Assignment Of Investment Advisory Contract for the United Kingdom

Assignment Of Investment Advisory Contract Template for England and Wales

A legal agreement governed by English and Welsh law that facilitates the transfer of investment advisory services from one regulated entity to another. The document ensures compliance with FCA regulations while maintaining continuity of service for clients. It addresses regulatory requirements, client consent, and the transfer of associated rights and obligations under the original advisory agreement.

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What is a Assignment Of Investment Advisory Contract?

The Assignment Of Investment Advisory Contract is essential when an investment advisor or firm wishes to transfer their advisory responsibilities to another regulated entity in England and Wales. This document is commonly used during business restructuring, mergers and acquisitions, or when an advisor is retiring or changing firms. It must comply with FCA regulations and includes provisions for client consent, regulatory obligations, and the smooth transition of services. The agreement ensures that all parties' interests are protected while maintaining regulatory compliance.

What sections should be included in a Assignment Of Investment Advisory Contract?

1. Parties: Identification of assignor, assignee, and original client

2. Background: Context of the original advisory agreement and reason for assignment

3. Definitions: Key terms used throughout the agreement

4. Assignment: Core provisions regarding the transfer of rights and obligations

5. Regulatory Compliance: FCA requirements and continuing obligations

6. Client Consent: Confirmation of client's agreement to the assignment

What sections are optional to include in a Assignment Of Investment Advisory Contract?

1. Transitional Provisions: Provisions for managing phased transfer of services when a transition period is required

2. Staff Transfer: Provisions regarding transfer of key personnel when staff are moving with the contract

3. Intellectual Property: Transfer of related IP rights when proprietary systems or materials are involved

What schedules should be included in a Assignment Of Investment Advisory Contract?

1. Original Advisory Agreement: Copy of the agreement being assigned

2. FCA Permissions: Details of relevant regulatory authorizations

3. Client Consent Form: Template or executed client consent documentation

4. Fee Schedule: Updated fee arrangements if applicable

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

England and Wales

Publisher

Genie AI

Cost

Free to use
Clauses
Industries

Financial Services and Markets Act 2000 (FSMA): Primary legislation governing financial services regulation in the UK, establishing the regulatory framework and FCA's powers

Financial Services Act 2012: Amendment to FSMA that reformed the UK financial regulatory structure and created the current regulatory framework

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001: Defines which activities require FCA authorization and regulation in the context of investment advisory services

FCA Handbook - COBS: Conduct of Business Sourcebook containing detailed rules for how investment firms must interact with clients

FCA Handbook - SYSC: Senior Management Arrangements, Systems and Controls requirements for financial services firms

FCA Handbook - PRIN: Principles for Businesses setting out fundamental obligations for firms under the regulatory system

UK MiFID II Implementation: UK version of EU Markets in Financial Instruments Directive II, governing investment services and activities

UK Market Abuse Regulation: Regulations preventing market abuse and maintaining market integrity in financial services

Law of Property Act 1925: Fundamental property law legislation relevant to the assignment of rights and obligations

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract and their rights in assignment scenarios

UK GDPR: Post-Brexit data protection regulation governing the processing of personal data

Data Protection Act 2018: UK's implementation of data protection requirements, working alongside UK GDPR

Money Laundering Regulations 2017: Requirements for financial services firms regarding anti-money laundering controls and procedures

Proceeds of Crime Act 2002: Legislation covering money laundering offenses and reporting requirements

Consumer Rights Act 2015: Protection for consumers in contracts for goods and services, including financial services

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, particularly regarding limitation of liability

Companies Act 2006: Primary legislation governing company operations and corporate entities in the UK

Partnership Act 1890: Governs the rights and obligations of business partnerships if relevant to the contracting parties

Financial Services (Distance Marketing) Regulations 2004: Regulations governing financial services contracts made at a distance

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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