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Discretionary Management Agreement

Discretionary Management Agreement Template for Ireland

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Key Requirements PROMPT example:

Discretionary Management Agreement

"I need a Discretionary Management Agreement under Irish law for a retail client with conservative investment preferences, focusing on fixed income securities and blue-chip stocks, with quarterly reporting requirements and standard MiFID II retail client protections."

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Document background
The Discretionary Management Agreement is used when a regulated investment manager in Ireland takes on the responsibility of managing a client's investment portfolio on a discretionary basis. This means the manager can make investment decisions without seeking the client's approval for each transaction. The agreement must comply with Irish financial services law, particularly the MiFID II Regulations (S.I. No. 375 of 2017), the Investment Intermediaries Act 1995, and relevant Central Bank of Ireland requirements. It typically includes detailed provisions on investment strategy, risk management, fees, reporting, client asset protection, and regulatory compliance. The document is essential for establishing a clear framework for the investment management relationship while ensuring compliance with all relevant regulatory requirements in the Irish financial services sector.
Suggested Sections

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

2. Background: Context of the agreement and purpose of the discretionary management service

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope of Authority: Formal appointment of the manager and extent of discretionary authority

5. Investment Objectives and Restrictions: Client's investment objectives, risk profile, and any investment restrictions

6. Client Classification: Classification of the client under MiFID II regulations

7. Services to be Provided: Detailed description of investment management and related services

8. Client Assets and Custody: Arrangements for holding and protecting client assets and funds

9. Fees and Charges: Management fees, transaction costs, and other charges

10. Reporting and Valuations: Frequency and content of portfolio reports and valuations

11. Risk Disclosures: Mandatory risk warnings and disclosures

12. Conflicts of Interest: Disclosure and management of potential conflicts

13. Data Protection: GDPR compliance and data processing terms

14. Anti-Money Laundering: AML requirements and client due diligence

15. Termination: Terms for ending the agreement and consequences

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

17. Governing Law and Jurisdiction: Irish law as governing law and jurisdiction for disputes

Optional Sections

1. Best Execution: Detailed best execution policy - required if the manager executes trades directly

2. Aggregation and Allocation: Policy for aggregating and allocating trades - needed if managing multiple client portfolios

3. Soft Commission Arrangements: Terms for soft commission arrangements - include if such arrangements exist

4. Securities Lending: Terms for securities lending - include if offering this service

5. Tax Reporting: Tax reporting obligations - include for clients requiring specific tax reporting

6. Research Costs: Treatment of research costs - required if charging research separately under MiFID II

7. Delegation: Terms for delegation of services - include if using sub-managers or delegates

Suggested Schedules

1. Schedule 1 - Investment Mandate: Detailed investment objectives, strategy, and restrictions

2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees and charges

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

4. Schedule 4 - Risk Disclosures: Detailed risk warnings specific to the investment strategy

5. Schedule 5 - Custody Terms: Detailed terms of custody arrangements if provided

6. Appendix A - Best Execution Policy: Manager's policy for achieving best execution

7. Appendix B - Conflicts of Interest Policy: Detailed conflicts of interest policy

8. Appendix C - Data Protection Notice: Detailed privacy notice and data protection information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions













































Clauses


































Relevant Industries

Financial Services

Asset Management

Wealth Management

Private Banking

Investment Advisory

Fund Management

Professional Services

Banking

Insurance

Pension Funds

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Client Services

Operations

Portfolio Management

Business Development

Due Diligence

Financial Control

Investment Advisory

Relationship Management

Relevant Roles

Investment Manager

Portfolio Manager

Compliance Officer

Legal Counsel

Risk Manager

Client Relationship Manager

Investment Advisor

Chief Investment Officer

Head of Asset Management

Operations Manager

Due Diligence Officer

Financial Controller

Head of Compliance

General Counsel

Director of Operations

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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