Sub Advisor Agreement Template for Denmark

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Key Requirements PROMPT example:

Sub Advisor Agreement

I need a Sub Advisor Agreement for my Danish investment firm to appoint a UK-based sub-advisor for managing our Nordic equity portfolio, starting March 2025, with specific provisions for cross-border regulatory compliance and Brexit considerations.

What is a Sub Advisor Agreement?

The Sub Advisor Agreement is essential in the Danish financial services industry when a primary investment advisor seeks to delegate certain investment management responsibilities to a specialized third party. This document is particularly relevant when expanding investment capabilities, accessing specific market expertise, or optimizing resource allocation. The agreement must comply with Danish financial regulations, including the Financial Business Act and relevant EU directives. It typically includes detailed provisions for investment guidelines, regulatory compliance, reporting requirements, and risk management procedures. The document is structured to meet both Danish legal requirements and international best practices in investment management, making it suitable for both domestic and cross-border arrangements. The Sub Advisor Agreement becomes especially important when firms need to demonstrate proper oversight and governance to Danish regulatory authorities.

What sections should be included in a Sub Advisor Agreement?

1. Parties: Identification of the primary advisor and sub-advisor, including regulatory status and contact details

2. Background: Context of the agreement, including the primary advisor's relationship with its clients and need for sub-advisory services

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

4. Appointment and Scope of Services: Formal appointment of sub-advisor and detailed description of services to be provided

5. Regulatory Compliance: Obligations to comply with Danish financial regulations and maintaining necessary licenses

6. Duties and Responsibilities: Specific obligations of the sub-advisor, including investment guidelines and restrictions

7. Fees and Payment Terms: Compensation structure, calculation methods, and payment terms

8. Reporting and Documentation: Required reports, frequency, and format of reporting to the primary advisor

9. Representations and Warranties: Standard and specific confirmations from both parties

10. Confidentiality and Data Protection: GDPR compliance and protection of confidential information

11. Liability and Indemnification: Allocation of risks and responsibilities for losses

12. Term and Termination: Duration of agreement and circumstances for termination

13. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

What sections are optional to include in a Sub Advisor Agreement?

1. Non-Competition: Restrictions on competing activities, used when sub-advisor may have access to sensitive client information or strategies

2. Intellectual Property: IP rights and usage terms, included when proprietary trading strategies or software are involved

3. Business Continuity: Disaster recovery and business continuity requirements, important for critical service relationships

4. Marketing and Branding: Rules for using each party's name and brand, included when sub-advisor will have client-facing roles

5. Key Personnel: Identification of essential team members, included when specific expertise is crucial to the service

6. Insurance Requirements: Specific insurance coverage requirements, detailed section when standard provisions are insufficient

What schedules should be included in a Sub Advisor Agreement?

1. Schedule 1 - Services Description: Detailed outline of sub-advisory services and investment strategies

2. Schedule 2 - Fee Schedule: Detailed fee calculations, including any performance fees or special arrangements

3. Schedule 3 - Investment Guidelines: Specific investment restrictions, benchmarks, and risk parameters

4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and procedures

6. Schedule 6 - Service Level Agreement: Performance metrics and service quality standards

7. Appendix A - Contact Details: Key contacts and escalation procedures for both parties

8. Appendix B - Compliance Procedures: Detailed compliance requirements and procedures

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

Asset Management

Investment Banking

Wealth Management

Private Equity

Hedge Funds

Pension Funds

Financial Services

Investment Advisory

Fund Management

Alternative Investments

Relevant Teams

Legal

Compliance

Risk Management

Investment Management

Operations

Portfolio Management

Client Services

Finance

Due Diligence

Product Development

Relevant Roles

Chief Investment Officer

Portfolio Manager

Legal Counsel

Compliance Officer

Risk Manager

Investment Director

Head of Asset Management

Fund Manager

General Counsel

Chief Operating Officer

Investment Compliance Manager

Senior Investment Advisor

Director of Operations

Chief Risk 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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