Designated Investment Agreement Template for Singapore

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Key Requirements PROMPT example:

Designated Investment Agreement

"Need a Designated Investment Agreement for a Singapore-based hedge fund manager investing $50M into a new cryptocurrency fund, with specific provisions for quarterly redemptions and enhanced risk disclosures for digital assets."

Document background
The Designated Investment Agreement serves as the primary contractual framework for investments classified as designated investments under Singapore's regulatory regime. This document is essential when structuring investments that require specific regulatory compliance under MAS guidelines. The agreement typically includes detailed terms about the investment structure, risk disclosures, investor qualifications, and compliance requirements. It is particularly relevant for institutional investors, accredited investors, and investment professionals operating within Singapore's financial markets.
Suggested Sections

1. Parties: Details of the investment manager/company and investor

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

3. Definitions: Key terms used throughout the agreement

4. Investment Terms: Specific details of the investment including amount, type, and terms

5. Representations and Warranties: Statements of fact and assurances from both parties

6. Investment Process: Procedures for making and managing the investment

7. Rights and Obligations: Responsibilities and entitlements of each party

Optional Sections

1. Exit Provisions: Terms for divestment or exit from the investment - recommended for long-term or complex investments

2. Co-Investment Rights: Terms for additional investment opportunities - used when future investment rounds are anticipated

3. Tag-Along Rights: Rights to join in sale of shares - recommended for minority investor protection

Suggested Schedules

1. Investment Details Schedule: Detailed breakdown of the investment structure and terms

2. Due Diligence Checklist: List of required documentation and verification items

3. Risk Disclosure Statement: Mandatory risk disclosures as per MAS requirements

4. Fee Schedule: Breakdown of all applicable fees and charges

5. KYC Documentation: Required customer due diligence documentation

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
Industries

Securities and Futures Act (SFA): Primary legislation governing securities, futures, and financial markets in Singapore, including regulations for designated investment products

Companies Act: Core legislation governing corporate entities and their operations in Singapore, relevant for investment agreements and corporate structure

Monetary Authority of Singapore Act: Establishes and empowers MAS as the financial regulator, providing oversight of investment products and financial services

Financial Advisers Act: Regulates financial advisory services and the distribution of investment products in Singapore

Securities and Futures (Prescribed Specific Classes of Investors) Regulations: Specific regulations defining and governing different classes of investors for designated investments

MAS Guidelines on Designated Investment Products: Regulatory guidelines specifying requirements and standards for designated investment products

Securities and Futures (Offers of Investments) Regulations: Detailed regulations governing the offering and trading of investment products

AML/CFT Regulations: Anti-Money Laundering and Countering the Financing of Terrorism regulations for investment activities

Personal Data Protection Act (PDPA): Governs the collection, use, and disclosure of personal data in investment agreements and related activities

MAS Notice SFA04-N02: Specific notice on Prevention of Money Laundering and Countering the Financing of Terrorism requirements

Income Tax Act: Tax legislation relevant for investment income, capital gains, and other tax considerations in investment agreements

Stamp Duties Act: Governs stamp duties applicable to investment documents and transactions

International Tax Treaties: Relevant tax agreements between Singapore and other countries affecting international investments

Singapore International Arbitration Act: Framework for international arbitration as a dispute resolution mechanism in investment agreements

Mediation Act: Legislative framework for mediation as an alternative dispute resolution method

Singapore International Commercial Court Framework: Rules and procedures for resolving international commercial disputes through the Singapore courts

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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