Account Management Agreement Template for United States

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Key Requirements PROMPT example:

Account Management Agreement

"I need an Account Management Agreement for a fintech startup providing digital asset management services to institutional clients, with specific clauses about cryptocurrency custody and regulatory compliance in New York state, to be effective from March 2025."

Document background
The Account Management Agreement serves as the foundational document governing the relationship between professional account managers and their clients in the United States. It is essential when establishing formal account management services, whether for investment accounts, business accounts, or other professional services. The agreement encompasses crucial elements such as service scope, fee structures, regulatory compliance, risk management, and operational procedures, while ensuring adherence to federal regulations including SEC requirements, state laws, and industry standards. This document is particularly important in regulated industries where clear delineation of responsibilities and compliance obligations is mandatory.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including legal names and addresses

2. Background/Recitals: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Details the account management services to be provided

5. Fees and Compensation: Outlines fee structure, payment terms, and billing procedures

6. Client Responsibilities: Specifies client obligations and requirements

7. Compliance and Regulatory Requirements: Details regulatory obligations and compliance requirements

8. Confidentiality: Addresses handling of confidential information

9. Term and Termination: Specifies duration and termination conditions

Optional Sections

1. Investment Guidelines: Specific investment parameters and restrictions for investment management services

2. Custody Arrangements: Details about custody of assets when custody services are involved

3. Risk Disclosures: Specific risk warnings and acknowledgments for investment products or high-risk services

4. Sub-Advisory Arrangements: Details about third-party service providers when sub-advisors are involved

Suggested Schedules

1. Fee Schedule: Detailed breakdown of all fees and charges

2. Service Level Agreement: Specific service standards and performance metrics

3. Investment Policy Statement: Detailed investment guidelines and objectives

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

5. Privacy Policy: Detailed privacy and data protection procedures

6. Risk Disclosure Statement: Comprehensive risk warnings and acknowledgments

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 Exchange Act 1934: Federal law governing securities trading, establishing SEC oversight, and regulating market conduct

Investment Advisers Act 1940: Federal law regulating investment advisers' conduct, registration requirements, and fiduciary duties

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Establishes customer identification requirements and enhanced due diligence procedures for financial institutions

Gramm-Leach-Bliley Act: Mandates how financial institutions handle private customer data and required privacy notices

Dodd-Frank Act: Comprehensive financial reform legislation affecting financial institutions' operations and consumer protection

SEC Regulations: Rules and guidelines issued by the Securities and Exchange Commission governing securities industry

FINRA Rules: Self-regulatory organization rules governing broker-dealers and securities firms

Blue Sky Laws: State-specific securities regulations governing securities offerings and sales within each state

KYC Requirements: Know Your Customer protocols requiring verification of client identity and suitability assessment

OFAC Compliance: Office of Foreign Assets Control requirements for screening and blocking prohibited transactions

State Privacy Laws: Various state-specific regulations governing data privacy and protection of personal information

CCPA: California Consumer Privacy Act providing California residents with data privacy rights

Uniform Commercial Code: Standardized set of business laws regulating commercial transactions across states

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

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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