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Investment Management Contract Template for United States

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Key Requirements PROMPT example:

Investment Management Contract

"I need an Investment Management Contract for a hedge fund managing high-net-worth individual portfolios, with specific provisions for international investments and performance-based fees, to be effective from March 2025."

Document background
The Investment Management Contract serves as the foundation for the relationship between investment managers and their clients in the United States. This document is essential when a client delegates investment authority over their assets to a professional manager. It outlines the scope of services, investment objectives, risk parameters, fee structures, and reporting requirements while ensuring compliance with federal securities laws, including the Investment Advisers Act of 1940, and state regulations. The contract provides critical protections for both parties and establishes clear accountability frameworks.
Suggested Sections

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

2. Background: Context of the agreement and basic premises of the investment management relationship

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of investment management services to be provided

5. Investment Authority and Guidelines: Scope of manager's discretionary authority and investment restrictions

6. Fees and Expenses: Management fees, performance fees, and other charges

7. Reporting Requirements: Frequency and content of performance reports and other communications

8. Term and Termination: Duration of agreement and termination provisions

9. Representations and Warranties: Standard legal assurances from both parties

Optional Sections

1. ERISA Provisions: Special provisions required when managing pension fund assets subject to ERISA regulations

2. Foreign Investment Provisions: Special provisions for handling international investments and cross-border transactions

3. Custody Arrangements: Detailed provisions regarding custody of client assets and relationship with custodians

Suggested Schedules

1. Investment Guidelines: Detailed investment restrictions, parameters, and acceptable asset classes

2. Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

3. Authorized Persons: List of individuals authorized to give instructions on behalf of client

4. Risk Disclosure Statement: Comprehensive disclosure of investment risks and potential conflicts

5. Form ADV: SEC registration and disclosure document for investment advisers

6. Privacy Policy: Detailed policies regarding data protection and privacy practices

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Investment Advisers Act of 1940: Primary federal law regulating investment advisers and their fiduciary obligations to clients

Investment Company Act of 1940: Federal law regulating the organization and operation of investment companies and their activities

Securities Act of 1933: Federal law governing securities offerings and requiring registration and disclosure requirements

Securities Exchange Act of 1934: Federal law regulating secondary trading of securities and establishing the SEC

Dodd-Frank Act: Comprehensive financial reform legislation affecting investment management practices and regulatory oversight

ERISA: Federal law governing pension fund management and fiduciary responsibilities for retirement assets

Form ADV Requirements: SEC registration and disclosure requirements for investment advisers

Blue Sky Laws: State-specific securities regulations governing investment activities within individual states

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Federal law including provisions for preventing terrorism financing and enhancing anti-money laundering requirements

Internal Revenue Code: Federal tax laws affecting investment management activities and reporting requirements

Gramm-Leach-Bliley Act: Federal law governing privacy and security requirements for financial institutions

Fiduciary Duty Requirements: Legal obligation to act in the best interest of clients, including duty of care and loyalty

Custody Rules: SEC regulations governing how investment advisers must handle and protect client assets

Performance Fee Restrictions: Regulations limiting the use of performance-based fees in investment management agreements

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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