appendix 2 - Privacy Policy: Detailed privacy policy and information handling procedures
7. Appendix 3 - Conflict of Interest Disclosure: Comprehensive disclosure of potential conflicts and mitigation procedures
8. Appendix 4 - Client Profile: Client's investment profile, including risk tolerance and investment objectives
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