Financial Advisor Contract Template for England and Wales

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Key Requirements PROMPT example:

Financial Advisor Contract Template

I need a Financial Advisor Contract Template for my wealth management firm that specifically covers both discretionary portfolio management and pension advice services, with enhanced data protection clauses suitable for high-net-worth clients based in multiple EU jurisdictions.

Document background
The Financial Advisor Contract Template is essential for establishing clear terms of engagement between financial advisors and their clients in England and Wales. This document is particularly crucial when initiating new client relationships or updating existing arrangements to ensure compliance with current FCA regulations. The template covers essential elements including service scope, fee structures, regulatory obligations, and risk disclosures, while maintaining flexibility to accommodate various types of financial advisory services. It's designed to protect both parties' interests while ensuring compliance with UK financial services legislation and regulatory requirements.
Suggested Sections

1. Parties: Identification of the financial advisor and client, including registration details and regulatory status

2. Background: Context of the agreement, regulatory framework, and purpose of the engagement

3. Definitions: Key terms used throughout the agreement including regulatory and financial terminology

4. Services: Detailed scope of financial advisory services to be provided, including any limitations

5. Fees and Payment: Fee structure, payment terms, expenses, and method of calculation

6. Regulatory Compliance: FCA requirements, compliance obligations, and regulatory disclosures

7. Confidentiality: Treatment of confidential information and data protection obligations

8. Term and Termination: Duration of the agreement, termination rights, and post-termination obligations

Optional Sections

1. Investment Risk Warnings: Specific risk warnings and disclaimers required for investment advisory services

2. Third Party Arrangements: Details of any third-party service providers and their role in service delivery

3. International Services: Provisions for cross-border services and applicable international regulations

Suggested Schedules

1. Schedule 1: Fee Schedule: Detailed breakdown of all fees, charges, and commission structures

2. Schedule 2: Service Level Agreement: Specific service standards, response times, and performance metrics

3. Appendix A: Risk Disclosure: Comprehensive risk warnings and disclosures required by regulations

4. Appendix B: Regulatory Disclosures: Required regulatory statements, disclaimers, and compliance documentation

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
Industries

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

Financial Services Act 2012: Reformed the UK financial services regulatory structure, including amendments to FSMA 2000

Regulated Activities Order 2001: Defines which activities require FCA authorization and regulation in the financial services sector

FCA Handbook: Comprehensive guide containing all FCA rules and guidance for regulated firms

Conduct of Business Sourcebook (COBS): FCA rules specifying how financial services firms should conduct business with clients

Senior Managers and Certification Regime: Regulatory framework for senior management accountability in financial services firms

Consumer Rights Act 2015: Main consumer rights legislation protecting individuals in their dealings with businesses

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices between traders and consumers

Unfair Terms in Consumer Contracts Regulations 1999: Protects consumers against unfair standard terms in contracts with traders

UK General Data Protection Regulation: Post-Brexit data protection regulation governing personal data processing in the UK

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

Money Laundering Regulations 2017: Sets out the requirements for anti-money laundering controls and procedures

Proceeds of Crime Act 2002: Legislation covering money laundering offenses and proceeds of crime

Common Law Contract Principles: Fundamental principles of contract law developed through case law including offer, acceptance, consideration

Misrepresentation Act 1967: Governs remedies for misrepresentation in contract formation

Supply of Goods and Services Act 1982: Implies terms about quality of service into contracts

Professional Body Requirements: Standards set by relevant professional bodies such as the Chartered Insurance Institute

FCA Principles for Businesses: Fundamental obligations of all firms under the UK financial services regulatory system

Employment Rights Act 1996: Main legislation governing employment rights in the UK

Equality Act 2010: Prohibits discrimination and promotes equality in employment and service provision

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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