Investment Management Contract Template for Saudi Arabia

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Key Requirements PROMPT example:

Investment Management Contract

"I need an Investment Management Contract for a Saudi institutional client (pension fund) that includes Sharia-compliant investment strategies across multiple asset classes, with quarterly reporting requirements and a performance fee structure, to be effective from March 1, 2025."

Document background
The Investment Management Contract is a crucial document used when establishing a professional investment management relationship in Saudi Arabia. It is specifically designed for situations where a CMA-licensed investment manager takes responsibility for managing client assets in compliance with Saudi regulations and Sharia law. The contract covers essential aspects including investment strategy, risk management, fee structures, and reporting requirements, while ensuring compliance with the Capital Market Law and related regulations. This document is particularly important given Saudi Arabia's evolving financial markets and the implementation of Vision 2030, which has introduced new regulatory requirements and investment opportunities. The agreement must reflect both international best practices in investment management and local regulatory requirements, including Islamic finance principles.
Suggested Sections

1. Parties: Identification of the Investment Manager and the Client, including their full legal names, addresses, and registration details

2. Background: Context of the agreement, including the Investment Manager's licensing status with CMA and the Client's intention to appoint the manager

3. Definitions: Comprehensive list of defined terms used throughout the agreement, including regulatory and financial terms

4. Appointment and Authority: Formal appointment of the Investment Manager and scope of delegated authority

5. Investment Objectives and Strategy: Detailed outline of agreed investment objectives, strategy, and any investment restrictions

6. Sharia Compliance: Confirmation of adherence to Sharia principles and specific requirements for Islamic investment management

7. Services and Obligations: Detailed description of services to be provided by the Investment Manager and their specific obligations

8. Client's Obligations: Responsibilities and obligations of the Client, including information provision and cooperation requirements

9. Fees and Expenses: Comprehensive breakdown of management fees, performance fees, and other applicable charges

10. Reporting and Valuations: Requirements for periodic reporting, performance evaluation, and portfolio valuation methodology

11. Risk Disclosures: Detailed disclosure of investment risks and market uncertainties

12. Confidentiality: Provisions regarding the handling of confidential information and data protection

13. Conflicts of Interest: Procedures for identifying, managing, and disclosing potential conflicts of interest

14. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

15. Liability and Indemnification: Extent of Investment Manager's liability and mutual indemnification provisions

16. Governing Law and Jurisdiction: Specification of Saudi Arabian law as governing law and jurisdiction for disputes

Optional Sections

1. Shareholder Rights and Voting: For portfolios including equities, details on how voting rights and shareholder decisions will be managed

2. Securities Lending: If applicable, terms and conditions for securities lending activities

3. Sub-Advisory Arrangements: Terms governing the appointment and oversight of sub-advisors if permitted

4. Foreign Investment Provisions: Special provisions for non-Saudi investors or investments in foreign markets

5. Special Investment Restrictions: Additional investment restrictions beyond standard limitations

6. Digital Services and Access: Terms regarding online portfolio access and digital service provisions

7. Force Majeure: Provisions for extraordinary events affecting contract performance

Suggested Schedules

1. Investment Guidelines: Detailed investment parameters, restrictions, and permitted investments

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

3. Authorized Persons: List of authorized signatories and key personnel from both parties

4. Reporting Requirements: Specific format and content requirements for various reports

5. Anti-Money Laundering Requirements: Detailed AML procedures and requirements

6. Sharia Guidelines: Specific Sharia investment criteria and prohibited investments

7. Risk Management Procedures: Detailed risk management and monitoring procedures

8. Service Level Agreement: Specific performance metrics and service standards

9. Power of Attorney: Formal authorization for the Investment Manager to act on behalf of the Client

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

Asset Management

Wealth Management

Islamic Finance

Private Equity

Venture Capital

Insurance

Real Estate Investment

Corporate Services

Family Office Services

Relevant Teams

Legal

Compliance

Risk Management

Investment Management

Portfolio Management

Client Relations

Operations

Islamic Finance

Due Diligence

Executive Management

Finance

Research and Analysis

Relevant Roles

Chief Investment Officer

Portfolio Manager

Investment Manager

Compliance Officer

Legal Counsel

Risk Manager

Wealth Manager

Client Relationship Manager

Fund Manager

Islamic Finance Specialist

Executive Director

Managing Director

Chief Executive Officer

Chief Financial Officer

Investment Analyst

Due Diligence Officer

Operations Manager

Industries
Capital Market Law (Royal Decree No. M/30): The primary legislation governing securities business and investment activities in Saudi Arabia, establishing the regulatory framework for investment management
Investment Funds Regulations: Specific regulations issued by the Capital Market Authority governing the establishment, management, and operation of investment funds in Saudi Arabia
Authorized Persons Regulations: Regulations governing licensed persons who conduct securities business, including investment managers, specifying their duties, obligations, and required qualifications
Anti-Money Laundering Law: Legislation requiring specific procedures and checks to prevent money laundering in investment transactions
Companies Law (Ministry of Commerce): Governs corporate structures and operations, relevant for investment management entities and their corporate clients
Sharia Governance Framework: Guidelines ensuring compliance with Islamic financial principles in investment activities and management
Securities Business Regulations: Regulations governing the conduct of securities business, including investment management services
Corporate Governance Regulations: Rules governing the management and operation of companies, including investment management firms
Foreign Investment Law: Regulations governing foreign investment activities and restrictions in Saudi Arabia
Market Conduct Regulations: Rules governing market behavior, prevention of market manipulation, and maintenance of market integrity
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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