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Financial Advisory Agreement
"I need a Financial Advisory Agreement under South African law for my wealth management firm to provide personal investment advisory services to high-net-worth individuals, including offshore investment advice and discretionary portfolio management."
1. Parties: Identification of the Financial Advisor/Firm and the Client, including registration numbers and FSCA license details
2. Background: Context of the agreement and confirmation of the advisor's authority to provide financial services
3. Definitions: Key terms used throughout the agreement, including regulatory terminology
4. Scope of Services: Detailed description of financial advisory services to be provided, including any limitations
5. Advisor's Obligations: Responsibilities and duties of the advisor, including FAIS Act compliance requirements
6. Client's Obligations: Client's responsibilities, including providing accurate information and documentation
7. Fees and Payments: Fee structure, payment terms, and any additional costs
8. Risk Disclosures: Mandatory risk warnings and disclaimers as required by regulations
9. Confidentiality: Confidentiality obligations and handling of client information under POPIA
10. Duration and Termination: Term of agreement and termination provisions
11. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Discretionary Management: Required when advisor has authority to make investment decisions on client's behalf
2. Foreign Investment Services: Include when advisory services cover offshore investments
3. Online Services: Required when providing digital platforms or online advisory services
4. Insurance Intermediary Services: Include when advisor provides insurance-related advisory services
5. Corporate Advisory Services: Required for corporate or institutional clients
6. Referral Arrangements: Include when there are third-party referral relationships
7. Group Structure Services: Required when advisory services extend to client's group companies
1. Schedule A - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
2. Schedule B - Specific Services: Detailed description of specific financial advisory services selected by the client
3. Schedule C - Investment Risk Profile: Client's risk assessment and investment profile documentation
4. Schedule D - FICA Requirements: List of required FICA documentation and compliance requirements
5. Appendix 1 - Advisor Qualifications: Details of advisor's qualifications, registrations, and regulatory licenses
6. Appendix 2 - Disclosure Document: Mandatory disclosures required under FAIS Act
7. Appendix 3 - Complaint Procedures: Internal complaint resolution system and procedures
Authors
Agreement
Applicable Laws
Assets Under Advisement
Authorized Representative
Business Day
Client
Commencement Date
Confidential Information
Effective Date
FAIS Act
Fee Schedule
Financial Advisory Services
Financial Products
Financial Services Provider
FSCA
Investment Strategy
License
Mandate
Material Change
Notice
Parties
Personal Information
Professional Indemnity Insurance
Regulations
Related Services
Representatives
Risk Profile
Schedule
Services
Signature Date
Term
Termination Date
Territory
Transaction
Scope of Services
Regulatory Compliance
Representations and Warranties
Fees and Charges
Payment Terms
Risk Disclosures
Investment Objectives
Client Obligations
Advisor Obligations
Confidentiality
Data Protection
Intellectual Property
Record Keeping
Reporting
Conflict of Interest
Professional Indemnity
Liability and Indemnification
Force Majeure
Term and Duration
Termination
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendment
Anti-Money Laundering
Change Control
Financial Services
Wealth Management
Investment Banking
Insurance
Private Banking
Corporate Finance
Asset Management
Retirement Planning
Estate Planning
Tax Advisory
Risk Management
Legal
Compliance
Risk Management
Wealth Management
Investment Advisory
Client Services
Operations
Finance
Business Development
Corporate Advisory
Financial Advisor
Wealth Manager
Investment Consultant
Financial Planner
Compliance Officer
Legal Counsel
Risk Manager
Portfolio Manager
Client Relationship Manager
Managing Director
Chief Financial Officer
Investment Strategist
Estate Planner
Tax Consultant
Operations Manager
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