The Financial Advisory Agreement serves as the foundational document governing the relationship between financial advisors and their clients in the United States. This agreement is essential when establishing professional investment advisory services and must comply with the Investment Advisers Act of 1940, SEC regulations, and state-specific requirements. It typically covers comprehensive terms including service scope, fee structures, fiduciary obligations, risk disclosures, and regulatory compliance measures. The agreement is particularly crucial for registered investment advisors and firms providing ongoing financial guidance to clients.
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Financial Advisory Agreement
"I need a Financial Advisory Agreement for my wealth management firm to provide comprehensive investment advisory services to high-net-worth individuals, including portfolio management and retirement planning, with SEC compliance requirements and a fee structure based on assets under management."
1. Parties: Identifies all parties to the agreement, including their legal names and addresses
2. Background/Recitals: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the specific financial advisory services to be provided
5. Fees and Payment Terms: Outlines compensation structure, payment schedule, and expense reimbursement
6. Fiduciary Obligations: Details the advisor's fiduciary responsibilities and standard of care
7. Confidentiality: Provisions regarding protection of confidential information
8. Term and Termination: Duration of agreement and conditions for termination
1. Performance Reporting: Details on how and when performance will be reported - include when managing investment portfolios
2. Custody Arrangements: Details about custody of client assets - include when advisor has custody or access to client funds
3. Sub-Advisory Relationships: Terms regarding use of sub-advisors - include when third-party advisors may be engaged
4. Insurance Requirements: Professional liability insurance obligations - include when required by regulatory requirements or risk management
1. Fee Schedule: Detailed breakdown of all fees and charges
2. Investment Policy Statement: Client's investment objectives and constraints
3. Regulatory Disclosures: Required regulatory disclosures including Form ADV
4. Service Level Agreement: Specific service standards and response times
5. Privacy Policy: Detailed privacy and data protection policies
6. Risk Disclosure Statement: Comprehensive disclosure of investment risks
Authors
Advisor
Agreement
Assets Under Management
Business Day
Client
Confidential Information
Custody
Effective Date
Fees
Fiduciary Duty
Investment Objectives
Investment Policy Statement
Investment Strategy
Material Adverse Effect
Party/Parties
Professional Services
Regulatory Authority
Representatives
SEC
Securities
Services
Sub-Advisor
Term
Termination Date
Third Party Service Providers
Transaction
Affiliate
Applicable Law
Force Majeure Event
Investment Account
Portfolio
Risk Profile
Trading Authorization
Appointment and Authority
Scope of Services
Fiduciary Obligations
Investment Discretion
Fees and Compensation
Billing and Payment
Confidentiality
Privacy Policy
Conflicts of Interest
Risk Disclosure
Representations and Warranties
Term and Termination
Limitation of Liability
Indemnification
Assignment
Force Majeure
Regulatory Compliance
Reports and Records
Communications
Custody Arrangements
Dispute Resolution
Governing Law
Amendments
Entire Agreement
Severability
Non-Solicitation
Death or Disability
Electronic Delivery
Best Execution
Proxy Voting
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