Asset Management Agreement for the United States

Asset Management Agreement Template for United States

An Asset Management Agreement is a legally binding contract governed by U.S. federal and state securities laws, establishing the terms and conditions under which an asset manager will provide investment management services to a client. The agreement outlines investment objectives, strategies, fees, reporting requirements, and fiduciary responsibilities while ensuring compliance with SEC regulations, state-specific requirements, and applicable federal laws including the Investment Advisers Act of 1940. It defines the scope of authority granted to the manager and includes specific provisions for risk management, performance measurement, and client communication.

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What is a Asset Management Agreement?

The Asset Management Agreement serves as the foundational document governing the relationship between professional investment managers and their clients in the United States. This agreement is essential when an individual, institution, or entity wishes to delegate investment authority over their assets to a professional manager. The document must comply with various U.S. regulatory requirements, including SEC regulations, state securities laws, and federal statutes such as the Investment Advisers Act of 1940. It typically addresses crucial elements such as investment strategy, risk parameters, fee structures, reporting obligations, and fiduciary duties. The agreement becomes particularly important in establishing clear boundaries of authority, managing expectations, and protecting both parties' interests while ensuring regulatory compliance in the complex landscape of U.S. investment management.

What sections should be included in a Asset Management Agreement?

1. Parties: Identification of the asset manager and client

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

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

5. Investment Guidelines: Parameters and restrictions for investment decisions

6. Fees and Expenses: Management fees, performance fees, and other costs

7. Representations and Warranties: Statements of fact by both parties

8. Reporting Requirements: Frequency and content of performance reports

9. Term and Termination: Duration and conditions for ending the agreement

What sections are optional to include in a Asset Management Agreement?

1. ERISA Provisions: Required when managing retirement plan assets subject to ERISA regulations

2. Foreign Investment Provisions: Specific terms and conditions governing international investments and compliance with foreign regulations

3. Custody Arrangements: Terms regarding custodian responsibilities and arrangements when separate custody services are required

What schedules should be included in a Asset Management Agreement?

1. Investment Guidelines Schedule: Detailed investment restrictions, parameters, and permitted asset classes

2. Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

3. Authorized Persons: List of individuals authorized to give instructions on behalf of each party

4. Reporting Template: Format and content requirements for regular performance reports

5. Risk Disclosure Statement: Detailed disclosure of investment risks and risk management procedures

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Clauses
Industries

Investment Advisers Act of 1940: Federal law that regulates investment advisers and requires registration with the SEC, establishing fiduciary duties and compliance requirements for investment advisers

Investment Company Act of 1940: Federal law governing investment companies, including mutual funds, setting standards for registration, disclosure, and operation

Securities Act of 1933: Federal law requiring registration of securities offerings and detailed disclosure requirements to protect investors

Securities Exchange Act of 1934: Federal law establishing the SEC and regulating secondary market trading, requiring periodic reporting from public companies

Dodd-Frank Act: Comprehensive financial reform legislation enacted in response to the 2008 financial crisis, introducing new requirements for asset managers and financial institutions

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Federal law expanding AML requirements and introducing additional customer identification procedures for financial institutions

SEC Regulations: Rules and regulations implemented by the Securities and Exchange Commission governing securities markets and investment management

FINRA Rules: Self-regulatory organization rules governing broker-dealers and investment firms to ensure market integrity and investor protection

DOL Regulations: Department of Labor rules particularly relevant when managing retirement assets or ERISA-governed accounts

Blue Sky Laws: State-specific securities laws that regulate the offering and sale of securities to protect investors from fraudulent activities

ERISA: Employee Retirement Income Security Act governing retirement account management and establishing fiduciary responsibilities

CFTC Regulations: Commodity Futures Trading Commission rules governing trading in futures, options, and other derivatives markets

KYC Requirements: Know Your Customer procedures required to verify the identity of clients and assess their suitability for investment services

AML Regulations: Anti-Money Laundering regulations requiring procedures to prevent, detect, and report suspicious financial activities

FATCA: Foreign Account Tax Compliance Act requirements for reporting foreign financial accounts and offshore assets

State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation

Uniform Commercial Code: Standardized set of business laws governing commercial transactions across all states

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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