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Fund Distribution Agreement
"I need a Fund Distribution Agreement under German law for my FinTech company to distribute UCITS funds through our digital platform to retail investors in Germany and Austria, with specific provisions for online marketing and automated KYC processes, targeted to launch in March 2025."
1. Parties: Identification of the fund company/management company and distributor, including regulatory status and contact details
2. Background: Context of the agreement, including brief description of the funds and distribution arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Appointment of distributor and scope of distribution rights, including territory and customer segments
5. Regulatory Compliance: Obligations regarding regulatory compliance, including KYC, AML, and investor protection requirements
6. Distribution Services: Detailed description of distribution services, including marketing, client onboarding, and reporting
7. Fees and Commission: Structure and calculation of distribution fees, commission, and payment terms
8. Representations and Warranties: Key representations and warranties from both parties
9. Compliance with Laws: Obligations to comply with applicable laws, including KAGB, KWG, and WpHG
10. Record Keeping and Reporting: Requirements for maintaining records and providing reports
11. Confidentiality and Data Protection: Confidentiality obligations and GDPR compliance requirements
12. Term and Termination: Duration of agreement and termination provisions
13. Liability and Indemnification: Allocation of liability and indemnification obligations
14. Final Provisions: Governing law, jurisdiction, and standard boilerplate provisions
1. Online Distribution: Specific provisions for online/digital distribution channels, including website requirements and digital onboarding
2. Sub-Distributor Arrangements: Terms governing appointment and oversight of sub-distributors
3. White Labeling: Provisions for white labeling arrangements if distributor will use their own branding
4. Investment Advisory Services: Additional terms if distributor provides investment advisory services
5. Local Registration Requirements: Specific provisions for local registration or notification requirements in different jurisdictions
6. Performance Targets: Inclusion of specific sales targets and related incentives or consequences
7. Training Requirements: Specific training obligations for distributor's sales staff
1. Schedule 1 - Funds: List of funds covered by the agreement, including key details and regulatory status
2. Schedule 2 - Fee Schedule: Detailed fee structure, commission rates, and calculation methods
3. Schedule 3 - Distribution Territory: Detailed description of authorized distribution territory and any restrictions
4. Schedule 4 - Operational Procedures: Detailed operational procedures including subscription, redemption, and reporting processes
5. Schedule 5 - Marketing Guidelines: Guidelines for marketing activities and approval procedures
6. Schedule 6 - Compliance Procedures: Detailed compliance procedures including KYC and AML requirements
7. Schedule 7 - Contact Details: Key contact persons and escalation procedures
8. Appendix A - Required Documentation: List of required documentation for customer onboarding and compliance
9. Appendix B - Reporting Templates: Standard templates for required reports and notifications
Authors
Asset Management
Banking
Financial Services
Investment Management
Wealth Management
Private Banking
Insurance
FinTech
Professional Services
Securities Services
Legal
Compliance
Distribution
Sales
Product Management
Risk Management
Operations
Client Services
Business Development
Investment Management
Fund Administration
Marketing
Senior Management
Head of Distribution
Legal Counsel
Compliance Officer
Head of Sales
Fund Manager
Relationship Manager
Product Manager
Risk Manager
Operations Manager
Business Development Director
Chief Executive Officer
Chief Operating Officer
Head of Legal
Head of Compliance
Distribution Director
Sales Director
Investment Officer
Client Service Manager
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