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1. Parties: Identification of the financial advisor and the client, including licensing and registration details of the advisor
2. Background: Context of the agreement and brief description of the advisory relationship to be established
3. Definitions: Key terms used throughout the agreement, including regulatory-specific terminology
4. Scope of Services: Detailed description of financial advisory services to be provided, including any limitations
5. Appointment and Authority: Formal appointment of the advisor and extent of their authority to act on behalf of the client
6. Duties and Responsibilities: Specific obligations of the financial advisor, including fiduciary duties and standard of care
7. Client Representations and Warranties: Client's confirmations regarding their status, understanding of risks, and authority to enter agreement
8. Fees and Payment Terms: Structure and calculation of advisory fees, payment schedule, and expenses
9. Confidentiality: Obligations regarding protection of confidential information and client data
10. Conflicts of Interest: Disclosure and management of potential conflicts of interest
11. Risk Disclosures: Mandatory risk warnings and acknowledgments as required by SFC regulations
12. Term and Termination: Duration of agreement and circumstances for termination
13. Indemnification: Mutual indemnification provisions and limitation of liability
14. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction for dispute resolution
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Professional Investor Status: Required when client qualifies as a Professional Investor under SFO, modifying certain regulatory requirements
2. Delegation: Include when advisor may delegate certain functions to third parties
3. Research Services: Include when providing investment research as part of advisory services
4. Online Access: Include when providing digital platforms or online access to advisory services
5. Portfolio Review: Include for ongoing portfolio monitoring and review services
6. Cross-Border Services: Include when providing advice on overseas investments or to non-Hong Kong clients
7. Marketing Consent: Include when advisor wishes to use client information for marketing purposes
8. Force Majeure: Optional broader force majeure provisions beyond standard market disruption events
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
2. Schedule 2 - Scope of Services: Detailed description of specific advisory services and any excluded services
3. Schedule 3 - Investment Mandate: Client's investment objectives, restrictions, and risk profile
4. Schedule 4 - Authorized Persons: List of persons authorized to give instructions on behalf of client
5. Appendix A - Risk Disclosure Statement: Mandatory SFC risk disclosures and additional risk warnings
6. Appendix B - Privacy Policy: Detailed privacy and personal data handling policies
7. Appendix C - Compliance Documents: Required regulatory forms and compliance documentation
8. Appendix D - Service Level Agreement: Specific performance standards and service levels to be maintained
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