Asset Management Contract Template for Netherlands

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Key Requirements PROMPT example:

Asset Management Contract

I need an Asset Management Contract for a Dutch pension fund client with EUR 500M assets, focusing on sustainable investments in European markets, to be effective from March 1, 2025, with specific ESG reporting requirements and quarterly performance reviews.

Document background
The Asset Management Contract serves as the primary legal instrument for establishing and governing the relationship between professional asset managers and their clients in the Netherlands. This document is essential when an entity or individual wishes to delegate the management of their investment portfolio to a licensed asset manager. It must comply with the Dutch Financial Supervision Act (Wft), MiFID II requirements, and other relevant Dutch and EU regulations. The contract typically covers investment strategy, risk management, reporting obligations, fee structures, and regulatory compliance requirements. It's particularly important for ensuring clear accountability, defining investment parameters, and establishing robust risk management frameworks. The agreement is designed to protect both parties' interests while ensuring regulatory compliance in the Dutch financial services sector.
Suggested Sections

1. Parties: Identification of the asset manager and the client, including regulatory status and contact details

2. Background: Context of the agreement and confirmation of client categorization

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

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

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

6. Powers and Duties of the Manager: Detailed responsibilities and authority of the asset manager

7. Client's Obligations: Client's responsibilities, including information provision and compliance obligations

8. Fees and Expenses: Management fees, performance fees, and other charges

9. Reporting and Valuations: Frequency and content of reports, valuation methodology

10. Risk Disclosures: Mandatory risk warnings and acknowledgments

11. Conflicts of Interest: Management of potential conflicts and disclosure obligations

12. Liability and Indemnification: Extent of manager's liability and indemnification provisions

13. Term and Termination: Duration, termination rights and procedures

14. Confidentiality and Data Protection: Treatment of confidential information and personal data

15. Governing Law and Jurisdiction: Confirmation of Dutch law and jurisdiction

Optional Sections

1. Custody Arrangements: Required if the manager arranges custody services

2. Investment Advisory Services: Include for non-discretionary management arrangements

3. Best Execution Policy: Required for retail clients under MiFID II

4. Client Money Provisions: Required if the manager handles client money

5. Additional Services: Include if providing ancillary services beyond asset management

6. Tax Reporting: Include for clients requiring specific tax reporting services

7. ESG Investment Criteria: Include if implementing specific ESG investment requirements

Suggested Schedules

1. Investment Policy Statement: Detailed investment strategy, benchmarks, and guidelines

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

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

4. Risk Profile Questionnaire: Client's completed risk assessment and investment profile

5. Execution Policy: Details of the manager's execution policy and arrangements

6. Custody Terms: Terms of custody services if provided through a third party

7. ISDA Schedule: If derivatives trading is part of the mandate

8. Reporting Templates: Format and content of periodic reports to be provided

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Asset Management

Banking

Investment Services

Wealth Management

Pension Funds

Insurance

Family Offices

Private Banking

Institutional Investment

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Client Services

Operations

Portfolio Management

Wealth Management

Investment Advisory

Product Development

Finance

Middle Office

Front Office

Relevant Roles

Asset Manager

Portfolio Manager

Investment Director

Chief Investment Officer

Compliance Officer

Legal Counsel

Risk Manager

Relationship Manager

Investment Advisor

Operations Manager

Client Services Director

Fund Manager

Wealth Manager

Investment Strategist

Financial Controller

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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