Investment Mandate Agreement Template for Australia

The Investment Mandate Agreement is a crucial document in the Australian financial services landscape, used when a client delegates investment management authority to a professional investment manager. This agreement type is essential for maintaining compliance with Australian financial services regulations, particularly the Corporations Act 2001 and ASIC requirements. It typically includes comprehensive details about investment strategies, risk parameters, performance benchmarks, fee structures, and reporting obligations. The document is designed to protect both the investment manager and the client by clearly defining the scope of authority, responsibilities, and service expectations. It's particularly relevant for managed funds, institutional investments, private wealth management, and other professional investment management relationships where clear guidelines and parameters need to be established.

1. Parties: Identification of the investment manager and the client, including ABN/ACN and relevant licenses

2. Background: Context of the agreement, client's investment objectives, and confirmation of the manager's authority

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

4. Appointment and Authority: Formal appointment of the investment manager and scope of authority

5. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any restrictions

6. Services and Obligations: Detailed description of services to be provided and manager's obligations

7. Client's Obligations: Client's responsibilities, including information provision and cooperation

8. Risk Acknowledgments: Disclosure of investment risks and client acknowledgments

9. Fees and Expenses: Fee structure, calculation methods, and payment terms

10. Reporting and Valuations: Reporting obligations, frequency, and valuation methodologies

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

12. Representations and Warranties: Standard and specific representations by both parties

13. Liability and Indemnification: Limitations of liability and indemnification provisions

14. Termination: Termination rights, process, and consequences

15. Confidentiality and Privacy: Protection of confidential information and privacy obligations

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