Investment Management Contract Template for Netherlands

The Investment Management Contract is a crucial document used when establishing a professional investment management relationship in the Netherlands. It is required when an authorized investment manager takes on the responsibility of managing client assets on a discretionary or advisory basis. The contract must comply with the Dutch Financial Supervision Act (Wft), MiFID II regulations, and other relevant Dutch and EU financial regulations. It typically includes detailed provisions on investment strategy, risk management, fees, reporting requirements, and regulatory compliance measures. This document is essential for both institutional and retail client relationships, though the specific requirements and level of investor protection measures may vary depending on client classification. The agreement should be tailored to reflect the specific services offered, the client's investment objectives, and any particular regulatory requirements applicable to the client type or investment strategy.

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

2. Background: Context of the agreement, including the client's intention to appoint the investment manager and the manager's regulatory authorizations

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Appointment and Authority: Formal appointment of the investment manager and scope of delegated authority

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

6. Services: Detailed description of investment management services to be provided

7. Client Representations and Warranties: Client's confirmations regarding their status, authority, and understanding of risks

8. Manager Representations and Warranties: Manager's confirmations regarding regulatory status, capabilities, and compliance

9. Fees and Expenses: Management fees, performance fees, expenses, and payment terms

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

11. Risk Disclosures: Mandatory risk warnings and disclosures required under Dutch law

12. Conflicts of Interest: Procedures for identifying and managing conflicts of interest

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

14. Termination: Termination rights, notice periods, and consequences of termination

15. Confidentiality: Confidentiality obligations and permitted disclosures

16. Data Protection: GDPR compliance and data processing terms

17. Notices: Format and delivery of formal notices between parties

18. Governing Law and Jurisdiction: Dutch law as governing law and jurisdiction for disputes

19. General Provisions: Standard boilerplate clauses including assignment, amendments, and severability