Investment Mandate Agreement Template for Singapore

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Key Requirements PROMPT example:

Investment Mandate Agreement

"I need an Investment Mandate Agreement for a Singapore-based family office managing assets over SGD 50 million, with specific provisions for ESG investments and quarterly performance reporting, to be effective from March 2025."

Document background
The Investment Mandate Agreement is a crucial document in Singapore's financial services landscape that formalizes the relationship between investment managers and their clients. It sets out the scope of authority granted to the investment manager, investment objectives, risk parameters, and operational procedures. The agreement must comply with Singapore's regulatory requirements, particularly those set by the Monetary Authority of Singapore (MAS), including licensing requirements under the Securities and Futures Act and Financial Advisers Act. This document is essential for establishing clear accountability, risk management frameworks, and protection of client interests in investment management relationships.
Suggested Sections

1. Parties: Identification of the investment manager and client

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

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Scope of investment manager's appointment and powers

5. Investment Objectives and Strategy: Agreed investment goals and approach

6. Fees and Expenses: Fee structure and cost allocation

7. Reporting Requirements: Frequency and content of reports to client

8. Risk Disclosures: Mandatory risk warnings and acknowledgments

9. Representations and Warranties: Standard declarations and assurances from both parties

10. Term and Termination: Duration of agreement and termination provisions

11. Confidentiality: Protection of confidential information

12. Governing Law and Jurisdiction: Applicable law and dispute resolution

Optional Sections

1. Performance Fees: Additional fee structures based on performance (include when performance-based compensation is agreed)

2. Custody Arrangements: Details of custodian arrangements (include when custody services are provided)

3. Foreign Investment Provisions: Specific provisions for overseas investments (include when portfolio includes foreign investments)

4. ESG Investment Criteria: Environmental, Social and Governance investment criteria (include when ESG requirements are specified)

5. Delegation: Provisions for delegation of investment management duties (include when sub-managers may be appointed)

Suggested Schedules

1. Investment Guidelines: Detailed investment parameters and restrictions

2. Fee Schedule: Detailed breakdown of all applicable fees

3. Risk Disclosure Statement: Comprehensive risk warnings as required by MAS

4. Authorized Persons: List of individuals authorized to give instructions

5. Reporting Template: Format and content of periodic reports

6. Investment Restrictions: Specific investment restrictions and limitations

7. Compliance Requirements: Detailed compliance obligations under Singapore law

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 services in Singapore. Regulates investment products, licensing requirements, and market conduct.

Financial Advisers Act (FAA): Regulates financial advisory services in Singapore, including requirements for providing investment advice and selling investment products.

Companies Act: Provides the legal framework for companies operating in Singapore, including corporate governance requirements and directors' duties.

Trust Companies Act: Regulates trust companies and their operations in Singapore, particularly relevant for asset management and custody services.

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore providing detailed requirements for financial institutions and investment management.

Code on Collective Investment Schemes: Specific regulations governing the establishment and operation of collective investment schemes in Singapore.

Guidelines on Fit and Proper Criteria: Standards for assessing the fitness and propriety of persons involved in regulated financial activities.

AML/CFT Requirements: Anti-Money Laundering and Countering the Financing of Terrorism regulations that must be incorporated into operational procedures.

Personal Data Protection Act (PDPA): Governs the collection, use, and disclosure of personal data, ensuring privacy protection in business operations.

Contract Law: Common law principles governing contract formation, enforcement, and remedies in Singapore.

Civil Law Act: Provides the framework for civil matters and contractual relationships in Singapore.

Income Tax Act: Governs taxation matters related to investment income and financial services in Singapore.

Retail Investor Protection Requirements: Enhanced regulatory requirements for dealing with retail investors, including additional disclosure obligations and investment restrictions.

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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