The Investment Mandate Agreement is a crucial document used in the Malaysian financial services sector when a client delegates investment management authority to a professional investment manager. It establishes the legal and operational framework for the investment relationship, ensuring compliance with Malaysian regulations including the Capital Markets and Services Act 2007 and Securities Commission guidelines. This agreement is essential for regulated investment activities in Malaysia, detailing investment objectives, strategies, risk parameters, fees, reporting requirements, and operational procedures. It protects both parties' interests while ensuring regulatory compliance and proper governance of investment activities. The document is particularly important given Malaysia's sophisticated financial markets and dual banking system that accommodates both conventional and Islamic investment mandates.
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1. Parties: Identification of the investment manager and the client, including registration details and addresses
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Authority: Formal appointment of the investment manager and scope of authority granted
5. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any specific restrictions
6. Duties and Responsibilities: Detailed obligations of the investment manager and the client
7. Fees and Expenses: Management fees, performance fees, and other charges
8. Risk Disclosure: Disclosure of investment risks and market uncertainties
9. Compliance and Regulatory Requirements: Obligations under Malaysian law and regulatory requirements
10. Reporting and Valuations: Frequency and content of reports, valuation methods
11. Representations and Warranties: Standard representations and warranties from both parties
12. Confidentiality: Confidentiality obligations and permitted disclosures
13. Conflicts of Interest: Management of potential conflicts and disclosure requirements
14. Liability and Indemnification: Scope of liability and indemnification provisions
15. Term and Termination: Duration of agreement and termination provisions
16. Governing Law and Dispute Resolution: Malaysian law as governing law and dispute resolution procedures
1. Shariah Compliance: Required for Islamic investment mandates, specifying Shariah investment principles and compliance requirements
2. Delegation: Include when the investment manager may delegate certain functions to third parties
3. Foreign Investment Provisions: Required when the mandate includes overseas investments
4. Performance Guarantees: Optional section for any guaranteed returns or capital preservation requirements
5. ESG Requirements: Include when environmental, social, and governance criteria are part of the investment mandate
6. Voting Rights: Required when the manager has authority to exercise voting rights for investments
7. Cash Management: Include when specific cash management procedures are required
8. Service Level Agreement: Optional section detailing specific service levels and performance metrics
1. Investment Guidelines: Detailed investment parameters, restrictions, and permitted investments
2. Fee Schedule: Detailed breakdown of all fees, charges, and calculation methods
3. Authorized Persons: List of authorized signatories and their authority levels
4. Reporting Templates: Format and content requirements for regular reporting
5. Compliance Requirements: Detailed compliance procedures and requirements
6. Risk Management Procedures: Specific risk management and monitoring procedures
7. Contact Details: Contact information for key personnel and escalation procedures
8. Power of Attorney: If required, formal power of attorney for investment management activities
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