Financial Investment Agreement for Hong Kong

Financial Investment Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes and regulates the relationship between investors and investment managers/advisors. The document outlines investment strategies, responsibilities, fees, risk factors, and operational procedures while ensuring compliance with Hong Kong's Securities and Futures Ordinance and related regulations. It includes detailed provisions for investment management, reporting requirements, risk disclosures, and investor protections specific to Hong Kong's financial regulatory framework.

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What is a Financial Investment Agreement?

The Financial Investment Agreement is a crucial document used in Hong Kong's financial services industry to formalize investment management arrangements between professional investment managers and their clients. It serves as the primary contractual framework for managing investment relationships, incorporating Hong Kong's robust regulatory requirements under the Securities and Futures Ordinance and related regulations. This agreement is essential when investors engage professional managers to handle their investments, whether in securities, funds, real estate, or other asset classes. It typically includes comprehensive details about investment strategy, risk management, fee structures, reporting requirements, and compliance obligations. The document reflects Hong Kong's status as a leading international financial center and incorporates specific local regulatory requirements while following international best practices in investment management.

What sections should be included in a Financial Investment Agreement?

1. Parties: Identification of all parties to the agreement, including investor(s) and investment manager/advisor

2. Background: Context of the investment arrangement and brief description of the purpose

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation

4. Investment Scope and Strategy: Detailed description of investment objectives, strategy, and permitted investment types

5. Investment Amount and Terms: Specification of investment amount, payment terms, and any minimum holding periods

6. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity and authority

7. Investment Manager Rights and Obligations: Detailed responsibilities and authority of the investment manager

8. Investor Rights and Obligations: Responsibilities and obligations of the investor, including funding commitments

9. Fees and Expenses: Detailed breakdown of all fees, expenses, and payment terms

10. Risk Disclosures: Comprehensive disclosure of investment risks and acknowledgment by investor

11. Term and Termination: Duration of the agreement and circumstances for early termination

12. Confidentiality: Obligations regarding confidential information and trade secrets

13. Notices: Process and requirements for formal communications between parties

14. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction details

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.

What sections are optional to include in a Financial Investment Agreement?

1. Investment Committee: Required when the investment structure includes an investment committee - details its composition and powers

2. Co-Investment Rights: Include when there are provisions for co-investment opportunities

3. Key Person Provisions: Required when the agreement relies on specific individuals managing the investment

4. ESG Compliance: Include when environmental, social and governance criteria are part of the investment strategy

5. Distribution Policy: Required when the agreement includes specific rules about investment returns distribution

6. Side Letter Rights: Include when certain investors may have special rights through side letters

7. FATCA Compliance: Required when US persons or entities are involved in the investment

What schedules should be included in a Financial Investment Agreement?

1. Investment Guidelines: Detailed investment restrictions, limits, and permitted investments

2. Fee Schedule: Detailed breakdown of management fees, performance fees, and other charges

3. Subscription Agreement: Form of subscription agreement for the investment

4. KYC Requirements: Required know-your-client documentation and procedures

5. Valuation Methodology: Detailed procedures for valuing investments

6. Risk Disclosure Statement: Comprehensive risk factors and disclosures

7. Related Party Transactions: List of any pre-existing related party transactions and procedures

8. Reporting Requirements: Templates and specifications for regular reporting to investors

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

Hong Kong

Publisher

Genie AI

Document Type

Invoice Form

Sector

Sales

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Asset Management

Private Equity

Venture Capital

Hedge Funds

Investment Banking

Wealth Management

Family Offices

Insurance

Real Estate Investment

Infrastructure Investment

Relevant Teams

Legal

Compliance

Risk Management

Investment Management

Operations

Finance

Due Diligence

Client Relations

Fund Administration

Executive Management

Relevant Roles

Chief Investment Officer

Portfolio Manager

Investment Director

Compliance Officer

Legal Counsel

Risk Manager

Fund Manager

Investment Analyst

Chief Financial Officer

Chief Operating Officer

Investment Committee Member

Relationship Manager

Due Diligence Officer

Managing Director

Executive Director

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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