Financial Management Agreement for Hong Kong

Financial Management Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions under which a licensed financial institution provides financial management services to clients. The document outlines the scope of services, fee structures, responsibilities, and obligations of both parties while ensuring compliance with Hong Kong's regulatory requirements, including those set by the Securities and Futures Commission (SFC). It incorporates necessary risk disclosures, reporting obligations, and operational procedures specific to Hong Kong's financial services industry.

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What is a Financial Management Agreement?

The Financial Management Agreement serves as the foundational document for establishing and governing the relationship between financial service providers and their clients in Hong Kong. This document is essential when a licensed financial institution undertakes to manage financial assets, provide investment advice, or offer wealth management services to clients. It must comply with Hong Kong's robust regulatory framework, particularly the Securities and Futures Ordinance and related regulations. The agreement typically includes detailed provisions on service scope, authority levels, fee structures, risk disclosures, and reporting requirements, while incorporating specific provisions required by Hong Kong regulators. It's designed to protect both the financial institution and the client by clearly defining roles, responsibilities, and expectations in the financial management relationship.

What sections should be included in a Financial Management Agreement?

1. Parties: Identification of the financial manager and the client, including licensing and registration details of the financial manager

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Key terms used throughout the agreement, including financial terms, regulatory references, and service definitions

4. Appointment and Scope of Services: Formal appointment of the financial manager and detailed description of core services to be provided

5. Authority and Instructions: Extent of financial manager's authority to act on behalf of the client and procedures for giving/receiving instructions

6. Duties and Responsibilities: Detailed obligations of the financial manager, including fiduciary duties and standard of care

7. Client's Obligations: Client's responsibilities, including providing accurate information and maintaining minimum account balances

8. Fees and Expenses: Comprehensive fee structure, payment terms, and reimbursable expenses

9. Reports and Valuations: Reporting obligations, frequency, and content of financial reports

10. Risk Disclosures: Mandatory risk warnings and acknowledgments required by Hong Kong regulations

11. Confidentiality: Obligations regarding client information and data protection

12. Conflicts of Interest: Procedures for identifying and managing potential conflicts

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

14. Liability and Indemnification: Limitations of liability and mutual indemnification provisions

15. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution

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

1. Discretionary Management: Additional terms for discretionary portfolio management services, used when the manager has authority to make investment decisions without prior client approval

2. Advisory Services: Terms for non-discretionary advisory services, used when the manager only provides advice but client makes final decisions

3. Online Services: Terms for access to and use of online platforms or portals, included when digital services are provided

4. Joint Accounts: Additional provisions for accounts held by multiple parties, included when services are provided to joint account holders

5. Foreign Account Provisions: Additional terms for non-Hong Kong residents or foreign account holders

6. Margin Facilities: Terms for any margin or credit facilities provided, included when lending services are offered

7. Third-Party Arrangements: Provisions regarding use of third-party service providers or sub-managers

8. Special Investment Programs: Terms for specific investment programs or strategies, included when offering specialized services

What schedules should be included in a Financial Management Agreement?

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

2. Schedule 2: Investment Guidelines: Specific investment parameters, restrictions, and benchmarks

3. Schedule 3: Authorized Persons: List of persons authorized to give instructions on behalf of the client

4. Schedule 4: Risk Disclosure Statement: Detailed risk disclosures required by Hong Kong regulations

5. Schedule 5: Client Information Form: Client's personal and financial information, investment objectives, and risk profile

6. Appendix A: Service Level Agreement: Detailed service standards and performance metrics

7. Appendix B: Compliance Requirements: Specific regulatory and compliance obligations

8. Appendix C: Operating Procedures: Detailed procedures for account operations and communications

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

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Asset Management

Wealth Management

Investment Banking

Private Banking

Corporate Finance

Family Office Services

Trust Services

Fund Management

Professional Services

Relevant Teams

Legal

Compliance

Risk Management

Investment Management

Client Services

Operations

Product Development

Wealth Management

Portfolio Management

Client Onboarding

Finance

Internal Audit

Relevant Roles

Chief Investment Officer

Portfolio Manager

Financial Advisor

Wealth Manager

Compliance Officer

Legal Counsel

Risk Manager

Investment Analyst

Relationship Manager

Operations Manager

Product Manager

Client Services Manager

Fund Manager

Director of Asset Management

Chief Financial Officer

Head of Private Banking

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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