The Risk Management Agreement serves as a foundational document for organizations seeking to establish formal risk management processes or engage external expertise for risk management services. This agreement is particularly relevant in Hong Kong's highly regulated business environment, where organizations must demonstrate robust risk management frameworks to comply with regulatory requirements. The document typically includes comprehensive provisions for risk assessment methodologies, reporting structures, compliance obligations, and service provider responsibilities. It is especially crucial for regulated entities under Hong Kong's Securities and Futures Ordinance and other relevant legislation, providing a clear framework for risk identification, assessment, mitigation, and ongoing monitoring processes.
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1. Parties: Identification of the contracting parties - typically the risk management service provider and the client organization
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement, including technical risk management terminology
4. Scope of Services: Detailed description of risk management services to be provided, including specific risk areas covered
5. Service Provider's Obligations: Key responsibilities and duties of the risk management service provider
6. Client's Obligations: Responsibilities and duties of the client, including information provision and cooperation
7. Risk Assessment Methodology: Agreed approach and framework for conducting risk assessments
8. Reporting and Documentation: Requirements for risk reports, documentation, and communication protocols
9. Fees and Payment Terms: Financial terms, fee structure, and payment conditions
10. Confidentiality: Provisions for handling confidential information and data protection obligations
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Force Majeure: Provisions for handling unforeseen circumstances and events beyond parties' control
14. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
1. Regulatory Compliance: Specific section for regulated entities requiring detailed compliance procedures and obligations
2. Insurance Requirements: Detailed insurance obligations when specific coverage is required for risk management services
3. Business Continuity: Provisions for ensuring continuity of risk management services in emergency situations
4. Cybersecurity Requirements: Specific provisions for digital security when handling sensitive data electronically
5. Third-Party Service Providers: Provisions governing the use of subcontractors or third-party service providers
6. Intellectual Property Rights: Provisions for IP rights when proprietary risk management tools or methodologies are involved
7. Data Processing Agreement: Detailed data handling provisions when extensive personal data processing is involved
8. Service Level Agreement: Specific performance metrics and service levels when required by the client
1. Schedule 1: Service Description: Detailed breakdown of risk management services and methodologies
2. Schedule 2: Fee Schedule: Detailed fee structure, including any variable fees based on service scope
3. Schedule 3: Service Levels: Specific performance metrics and service level requirements
4. Schedule 4: Reporting Ƶ: Standard formats for risk assessment reports and documentation
5. Schedule 5: Key Personnel: List of key team members and their roles in providing the services
6. Schedule 6: Risk Assessment Procedures: Detailed procedures and methodologies for risk assessment
7. Appendix A: Compliance Requirements: Specific regulatory and compliance requirements applicable to the services
8. Appendix B: Technical Requirements: Technical specifications for any risk management systems or tools
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