Asset Management Contract Template for Philippines

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Key Requirements PROMPT example:

Asset Management Contract

"I need an Asset Management Contract for a high-net-worth individual client in the Philippines who wants to invest primarily in local equities and fixed-income securities, with specific ESG investment restrictions and quarterly performance reporting requirements."

Document background
The Asset Management Contract serves as the primary legal framework for establishing and governing the relationship between professional asset managers and their clients in the Philippines. This document is essential when an individual or institution wishes to delegate the management of their investment portfolio to a professional manager licensed under Philippine regulations. The contract comprehensively addresses investment mandates, risk parameters, fee structures, and reporting requirements while ensuring compliance with Philippine securities laws, BSP regulations, and anti-money laundering requirements. It's particularly crucial for financial institutions, high-net-worth individuals, and corporate entities seeking professional portfolio management services, incorporating specific provisions for investor protection and regulatory compliance under Philippine jurisdiction.
Suggested Sections

1. Parties: Identification of the asset manager and the client, including complete legal names, addresses, and registration details

2. Background: Context of the agreement, including client's intention to appoint the asset manager and the manager's qualifications and licenses

3. Definitions: Detailed definitions of technical terms, financial concepts, and other important terms used throughout the agreement

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

5. Services and Obligations: Detailed description of asset management services to be provided and the manager's obligations

6. Investment Objectives and Strategy: Agreed-upon investment objectives, strategy, and any specific investment guidelines or restrictions

7. Fees and Expenses: Comprehensive fee structure, including management fees, performance fees, and other charges

8. Reporting and Valuation: Requirements for periodic reporting, performance measurement, and asset valuation methodology

9. Risk Disclosures: Mandatory risk warnings and disclosures as required by Philippine regulations

10. Representations and Warranties: Standard representations and warranties from both parties

11. Compliance and Regulatory Matters: Obligations regarding regulatory compliance, anti-money laundering, and other applicable laws

12. Term and Termination: Duration of the agreement and circumstances for termination

13. Confidentiality: Provisions for handling confidential information and client data

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

15. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

Optional Sections

1. Custody Arrangements: Required when custody services are provided by a third party or the asset manager

2. Performance Benchmarks: Include when specific performance benchmarks are agreed upon for performance measurement

3. Foreign Investment Provisions: Required when portfolio includes foreign investments

4. ESG Investment Criteria: Include when client requires specific environmental, social, and governance investment criteria

5. Sub-Advisory Arrangements: Required when sub-advisors may be appointed

6. Distribution and Reinvestment: Include for agreements involving income-generating assets requiring distribution decisions

7. Electronic Trading and Communications: Include when electronic trading platforms or digital communications are primary means of interaction

8. Force Majeure: Optional broader force majeure provisions beyond standard circumstances

Suggested Schedules

1. Schedule A - Investment Guidelines: Detailed investment guidelines, restrictions, and permitted investments

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

3. Schedule C - Authorized Persons: List of authorized persons who can give instructions on behalf of the client

4. Schedule D - Reporting Requirements: Detailed reporting requirements including format, frequency, and content

5. Schedule E - Risk Disclosure Statement: Comprehensive risk disclosures as required by Philippine regulations

6. Schedule F - KYC Documentation: Required Know Your Client documentation and client risk profile

7. Appendix 1 - Standard Settlement Instructions: Banking and settlement details for transactions

8. Appendix 2 - Service Level Agreement: Detailed service standards and performance metrics

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

Banking

Investment Management

Wealth Management

Insurance

Pension Funds

Real Estate Investment

Private Equity

Family Office Services

Corporate Treasury Services

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Client Relations

Operations

Finance

Portfolio Administration

Due Diligence

Investment Analysis

Wealth Management

Trust Administration

Relevant Roles

Chief Investment Officer

Portfolio Manager

Compliance Officer

Legal Counsel

Risk Manager

Investment Advisor

Relationship Manager

Trust Officer

Operations Manager

Client Services Manager

Due Diligence Officer

Investment Analyst

Chief Financial Officer

Wealth Manager

Fund Manager

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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