All Countries
Risk Management
Mutual Fund Agreement

Mutual Fund Agreement Template for Hong Kong

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Mutual Fund Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Mutual Fund Agreement

"I need a Mutual Fund Agreement for a new ESG-focused equity fund to be launched in Hong Kong by March 2025, with specific provisions for institutional investors and quarterly distribution options."

Celebrated by
Collaborations with
Investors
Document background
The Mutual Fund Agreement serves as the foundational document for establishing and operating a mutual fund in Hong Kong's dynamic financial market. This document is essential when setting up a new mutual fund or restructuring an existing one, providing the legal framework that governs the relationships between all parties involved in the fund's operation. It must comply with the Securities and Futures Ordinance (SFO) and the SFC's Code on Unit Trusts and Mutual Funds, incorporating specific requirements for fund authorization, operational procedures, and investor protection measures. The agreement typically includes comprehensive details about investment strategies, risk management, fee structures, and operational procedures, while ensuring alignment with Hong Kong's regulatory requirements and international best practices in fund management.
Suggested Sections

1. Parties: Identification of all parties to the agreement including the fund manager, trustee, custodian, and other key service providers

2. Background: Context of the agreement, nature of the fund, and general purpose of the arrangement

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

4. Appointment and Authority: Formal appointment of the fund manager and delegation of investment powers

5. Investment Objectives and Strategy: Clear statement of the fund's investment objectives, policies, and permitted investments

6. Management and Administration: Details of how the fund will be managed and administered, including operational procedures

7. Fees and Expenses: Comprehensive breakdown of all fees, charges, and expenses related to the fund

8. Subscription and Redemption: Procedures and terms for investing in and withdrawing from the fund

9. Valuation and Pricing: Methods and frequency of calculating NAV and unit prices

10. Risk Factors: Detailed disclosure of all material risks associated with the investment

11. Representations and Warranties: Standard and specific representations and warranties from all parties

12. Compliance and Reporting: Regulatory compliance obligations and reporting requirements

13. Termination: Circumstances and procedures for terminating the agreement or winding up the fund

14. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

Optional Sections

1. Performance Fee Structure: Detailed provisions for performance-based fees, if applicable

2. Side Letter Provisions: Special terms for specific investors, if any preferential terms are offered

3. Securities Lending: Terms and conditions for securities lending activities if the fund engages in such practices

4. Derivative Trading: Specific provisions for derivative trading if part of the investment strategy

5. Multiple Share Classes: Provisions for different share classes if the fund offers various types of units

6. Distribution Policy: Details of dividend or distribution policies if the fund makes regular distributions

7. ESG Considerations: Environmental, Social and Governance criteria if the fund has specific ESG objectives

Suggested Schedules

1. Schedule 1: Investment Restrictions: Detailed investment restrictions and limits in accordance with SFC requirements

2. Schedule 2: Fee Schedule: Detailed breakdown of all fees, including management fees, trustee fees, and other charges

3. Schedule 3: Subscription Procedures: Detailed procedures and requirements for fund subscription

4. Schedule 4: Redemption Procedures: Detailed procedures and requirements for fund redemption

5. Schedule 5: Valuation Rules: Detailed rules and methodologies for valuing different types of assets

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

7. Appendix A: Subscription Form: Standard form for fund subscription

8. Appendix B: Redemption Form: Standard form for fund redemption

9. Appendix C: KYC Requirements: Required documentation and procedures for Know Your Client compliance

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Clauses
Appointment
Investment Powers
Investment Restrictions
Management and Administration
Valuation
Unit Issuance
Redemption Rights
Fees and Expenses
Distribution Policy
Reporting Obligations
Regulatory Compliance
Anti-Money Laundering
Confidentiality
Data Protection
Risk Disclosure
Representations and Warranties
Indemnification
Force Majeure
Termination
Assignment
Notices
Amendment
Dispute Resolution
Governing Law
Severability
Entire Agreement
Performance Standards
Record Keeping
Voting Rights
Delegation
Conflicts of Interest
Liability
Tax Compliance
Service Provider Obligations
Transfer Restrictions
Meetings
Auditing Rights
Investment Strategy
Subscription Procedures
Custody Arrangements
Relevant Industries

Financial Services

Investment Management

Banking

Asset Management

Wealth Management

Securities and Trading

Fund Administration

Professional Services

Financial Technology

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Operations

Product Development

Client Services

Distribution

Fund Administration

Portfolio Management

Due Diligence

Corporate Governance

Relevant Roles

Fund Manager

Compliance Officer

Legal Counsel

Investment Director

Risk Manager

Operations Director

Portfolio Manager

Trustee Officer

Chief Investment Officer

Head of Distribution

Chief Compliance Officer

Fund Administrator

Investment Analyst

Due Diligence Officer

Product Development Manager

Industries
Securities and Futures Ordinance (Cap. 571): The primary legislation governing securities and futures markets in Hong Kong, including the regulation of mutual funds, their offering documents, and licensing requirements for fund managers
SFC Code on Unit Trusts and Mutual Funds: Provides detailed requirements for the authorization and operation of mutual funds in Hong Kong, including investment restrictions, operational requirements, and disclosure obligations
Trustee Ordinance (Cap. 29): Governs the appointment, duties, and responsibilities of trustees who hold mutual fund assets on behalf of investors
Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615): Sets out requirements for customer due diligence and record-keeping in financial transactions, including mutual fund investments
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, handling, and protection of personal data of fund investors
Contracts Ordinance (Cap. 23): Provides the basic legal framework for contract formation and enforcement in Hong Kong
Fund Manager Code of Conduct: SFC-issued guidelines specifying the standards of conduct expected of licensed fund managers
Companies Ordinance (Cap. 622): Relevant for corporate governance and documentation requirements if the mutual fund is structured as a Hong Kong company
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

Find the exact document you need

Hold And Harmless Agreement

A Hong Kong law-governed Hold Harmless Agreement establishing indemnification obligations and liability protection between parties.

find out more

Release And Discharge Letter

A Hong Kong law-governed document that formally releases parties from specified obligations, liabilities, or claims, providing legal finality to concluded matters.

find out more

Mutual Fund Agreement

A Hong Kong law-governed agreement establishing and regulating a mutual fund's operation, including management structure, investment parameters, and regulatory compliance requirements.

find out more

Hitchment Bill Of Lading

A Hong Kong law-governed maritime document that facilitates and documents the transfer of cargo between vessels during transit, establishing terms of carriage and liability arrangements for transshipment operations.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.

Read our Privacy Policy.