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The Mutual Fund Agreement serves as the foundational document for establishing and operating a mutual fund in Malaysia, subject to oversight by the Securities Commission Malaysia and governed by Malaysian law. This agreement is essential when setting up a new mutual fund or updating existing fund structures to ensure compliance with current regulations. It comprehensively details the fund's structure, management responsibilities, investment parameters, operational procedures, and unit holder rights. The document must comply with the Capital Markets and Services Act 2007, Securities Commission Guidelines, and other relevant Malaysian regulations. It's particularly crucial for ensuring proper governance, protecting investor interests, and maintaining regulatory compliance in Malaysia's growing investment management sector.

1. Parties: Identification of all parties to the agreement including the Fund Management Company, Trustee, and any other relevant parties

2. Background: Context of the agreement, purpose of the mutual fund, and basic structure

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation

4. Appointment and Authority: Formal appointment of the Fund Manager and/or Trustee and scope of their authority

5. Investment Objectives and Strategy: Clear statement of the fund's investment objectives, strategy, and investment restrictions

6. Units and Unit Holders: Structure of units, rights of unit holders, and procedures for unit transactions

7. Valuation and Pricing: Methods and frequency of fund valuation, unit pricing calculations

8. Fees and Charges: All fees payable including management fees, trustee fees, and other charges

9. Risk Disclosures: Comprehensive disclosure of all material risks associated with the investment

10. Compliance and Reporting: Regulatory compliance requirements, reporting obligations to regulators and unit holders

11. Operations and Administration: Day-to-day operational procedures, record keeping, and administrative matters

12. Distributions: Policy and procedures for income or dividend distributions

13. Termination and Winding Up: Circumstances and procedures for termination of the fund or agreement

14. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution