Asset Management Agreement Template for Netherlands

The Asset Management Agreement serves as the primary contractual framework for investment management services in the Netherlands. It is essential when a professional asset manager takes on the responsibility of managing client assets on a discretionary or non-discretionary basis. The agreement must comply with Dutch financial regulations, particularly the Financial Supervision Act (Wft) and MiFID II implementation requirements. It is used by financial institutions, asset management firms, and investment companies to formalize their relationship with clients, whether institutional or individual investors. The document covers crucial aspects including investment mandate, risk management, fee structures, reporting requirements, and regulatory obligations. This agreement type is particularly important in the Dutch market given its sophisticated financial sector and strict regulatory environment.

1. Parties: Identification of the asset manager and the client, including registration details and regulated status

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

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Appointment and Scope: Formal appointment of asset manager and scope of services

5. Regulatory Status and Client Classification: Confirmation of regulatory status and client classification under MiFID II

6. Investment Objectives and Restrictions: Agreed investment objectives, strategy, and any investment restrictions

7. Powers and Duties of the Manager: Detailed description of manager's authority, responsibilities, and duties

8. Client's Warranties and Undertakings: Client representations, warranties, and ongoing obligations

9. Fees and Expenses: Fee structure, calculation methods, and payment terms

10. Reporting and Valuations: Reporting obligations, frequency, and valuation methodologies

11. Conflicts of Interest: Disclosure and management of potential conflicts

12. Risk Disclosures: Key risk warnings and disclosures

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Confidentiality and Data Protection: Confidentiality obligations and GDPR compliance

15. Term and Termination: Duration, termination rights, and consequences of termination

16. Notices: Communication methods and contact details

17. Governing Law and Jurisdiction: Dutch law as governing law and jurisdiction provisions