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Mutual Fund Agreement

Mutual Fund Agreement Template for New Zealand

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Key Requirements PROMPT example:

Mutual Fund Agreement

"I need a Mutual Fund Agreement for a sustainable energy focused fund to be launched in March 2025, compliant with New Zealand regulations, specifically incorporating ESG investment criteria and targeting both retail and wholesale investors."

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Document background
The Mutual Fund Agreement serves as the foundational document for establishing and operating a collective investment scheme in New Zealand. It is utilized when setting up a new mutual fund or updating the terms of an existing fund structure, ensuring compliance with the Financial Markets Conduct Act 2013 and related regulations. The agreement comprehensively addresses key aspects including fund governance, investment parameters, operational procedures, fee structures, and investor rights. This document is essential for fund managers seeking to establish regulated investment products in the New Zealand market, providing necessary legal and regulatory framework for managing investor funds. The agreement must align with requirements set by the Financial Markets Authority (FMA) and incorporate specific provisions for the New Zealand investment environment.
Suggested Sections

1. Parties: Identification of the fund manager, trustee/supervisor, and the basis on which investors become parties to the agreement

2. Background: Context of the agreement, including the establishment of the fund and its general purpose

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

4. Fund Establishment and Structure: Legal structure of the fund, its establishment, and compliance with relevant regulations

5. Investment Objectives and Policy: Statement of the fund's investment objectives, strategies, and permitted investments

6. Units and Unitholders: Nature of units, rights of unitholders, and unit pricing mechanisms

7. Applications and Redemptions: Procedures for investing in and withdrawing from the fund

8. Valuation and Pricing: Methods for calculating unit values and pricing principles

9. Fees and Expenses: All fees payable to the manager and other service providers, and fund expenses

10. Manager's Powers and Obligations: Rights, responsibilities, and duties of the fund manager

11. Supervisor's Role and Duties: Powers and obligations of the supervisor/trustee

12. Reporting and Accounting: Financial reporting requirements and accounting standards to be followed

13. Taxation: Tax treatment of the fund and unitholder obligations

14. Compliance and Risk Management: Regulatory compliance requirements and risk management procedures

15. Termination and Winding Up: Circumstances and procedures for terminating the fund

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

Optional Sections

1. Multi-Fund Provisions: Required when the agreement covers multiple sub-funds or investment options

2. Wholesale Investor Provisions: Additional terms applicable when the fund is restricted to wholesale investors

3. Foreign Investment Provisions: Required when the fund invests in overseas markets

4. Distribution Policy: Required when the fund has specific distribution or dividend policies

5. Related Party Transactions: Required when the fund engages in transactions with related parties

6. Derivative Trading: Required when the fund uses derivatives or other complex financial instruments

7. Environmental, Social and Governance (ESG): Required when the fund has specific ESG investment criteria or reporting

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

9. Borrowing Powers: Required when the fund has authority to borrow or leverage

Suggested Schedules

1. Schedule 1: Fee Schedule: Detailed breakdown of all fees, charges, and expenses

2. Schedule 2: Investment Guidelines: Specific investment parameters, restrictions, and asset allocation ranges

3. Schedule 3: Valuation Policy: Detailed methodology for valuing different types of investments

4. Schedule 4: Application and Redemption Procedures: Forms and procedures for investing and withdrawing

5. Schedule 5: Distribution Policy: Details of income distribution calculations and payment procedures

6. Schedule 6: Service Providers: List of key service providers and their roles

7. Schedule 7: Risk Factors: Detailed description of investment and operational risks

8. Appendix A: Subscription Agreement: Standard form for initial investment subscription

9. Appendix B: Compliance Manual: Detailed compliance procedures and requirements

10. Appendix C: Reporting Templates: Standard formats for various reports and disclosures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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



































































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Relevant Industries

Financial Services

Investment Management

Banking

Wealth Management

Asset Management

Fund Administration

Professional Services

Corporate Services

Financial Technology

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Operations

Product Development

Client Services

Finance

Fund Administration

Portfolio Management

Due Diligence

Relationship Management

Relevant Roles

Fund Manager

Compliance Officer

Legal Counsel

Investment Manager

Risk Manager

Portfolio Manager

Chief Investment Officer

Chief Operating Officer

Chief Financial Officer

Trustee Director

Compliance Manager

Operations Manager

Product Manager

Investment Analyst

Fund Accountant

Relationship Manager

Due Diligence Officer

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