The Fund Subscription Agreement is a critical document used when investors wish to participate in an investment fund. Under English and Welsh law, this agreement serves as the primary contractual framework governing the relationship between the fund and its investors. It includes essential details such as subscription amounts, payment mechanisms, investor representations, and regulatory compliance requirements. The agreement must comply with various UK regulations, including the Financial Services and Markets Act 2000 and FCA requirements. It's particularly important for ensuring proper documentation of investment commitments and maintaining regulatory compliance in the UK investment funds sector.
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1. Parties: Identification of the fund, fund manager, and subscriber
2. Background: Context of the subscription and fund structure
3. Definitions: Key terms used throughout the agreement
4. Subscription: Details of the subscription amount and process
5. Representations and Warranties: Statements of fact and assurances from the subscriber
6. Payment Terms: Details of how and when payment should be made
7. Closing Conditions: Conditions that must be met before subscription is complete
1. Draw-down Provisions: Used for funds with capital call structures
2. Side Letter Rights: Include when certain investors receive special rights
3. Co-investment Rights: Include when investors have rights to co-invest in underlying investments
1. Subscription Form: Detailed form for subscriber information and investment amount
2. KYC Requirements: List of required documentation for anti-money laundering checks
3. Fund Terms: Summary of key fund terms and investment strategy
4. FATCA/CRS Forms: Tax reporting forms for international compliance
5. Wire Instructions: Banking details for subscription payment
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