Bank Investment Contract Template for Hong Kong

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Key Requirements PROMPT example:

Bank Investment Contracts

"I need a Bank Investment Contract for my Hong Kong private bank's new discretionary portfolio management service launching in March 2025, which will offer personalized investment solutions to high-net-worth clients with a minimum investment of HKD 5 million."

Document background
Bank Investment Contracts are essential legal documents used in Hong Kong's financial services industry to establish and govern the relationship between licensed banks and their investment clients. These contracts are particularly important given Hong Kong's status as a major international financial center and the strict regulatory environment overseen by the HKMA and SFC. The document is used when clients wish to engage in investment activities through a bank, whether for personal wealth management, corporate investment, or institutional trading purposes. Bank Investment Contracts must incorporate specific provisions required by Hong Kong regulations, including detailed risk disclosures, client classification, product suitability assessments, and anti-money laundering compliance measures. They serve as the foundational agreement protecting both the bank's and client's interests while ensuring regulatory compliance.
Suggested Sections

1. Parties: Identification of the bank and the customer, including full legal names and registration/identification details

2. Background: Context of the investment agreement and relationship between the parties

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Investment Account: Terms governing the establishment and operation of the investment account

5. Investment Instructions: Procedures for giving and executing investment instructions

6. Fees and Charges: Comprehensive breakdown of all fees, charges, and commissions

7. Risk Disclosure: Mandatory risk warnings and disclosures as required by Hong Kong regulations

8. Client Representations and Warranties: Customer's confirmations regarding their status, understanding, and capacity

9. Bank's Rights and Obligations: Scope of bank's services, responsibilities, and limitations

10. Compliance and Anti-Money Laundering: Requirements for regulatory compliance and AML obligations

11. Termination: Conditions and procedures for terminating the investment relationship

12. Governing Law and Jurisdiction: Confirmation of Hong Kong law governance and jurisdiction

Optional Sections

1. Online Services: Terms for electronic trading and online investment platform access, included if online services are offered

2. Joint Account Provisions: Additional terms for joint investment accounts, included for joint account holders

3. Margin Trading: Terms for margin facilities if margin trading is offered

4. Foreign Exchange Services: Terms for FX transactions if foreign currency investments are included

5. Discretionary Management: Terms for discretionary portfolio management if such service is offered

6. US Person Provisions: Special terms applicable to US persons, included if US customers are accepted

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of all applicable fees, charges, and commission rates

2. Schedule 2 - Risk Disclosure Statement: Comprehensive risk disclosures required by Hong Kong regulations

3. Schedule 3 - Investment Products: List and descriptions of available investment products and their specific terms

4. Schedule 4 - Authorized Persons: List of authorized signatories and their trading permissions

5. Appendix A - Account Opening Forms: Required forms and documentation for account opening

6. Appendix B - Standing Instructions: Format and procedures for standing instructions

7. Appendix C - Declaration of Tax Status: Tax residency declarations and FATCA/CRS compliance forms

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Investment Management

Wealth Management

Private Banking

Corporate Banking

Asset Management

Securities Trading

Fund Management

Financial Technology

Relevant Teams

Legal

Compliance

Risk Management

Investment Advisory

Wealth Management

Operations

Client Services

Product Development

Due Diligence

Portfolio Management

Relevant Roles

Relationship Manager

Investment Advisor

Compliance Officer

Legal Counsel

Risk Manager

Portfolio Manager

Investment Director

Branch Manager

Product Manager

Operations Manager

Chief Investment Officer

Head of Private Banking

Wealth Management Advisor

Due Diligence Officer

Client Services Manager

Industries
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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