Investment Management Contract Template for Ireland

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Key Requirements PROMPT example:

Investment Management Contract

"I need an Investment Management Contract for a retail client in Ireland, with services commencing January 2025, focusing on sustainable investment strategies and including custody services, with specific provisions for ESG reporting requirements and green investment restrictions."

Document background
The Investment Management Contract is essential for establishing a formal investment management relationship in Ireland between professional investment managers and their clients. It is used when a client delegates investment authority over their assets to a regulated investment manager. The agreement must comply with Irish financial services regulations, particularly the Investment Intermediaries Act 1995, MiFID II regulations, and Central Bank of Ireland requirements. It details crucial elements such as investment strategy, risk parameters, fee structures, regulatory obligations, and operational procedures. This document is fundamental for both institutional and retail client relationships and must incorporate specific Irish and EU regulatory requirements, including client classification, investor protection measures, and reporting obligations.
Suggested Sections

1. Parties: Identification of the investment manager and client, including regulatory status and classifications

2. Background: Context of the agreement and regulatory framework

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

4. Appointment and Scope of Authority: Formal appointment of the manager and extent of discretionary authority

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

6. Manager's Obligations: Core duties, standard of care, and regulatory compliance obligations

7. Client's Obligations: Information provision, representations, and cooperation requirements

8. Fees and Expenses: Management fees, performance fees, expenses, and payment terms

9. Reports and Valuations: Reporting obligations, frequency, and valuation methodology

10. Risk Disclosures: Mandatory risk warnings and acknowledgments

11. Conflicts of Interest: Disclosure and management of potential conflicts

12. Liability and Indemnification: Extent of manager's liability and mutual indemnifications

13. Term and Termination: Duration, termination rights, and consequences of termination

14. Confidentiality and Data Protection: Confidentiality obligations and GDPR compliance

15. Anti-Money Laundering: AML/KYC requirements and ongoing obligations

16. Notices: Communication methods and contact details

17. General Provisions: Governing law, jurisdiction, entire agreement, amendments, etc.

Optional Sections

1. Custody Arrangements: Required if the manager or affiliate provides custody services

2. Client Classification: Detailed section required for retail clients under MiFID II

3. Best Execution: Detailed policy required for retail clients or when requested by professional clients

4. Voting Rights: Include if the manager will exercise voting rights for portfolio securities

5. Research Costs: Required if research costs are charged separately under MiFID II

6. Sub-Advisory Arrangements: Include if sub-managers may be appointed

7. Distribution Provisions: Required if the agreement covers fund distribution services

8. Performance Measurement: Include if specific benchmarks or performance targets apply

Suggested Schedules

1. Schedule 1 - Investment Guidelines: Detailed investment objectives, strategy, and restrictions

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, calculations, and payment terms

3. Schedule 3 - Authorized Persons: List of authorized signatories and instructions

4. Schedule 4 - Reporting Requirements: Detailed reporting specifications and templates

5. Schedule 5 - Risk Disclosures: Comprehensive risk warnings and scenarios

6. Appendix A - Client Classification Notice: MiFID II client categorization and protections

7. Appendix B - Conflicts of Interest Policy: Detailed conflicts management procedures

8. Appendix C - Best Execution Policy: Order execution policy and procedures

9. Appendix D - Data Protection Notice: GDPR-compliant privacy notice and data processing terms

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

Financial Services

Investment Management

Banking

Asset Management

Wealth Management

Insurance

Pension Funds

Private Equity

Fund Administration

Corporate Treasury

Family Offices

Relevant Teams

Legal

Compliance

Investment Management

Portfolio Management

Risk Management

Client Services

Operations

Fund Administration

Treasury

Wealth Management

Due Diligence

Client Onboarding

Investment Advisory

Relationship Management

Relevant Roles

Investment Manager

Portfolio Manager

Chief Investment Officer

Compliance Officer

Legal Counsel

Risk Manager

Relationship Manager

Client Services Director

Operations Manager

Fund Manager

Investment Advisor

Chief Financial Officer

Treasury Manager

Wealth Manager

Private Client Advisor

Investment Director

Head of Investments

Portfolio Analyst

Due Diligence Officer

Client Onboarding Manager

Industries
Investment Intermediaries Act 1995: Regulates investment business firms and the provision of investment services in Ireland, setting out licensing requirements and operational standards
Markets in Financial Instruments Directive 2014 (MiFID II) Regulations 2017: Implements EU regulations regarding financial instruments, including requirements for investment firms, trading venues, and investor protection measures
Central Bank (Supervision and Enforcement) Act 2013: Provides for the regulation and supervision of financial service providers and enforcement powers of the Central Bank of Ireland
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010: Sets out anti-money laundering requirements and due diligence obligations for financial services providers
General Data Protection Regulation (GDPR) and Data Protection Act 2018: Governs the processing and protection of personal data, including financial information and client details
Consumer Protection Code 2012: Establishes principles for financial firms dealing with consumers, including transparency and fair treatment requirements
European Union (Alternative Investment Fund Managers) Regulations 2013: Regulates alternative investment fund managers and their activities in Ireland
Central Bank Reform Act 2010: Establishes the framework for financial regulation in Ireland and fitness and probity requirements for key personnel
Irish Contract Law (Common Law): General principles of contract formation, execution, and enforcement under Irish common law
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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