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Mutual Fund Agreement

Mutual Fund Agreement Template for Ireland

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Key Requirements PROMPT example:

Mutual Fund Agreement

"I need a Mutual Fund Agreement under Irish law for a UCITS-compliant sustainable energy fund launching in March 2025, with multiple share classes and specific ESG reporting requirements."

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Document background
The Mutual Fund Agreement serves as the foundational document for establishing and operating a mutual fund under Irish law. It is utilized when setting up new investment funds or updating existing fund structures to comply with current regulatory requirements. The agreement comprehensively addresses the fund's legal structure, governance framework, investment policies, operational procedures, and regulatory obligations under Irish financial services law and applicable EU directives. This document is essential for funds seeking authorization from the Central Bank of Ireland and must incorporate various regulatory requirements including those from UCITS/AIFMD regulations, AML legislation, and consumer protection codes. The agreement also establishes the relationships between the fund and its service providers, outlines investor rights and obligations, and includes detailed provisions for fund operations, risk management, and compliance procedures.
Suggested Sections

1. Parties: Identifies the fund company, management company, trustees/depositaries, and other key parties to the agreement

2. Background: Explains the purpose of the agreement and the fund's establishment

3. Definitions: Defines key terms used throughout the agreement

4. Fund Structure and Governance: Details the legal structure, governance framework, and roles of various parties

5. Investment Objectives and Policy: Specifies the fund's investment goals, strategies, and restrictions

6. Subscription and Redemption Procedures: Details the processes for investing in and withdrawing from the fund

7. Valuation and Pricing: Explains how fund units are valued and priced

8. Fees and Expenses: Outlines all fees, charges, and expenses applicable to the fund

9. Risk Factors: Comprehensive disclosure of investment and operational risks

10. Reporting and Communications: Details regarding financial reports, notices, and other communications

11. Compliance and Regulatory Matters: Addresses regulatory requirements and compliance obligations

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

13. General Provisions: Standard legal provisions including governing law, amendments, and notices

Optional Sections

1. Distribution Policy: Required for funds that make regular distributions to investors

2. Multi-Currency Provisions: Required for funds offering multiple currency share classes

3. Performance Fee Calculations: Include when the fund charges performance-based fees

4. Sustainable Finance Disclosures: Required for funds marketing ESG features under SFDR

5. Securities Lending: Include if the fund engages in securities lending activities

6. Side Letter Provisions: Required when certain investors receive preferential terms

7. Master-Feeder Structures: Include for funds operating in a master-feeder arrangement

Suggested Schedules

1. Investment Restrictions: Detailed investment restrictions and limits

2. Subscription Form: Standard form for investor subscriptions

3. Fee Schedule: Detailed breakdown of all applicable fees

4. Valuation Rules: Detailed methodology for asset valuation

5. Anti-Money Laundering Requirements: AML documentation and verification requirements

6. Service Providers: List of appointed service providers and their duties

7. Share Class Details: Specifications for different share classes

8. Dealing Calendar: Trading days and cut-off times for subscriptions/redemptions

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

Investment Management

Financial Services

Banking

Asset Management

Fund Administration

Professional Services

Wealth Management

Private Banking

Corporate Services

Relevant Teams

Legal

Compliance

Risk Management

Investment Management

Fund Administration

Operations

Client Services

Regulatory Affairs

Finance

Product Development

Relevant Roles

Fund Manager

Legal Counsel

Compliance Officer

Risk Manager

Investment Director

Fund Administrator

Company Secretary

Portfolio Manager

Director of Operations

Head of Investment Management

Chief Financial Officer

Regulatory Affairs Manager

Investment Compliance Manager

Fund Operations Manager

Client Relationship 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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