Investment Consulting Agreement Template for Indonesia

This agreement governs the relationship between an investment consultant and their client in Indonesia, operating under the supervision of the Indonesian Financial Services Authority (OJK). It outlines the terms and conditions for providing investment advisory services, including scope of services, fees, responsibilities, and regulatory compliance requirements. The document incorporates key provisions from Indonesian investment laws, particularly Law No. 25 of 2007 on Investment and relevant OJK regulations, ensuring adherence to local regulatory requirements while protecting both parties' interests in the investment advisory relationship.

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What is a Investment Consulting Agreement?

The Investment Consulting Agreement is essential for formalizing professional investment advisory relationships in Indonesia. It is typically used when an investment consultant or advisory firm agrees to provide investment-related advice, analysis, and recommendations to clients, whether individuals or organizations. The agreement must comply with Indonesian law, particularly OJK regulations and Law No. 25 of 2007 on Investment, which govern investment advisory services. The document outlines crucial elements including service scope, fee structures, regulatory compliance requirements, risk disclosures, and confidentiality obligations. It's designed to protect both the consultant's and client's interests while ensuring transparency and regulatory compliance in the Indonesian financial services sector.

What sections should be included in a Investment Consulting Agreement?

1. Parties: Identification of the Investment Consultant and the Client, including their full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including the consultant's qualifications and the client's desire to receive investment consulting services

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of investment consulting services to be provided, including any limitations

5. Consultant's Obligations: Detailed responsibilities and duties of the investment consultant, including regulatory compliance requirements

6. Client's Obligations: Responsibilities of the client, including provision of accurate information and cooperation

7. Fees and Payment Terms: Detailed fee structure, payment schedule, and payment methods

8. Representations and Warranties: Statements of fact and promises made by both parties

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Limitation of Liability: Extent and limitations of the consultant's liability

12. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

13. General Provisions: Standard legal provisions including notices, amendments, and severability

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

1. Non-Competition: Restrictions on competitive activities, used when protecting specific market knowledge or client relationships

2. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term consulting arrangements

3. Insurance: Requirements for professional indemnity insurance, used when dealing with high-value investments

4. Data Protection: Specific provisions for handling personal data, required when dealing with individual clients or sensitive information

5. Intellectual Property: Protection of proprietary methods or materials, used when the consultant provides unique investment analysis tools or methodologies

6. Assignment: Rights to transfer the agreement, important for larger consulting firms

7. Anti-Money Laundering Compliance: Specific AML obligations, required when dealing with large transactions or high-risk clients

What schedules should be included in a Investment Consulting Agreement?

1. Schedule 1 - Service Description: Detailed breakdown of specific investment consulting services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms

3. Schedule 3 - Key Personnel: List of key consultants and their qualifications

4. Schedule 4 - Reporting Requirements: Format and frequency of investment reports and updates

5. Appendix A - Risk Disclosure Statement: Standard risk warnings and disclaimers as required by Indonesian regulations

6. Appendix B - Compliance Requirements: Specific regulatory requirements and compliance obligations

7. Appendix C - Client Investment Profile: Template for recording client's investment objectives and risk tolerance

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

Jurisdiction

Indonesia

Publisher

Genie AI

Cost

Free to use

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