The Sub Advisor Agreement is utilized when a primary advisory firm needs to engage specialized expertise or additional resources through a sub-advisory relationship. This document is essential in Pakistan's professional services landscape, particularly in financial services, where regulatory oversight by the SECP requires clear documentation of such relationships. The agreement typically outlines the scope of services, regulatory compliance requirements, compensation structures, and operational procedures. It's particularly relevant when firms need to complement their existing capabilities, access specialized expertise, or manage overflow work while maintaining regulatory compliance. The Sub Advisor Agreement must align with Pakistani law, including the Securities Act 2015 and SECP regulations, making it distinct from similar agreements in other jurisdictions.
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1. Parties: Identification of the Primary Advisor and Sub-Advisor, including their legal status and registration details
2. Background: Context of the agreement, including primary advisor's business and need for sub-advisory services
3. Definitions: Key terms used throughout the agreement, including regulatory and technical terms
4. Appointment and Scope of Services: Formal appointment of sub-advisor and detailed description of services to be provided
5. Regulatory Compliance: Obligations to comply with Pakistani laws, SECP regulations, and other applicable regulatory requirements
6. Representations and Warranties: Statements of fact and assurances from both parties regarding qualifications, licenses, and capacity to perform
7. Duties and Responsibilities: Specific obligations of the sub-advisor, including reporting requirements and performance standards
8. Fees and Payment Terms: Compensation structure, payment schedule, and expenses
9. Confidentiality: Protection of confidential information and trade secrets
10. Intellectual Property: Ownership and usage rights of materials and work product
11. Term and Termination: Duration of agreement and circumstances for termination
12. Indemnification: Mutual or unilateral indemnification obligations
13. Governing Law and Jurisdiction: Specification of Pakistani law and jurisdiction for dispute resolution
14. General Provisions: Standard clauses including notices, amendments, assignment, and severability
1. Non-Competition: Restrictions on sub-advisor's ability to compete, include when there's risk of competitive activities
2. Insurance Requirements: Specific insurance coverage requirements, include when dealing with high-value advisory services
3. Performance Metrics: Detailed performance evaluation criteria, include when specific measurable outcomes are required
4. Delegation: Terms for further delegation of services, include when sub-delegation might be necessary
5. Force Majeure: Provisions for unforeseen circumstances, include when long-term or critical services are involved
6. Data Protection: Specific data handling requirements, include when dealing with personal or sensitive data
7. Anti-Corruption Compliance: Specific anti-corruption provisions, include when dealing with public sector or high-risk areas
1. Schedule A - Services Description: Detailed description of sub-advisory services and deliverables
2. Schedule B - Fee Structure: Detailed breakdown of fees, commission structures, and payment terms
3. Schedule C - Service Levels: Performance standards and metrics for service delivery
4. Schedule D - Compliance Requirements: Specific regulatory and compliance requirements applicable to the services
5. Schedule E - Required Reports: Format and frequency of required reports and documentation
6. Appendix 1 - Key Personnel: List of key personnel responsible for service delivery
7. Appendix 2 - Insurance Requirements: Detailed insurance coverage requirements and minimums
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