Asset Management Agreement for Switzerland

Asset Management Agreement Template for Switzerland

This is a comprehensive agreement governed by Swiss law that establishes the terms and conditions under which an asset manager provides discretionary investment management services to clients. The agreement complies with the Swiss Financial Services Act (FinSA) and Financial Institutions Act (FinIA), incorporating mandatory regulatory requirements including client classification, risk disclosures, and reporting obligations. It details the scope of services, investment guidelines, fees, and responsibilities while addressing specific Swiss regulatory requirements such as banking secrecy and financial market regulations.

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What is a Asset Management Agreement?

The Asset Management Agreement is a fundamental document used in the Swiss financial services industry to establish and regulate the relationship between professional asset managers and their clients. It is required when a client delegates investment authority to a licensed asset manager under Swiss law. The agreement must comply with the strict regulatory framework established by FinSA and FinIA, which came into effect in 2020, introducing enhanced client protection measures and organizational requirements for asset managers. This document is essential for both institutional and private client relationships, incorporating mandatory regulatory elements such as client classification, risk disclosures, and detailed service specifications. It should be used whenever a Swiss-regulated asset manager takes on new clients for discretionary investment management services.

What sections should be included in a Asset Management Agreement?

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

2. Background: Context of the agreement and confirmation of client classification under FinSA

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of asset management services, investment strategy, and any restrictions

5. Authority and Client Instructions: Extent of discretionary authority granted to the asset manager and process for client instructions

6. Investment Guidelines: Agreed investment strategy, restrictions, and risk profile

7. Duties and Responsibilities: Obligations of both parties, including the asset manager's fiduciary duties

8. Fees and Charges: Management fees, transaction costs, and other charges

9. Reporting and Valuations: Frequency and content of portfolio reports and valuation methods

10. Risk Disclosures: Mandatory risk warnings and acknowledgments required under FinSA

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

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

13. Liability and Indemnification: Extent of asset manager's liability and indemnification provisions

14. Confidentiality: Protection of client information and banking secrecy obligations

15. Final Provisions: Governing law, jurisdiction, and amendment procedures

What sections are optional to include in a Asset Management Agreement?

1. Custody Arrangements: Required if the asset manager provides custody services or has specific arrangements with custodian banks

2. Foreign Account Regulations: Required for international clients, covering FATCA, CRS, and other international reporting requirements

3. Electronic Communications: Optional section for clients agreeing to electronic delivery of documents and communications

4. Portfolio Manager Delegation: Required if sub-managers or delegates may be appointed

5. Special Investment Provisions: Required for specialized investment strategies or specific asset classes

6. Group Company Services: Required when services may be provided by affiliated companies

7. Client Representations: Additional representations for specific client types (e.g., institutional clients)

What schedules should be included in a Asset Management Agreement?

1. Investment Guidelines and Restrictions: Detailed investment parameters, restrictions, and benchmarks

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

3. Risk Profile Questionnaire: Client's completed risk profile assessment

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

5. Custody Account Details: Details of custody accounts covered by the agreement

6. Pre-contractual Information: FinSA-required pre-contractual disclosures and information

7. Execution Policy: Details of the asset manager's execution policy and arrangements

8. Data Protection Notice: Detailed privacy policy and data protection information

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Asset Management

Wealth Management

Investment Management

Private Banking

Insurance

Pension Funds

Family Offices

Trust Services

Relevant Teams

Legal

Compliance

Asset Management

Portfolio Management

Client Services

Risk Management

Operations

Investment Committee

Regulatory Affairs

Client Onboarding

Due Diligence

Investment Advisory

Product Development

Documentation

Relevant Roles

Asset Manager

Portfolio Manager

Compliance Officer

Legal Counsel

Relationship Manager

Investment Advisor

Risk Manager

Client Services Manager

Operations Manager

Investment Committee Member

Chief Investment Officer

Head of Asset Management

Regulatory Affairs Officer

Due Diligence Officer

Client Onboarding Specialist

Industries
Federal Act on Financial Services (FinSA/FIDLEG): Regulates the provision of financial services and offering of financial instruments, including requirements for asset managers regarding client segmentation, information duties, and documentation obligations
Federal Act on Financial Institutions (FinIA/FINIG): Sets forth the licensing requirements and supervisory framework for financial institutions including asset managers, defining organizational requirements and risk management standards
Swiss Code of Obligations (OR): Contains the fundamental principles of Swiss contract law, including formation, performance, and termination of contracts, which form the basic framework for the agreement
Federal Act on Combating Money Laundering (AMLA): Establishes due diligence obligations for financial intermediaries including asset managers regarding client identification and transaction monitoring
FINMA Ordinance on Financial Institutions: Provides detailed requirements for asset managers regarding organization, risk management, internal controls, and capital requirements
Federal Act on Data Protection (FADP): Governs the handling of personal data, particularly relevant for client information management and cross-border data transfers
Federal Act on Collective Investment Schemes (CISA): Relevant when the asset management involves collective investment schemes or when providing services related to such instruments
Swiss Financial Market Infrastructure Act (FMIA): Applies when dealing with securities and other financial instruments, particularly regarding reporting obligations and market conduct rules
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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