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Investment Management Contract for Germany

Investment Management Contract Template for Germany

A comprehensive legal agreement governed by German law that establishes and regulates the relationship between an investment manager and their client for the professional management of investment assets. The document complies with German financial regulations, including the Kapitalanlagegesetzbuch (KAGB) and Wertpapierhandelsgesetz (WpHG), and sets out the terms for investment management services, including investment objectives, strategy, fees, reporting requirements, and risk management procedures. It incorporates necessary regulatory requirements, fiduciary duties, and operational procedures while ensuring compliance with German and EU financial services legislation.

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What is a Investment Management Contract?

The Investment Management Contract is a crucial document used to establish a formal relationship between investment managers and their clients in Germany. It is required whenever a professional investment manager takes on the responsibility of managing client assets under German law. The contract must comply with strict regulatory requirements set out in German financial legislation, particularly the Kapitalanlagegesetzbuch (KAGB) and related regulations. This document covers essential elements including investment strategy, risk management, fee structures, reporting obligations, and regulatory compliance requirements. It is designed to protect both the investment manager and the client while ensuring transparency and compliance with German and EU financial regulations. The contract is particularly important given Germany's robust regulatory framework for financial services and the need for clear documentation of investment management relationships.

What sections should be included in a Investment Management Contract?

1. Parties: Identification of the investment manager and the client, including their legal status and contact details

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Appointment and Authority: Formal appointment of the investment manager and scope of their authority

5. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any restrictions

6. Services: Detailed description of investment management services to be provided

7. Client's Representations and Warranties: Client's confirmations regarding their status, authority, and understanding of risks

8. Manager's Representations and Warranties: Manager's confirmations regarding licenses, capabilities, and compliance

9. Fees and Expenses: Management fees, performance fees, and other charges

10. Reporting and Valuations: Requirements for periodic reporting, portfolio valuations, and performance measurement

11. Risk Disclosures: Mandatory risk warnings and disclosures under German law

12. Compliance and Anti-Money Laundering: Compliance obligations and AML requirements

13. Confidentiality and Data Protection: Confidentiality obligations and GDPR compliance

14. Liability and Indemnification: Extent of manager's liability and indemnification provisions

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

16. General Provisions: Standard legal provisions including notices, amendments, governing law, etc.

What sections are optional to include in a Investment Management Contract?

1. Delegation: Required if the manager will delegate any functions to third parties

2. Custody Arrangements: Required if separate custody arrangements need to be specified

3. Performance Benchmarks: Include when specific performance benchmarks are agreed

4. ESG Investment Criteria: Required for sustainable or ESG-focused investment mandates

5. Currency Hedging: Include when currency hedging services are provided

6. Securities Lending: Required if securities lending is permitted

7. Investment Committee: Include if an investment committee will be established

8. Side Letter Provisions: Required for specific arrangements with individual clients

What schedules should be included in a Investment Management Contract?

1. Investment Guidelines: Detailed investment restrictions, limits, and permitted investments

2. Fee Schedule: Detailed breakdown of all fees, charges, and calculation methods

3. Authorized Persons: List of persons authorized to give instructions on behalf of the client

4. Reporting Requirements: Detailed specifications for reports, including format and frequency

5. Risk Management Procedures: Detailed risk management and monitoring procedures

6. Service Level Agreement: Specific service levels and performance standards

7. KAGB Disclosures: Mandatory disclosures required under the German Investment Code

8. Data Processing Agreement: GDPR-compliant data processing terms and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use

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