The Financial Advisory Services 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 financial advisory services and must comply with the Investment Advisers Act of 1940, state securities regulations, and other applicable laws. The document typically covers comprehensive service descriptions, fee structures, fiduciary obligations, risk disclosures, and regulatory compliance requirements. It's particularly crucial for registered investment advisors and firms providing ongoing financial guidance, portfolio management, or investment advisory services.
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Financial Advisory Services Agreement
"I need a Financial Advisory Services Agreement for my wealth management firm to provide comprehensive financial planning and investment advisory services to high-net-worth individuals, with specific provisions for international clients and ESG investment strategies."
1. Parties: Identification of the financial advisor and client, including legal status and contact details
2. Background: Context of the agreement and brief description of services to be provided
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of financial advisory services to be provided
5. Fees and Payment Terms: Compensation structure, payment schedule, and expenses
6. Term and Termination: Duration of agreement and conditions for termination
7. Confidentiality: Protection of client information and trade secrets
8. Fiduciary Duties: Advisor's obligations to act in client's best interest
9. Representations and Warranties: Statements of fact and promises made by both parties
10. Limitation of Liability: Extent and limitations of advisor's liability
1. Performance Reporting: Details of performance measurement and reporting methodologies - include when managing investment portfolios
2. Sub-Advisor Provisions: Terms governing use of sub-advisors - include when advisor may delegate responsibilities
3. Insurance Requirements: Professional liability insurance obligations - include when required by regulatory requirements or client preference
4. Non-Solicitation: Restrictions on soliciting employees or clients - include when protecting business relationships is crucial
1. Schedule A - Fee Schedule: Detailed breakdown of all fees and charges including management fees, performance fees, and expenses
2. Schedule B - Investment Policy Statement: Client's investment objectives, constraints, and guidelines
3. Schedule C - Disclosure Documents: Required regulatory disclosures and Form ADV
4. Schedule D - Service Level Agreement: Specific performance metrics and service standards
5. Schedule E - Authorized Representatives: List of authorized persons who can act on behalf of the client
Authors
Affiliate
Agreement
Advisory Services
Assets Under Management
Business Day
Client
Confidential Information
Custodian
Effective Date
Fees
Financial Advisor
Investment Guidelines
Investment Objectives
Investment Policy Statement
Laws
Material Adverse Effect
Personal Information
Professional Standards
Regulatory Authority
Representatives
SEC
Securities
Services
Sub-Advisor
Term
Termination Date
Transaction
Third Party Service Provider
Services and Scope
Fiduciary Duties
Fees and Compensation
Payment Terms
Term and Duration
Termination
Confidentiality
Non-Solicitation
Representations and Warranties
Investment Authority
Risk Disclosure
Limitations of Liability
Indemnification
Regulatory Compliance
Privacy and Data Protection
Record Keeping
Reporting Requirements
Communication Methods
Assignment
Force Majeure
Amendments
Governing Law
Dispute Resolution
Notices
Entire Agreement
Severability
Client Acknowledgments
Conflicts of Interest
Best Execution
Proxy Voting Rights
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