Financial Management Agreement for Malaysia

Financial Management Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions under which a licensed financial manager provides professional financial management services to clients. The document complies with Malaysian financial regulations, including the Capital Markets and Services Act 2007 and Financial Services Act 2013, and outlines the scope of services, investment mandates, fee structures, risk disclosures, and operational procedures while incorporating necessary compliance elements for anti-money laundering and data protection requirements.

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What is a Financial Management Agreement?

The Financial Management Agreement serves as the primary contractual framework for establishing professional financial management relationships in Malaysia. It is essential for financial institutions, asset managers, and investment advisors who provide discretionary or non-discretionary financial management services to clients. The agreement must comply with Malaysian regulatory requirements, particularly the Capital Markets and Services Act 2007 and Financial Services Act 2013, while addressing crucial aspects such as investment mandates, risk management, reporting obligations, and fiduciary responsibilities. This document is typically used when engaging new clients for wealth management, investment advisory, or portfolio management services, and includes comprehensive provisions for regulatory compliance, operational procedures, and risk disclosures.

What sections should be included in a Financial Management Agreement?

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

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

3. Definitions: Key terms used throughout the agreement, including regulatory and technical terms

4. Appointment and Scope of Services: Detailed description of financial management services to be provided and appointment terms

5. Authority and Client Instructions: Extent of manager's authority and procedures for client instructions

6. Compliance with Laws: Obligations to comply with Malaysian financial regulations and relevant laws

7. Fees and Charges: Fee structure, calculation methods, and payment terms

8. Client's Obligations: Client's responsibilities, including information provision and cooperation

9. Representations and Warranties: Standard and specific warranties from both parties

10. Risk Disclosures: Mandatory risk warnings and investment risk disclosures

11. Confidentiality: Confidentiality obligations and permitted disclosures

12. Personal Data Protection: Compliance with PDPA 2010 and data handling procedures

13. Limitation of Liability: Extent and limitations of the manager's liability

14. Termination: Termination rights and procedures

15. General Provisions: Standard boilerplate clauses including notices, amendments, governing law

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

1. Custody Services: Include when the manager provides custody services for client assets

2. Foreign Investment: Include when services involve overseas investments

3. Online Access and Security: Include when providing online portfolio access

4. Shariah Compliance: Include for Islamic financial management services

5. Sub-delegation: Include when manager may delegate services to third parties

6. Joint Account Provisions: Include for joint account holders

7. Tax Reporting: Include when manager provides tax reporting services

What schedules should be included in a Financial Management Agreement?

1. Schedule 1 - Investment Mandate: Detailed investment objectives, strategy, and restrictions

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

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

4. Schedule 4 - Risk Disclosure Statement: Detailed risk disclosures required by Malaysian regulations

5. Schedule 5 - Service Level Agreement: Specific service standards and performance metrics

6. Schedule 6 - Reporting Requirements: Format and frequency of reports to be provided to client

7. Appendix A - Account Opening Forms: Standard forms required for account opening

8. Appendix B - Compliance Documents: AML/KYC forms and regulatory compliance documents

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

Malaysia

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Investment Management

Wealth Management

Banking

Asset Management

Private Banking

Corporate Finance

Insurance

Pension Funds

Family Offices

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Client Services

Operations

Finance

Product Development

Portfolio Administration

Wealth Management

Asset Management

Investment Advisory

Relevant Roles

Chief Investment Officer

Portfolio Manager

Investment Advisor

Compliance Officer

Legal Counsel

Risk Manager

Relationship Manager

Financial Advisor

Asset Manager

Wealth Manager

Operations Manager

Client Services Manager

Investment Analyst

Fund Administrator

Managing Director

Chief Financial Officer

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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