The Fund Subscription Agreement serves as the primary contractual document for investors seeking to participate in investment funds within the Malaysian market. This document is essential when an investor wishes to subscribe to units or shares in a fund, whether it's a unit trust, private equity fund, or other investment vehicle. It ensures compliance with Malaysian securities laws, particularly the Capital Markets and Services Act 2007 and Securities Commission guidelines, while establishing the rights, obligations, and responsibilities of all parties involved. The agreement includes crucial information about the investment process, risk disclosures, anti-money laundering requirements, and investor eligibility criteria, forming the legal foundation for the investor-fund relationship.
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1. Parties: Identification of the fund, fund manager/company, and the subscriber/investor
2. Background: Context of the agreement, including brief description of the fund and purpose of the subscription
3. Definitions: Key terms used throughout the agreement
4. Subscription and Payment: Details of the subscription amount, payment terms, and process
5. Representations and Warranties: Standard representations from both the investor and the fund
6. Acknowledgment of Risk: Investor's acknowledgment of investment risks and receipt of fund documentation
7. Anti-Money Laundering Compliance: AML requirements and ongoing obligations
8. Confidentiality: Obligations regarding confidential information
9. Notices: Process for formal communications between parties
10. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction
11. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability
1. Shariah Compliance: Required for Islamic funds, specifying Shariah compliance requirements and restrictions
2. Lock-up Period: Include when there are restrictions on redemption or transfer of fund units
3. Side Letter Provisions: For institutional investors requiring specific terms or accommodations
4. Tax Matters: Detailed tax provisions for complex fund structures or international investors
5. Electronic Dealing Arrangements: When subscription and redemptions can be handled electronically
6. Nominee Arrangements: When units are held through a nominee structure
7. Multiple Classes of Units: When the fund offers different unit classes with varying rights
1. Subscription Form: Detailed form capturing investor information and subscription details
2. Investment Amount and Units: Specific details of the investment amount and unit allocation
3. Fee Schedule: Breakdown of all applicable fees and charges
4. KYC Requirements: List of required documents and information for due diligence
5. Risk Disclosure Statement: Detailed disclosure of all material risks
6. Fund Information: Key information about the fund structure, strategy, and operations
7. Tax Forms: Required tax declarations and forms
8. Wire Transfer Instructions: Banking details for subscription payment
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