Account Management Agreement for India

Account Management Agreement Template for India

An Account Management Agreement governed by Indian law that establishes the terms and conditions under which an account manager provides professional account management services to clients. The agreement complies with Indian regulatory requirements, including those set by SEBI and other relevant authorities. It covers essential aspects such as service scope, duties, fees, compliance requirements, and risk management, while incorporating specific Indian legal requirements under the Indian Contract Act, 1872, and applicable financial services regulations. The document includes provisions for KYC compliance, anti-money laundering requirements, and data protection measures specific to the Indian context.

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What is a Account Management Agreement?

The Account Management Agreement is a crucial document used to establish and govern the professional relationship between account managers and their clients in India. This agreement is essential when a client (individual or corporate) engages a professional account manager to oversee and manage their accounts, investments, or financial affairs. The document must comply with Indian regulatory requirements, including SEBI regulations, the Indian Contract Act, 1872, and relevant financial services laws. It typically includes comprehensive provisions covering service scope, authority levels, compliance requirements, risk management, fees, and operational procedures. The agreement is particularly important in the Indian context where financial services are heavily regulated and require strict compliance with KYC norms, anti-money laundering regulations, and data protection requirements.

What sections should be included in a Account Management Agreement?

1. Parties: Identification of the account manager and the client, including their legal status and registered addresses

2. Background: Context of the agreement, including the client's requirement for account management services and the manager's qualifications

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

4. Scope of Services: Detailed description of account management services to be provided

5. Appointment and Authority: Formal appointment of the account manager and extent of their authority

6. Duties and Responsibilities: Specific obligations of the account manager and the client

7. Fees and Expenses: Fee structure, payment terms, and reimbursable expenses

8. Compliance and Reporting: Regulatory compliance obligations and reporting requirements

9. Confidentiality: Protection and handling of confidential information

10. Term and Termination: Duration of agreement and termination provisions

11. Indemnification: Mutual indemnification provisions and liability limitations

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

13. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

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

1. Investment Guidelines: Include when the account management involves investment decisions

2. Risk Disclosures: Required when dealing with retail clients or high-risk investments

3. Sub-delegation: Include when the account manager may need to delegate certain functions

4. Insurance: Include when specific insurance requirements need to be maintained

5. Force Majeure: Include when need to address extraordinary circumstances affecting service delivery

6. Data Protection: Include detailed data protection provisions when handling sensitive personal data

7. Anti-Money Laundering: Include specific AML provisions for high-risk clients or jurisdictions

8. Electronic Services: Include when providing online account access or digital services

What schedules should be included in a Account Management Agreement?

1. Schedule 1 - Service Level Agreement: Detailed performance metrics and service standards

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and calculation methods

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

4. Schedule 4 - Account Details: Specific accounts covered under the agreement

5. Schedule 5 - Reporting Requirements: Format, frequency, and content of required reports

6. Appendix A - KYC Documentation: Required know-your-client documentation and procedures

7. Appendix B - Investment Guidelines: Detailed investment parameters and restrictions if applicable

8. Appendix C - Compliance Procedures: Specific compliance procedures and requirements

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

India

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Asset Management

Wealth Management

Corporate Services

Investment Advisory

Family Office Services

Professional Services

FinTech

Private Equity

Relevant Teams

Legal

Compliance

Risk Management

Operations

Client Services

Finance

Investment Management

Account Management

Due Diligence

Relationship Management

Relevant Roles

Account Manager

Relationship Manager

Compliance Officer

Legal Counsel

Risk Manager

Financial Advisor

Investment Manager

Operations Manager

Client Services Manager

Portfolio Manager

Chief Financial Officer

Director of Operations

Wealth Manager

Due Diligence Officer

KYC Analyst

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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