The Discretionary Investment Management Agreement is essential for establishing professional investment management relationships in Indonesia. It is used when a client wishes to delegate investment decision-making authority to a licensed investment manager regulated by OJK (Financial Services Authority). The agreement must comply with Law No. 8 of 1995 on Capital Markets and various OJK regulations, particularly POJK.04/2015 on Investment Manager conduct. The document covers crucial elements including investment mandate, risk parameters, fee structures, reporting requirements, and regulatory compliance obligations. It's particularly important for institutional investors, high-net-worth individuals, and corporate entities seeking professional portfolio management services in Indonesia's growing investment management sector.
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Key Requirements PROMPT example:
Discretionary Investment Management Agreement
"I need a Discretionary Investment Management Agreement for an Indonesian pension fund client, with specific provisions for Shariah-compliant investments and quarterly reporting requirements, to be effective from March 1, 2025."
1. Parties: Identification of the Investment Manager and the Client, including licensing and registration details as required by OJK
2. Background: Context of the agreement, including confirmation of the client's intention to appoint the investment manager
3. Definitions and Interpretation: Key terms used in the agreement, including regulatory-specific terminology
4. Appointment and Authority: Formal appointment of the investment manager and scope of discretionary authority
5. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any restrictions on investments
6. Services and Obligations: Detailed description of services to be provided and obligations of the investment manager
7. Client's Obligations: Client's responsibilities, including information provision and compliance with regulations
8. Fees and Expenses: Management fees, performance fees, and other charges, including calculation methods
9. Representations and Warranties: Standard and regulatory-required representations from both parties
10. Risk Disclosure: Mandatory risk warnings and acknowledgments as required by OJK
11. Reporting and Valuations: Reporting obligations, frequency, and content requirements
12. Confidentiality: Confidentiality obligations and permitted disclosures
13. Conflicts of Interest: Management of potential conflicts and disclosure requirements
14. Liability and Indemnification: Scope of liability and indemnification provisions compliant with Indonesian law
15. Term and Termination: Duration, renewal, and termination provisions
16. Governing Law and Dispute Resolution: Indonesian law as governing law and dispute resolution mechanisms
1. Soft Dollar Arrangements: Include when the manager uses soft dollar arrangements, requiring specific disclosure under OJK regulations
2. Foreign Investment Provisions: Include when portfolio includes foreign investments, addressing currency risks and foreign regulations
3. Shariah Compliance: Include for Shariah-compliant investment management services
4. Proxy Voting Rights: Include when the manager may exercise voting rights attached to investments
5. Sub-Manager Arrangements: Include when sub-managers may be appointed
6. Electronic Trading Provisions: Include when electronic trading platforms will be used
7. Force Majeure: Optional broader force majeure provisions beyond standard market disruption events
1. Investment Guidelines: Detailed investment objectives, strategy, restrictions, and benchmarks
2. Fee Schedule: Detailed breakdown of all fees, charges, and calculation methodologies
3. Risk Disclosure Statement: Comprehensive risk disclosures as required by OJK regulations
4. Authorized Persons: List of persons authorized to give instructions on behalf of the client
5. Reporting Requirements: Detailed reporting formats, frequency, and content requirements
6. Anti-Money Laundering Requirements: AML documentation and ongoing monitoring requirements
7. Contact Details: Contact information for notices and communications
8. Power of Attorney: Formal power of attorney document if required under Indonesian law
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Investment Management
Asset Management
Private Banking
Wealth Management
Insurance
Pension Funds
Corporate Treasury
Family Offices
Islamic Finance
Relevant Teams
Legal
Compliance
Risk Management
Investment Management
Client Services
Operations
Portfolio Administration
Due Diligence
Investment Strategy
Wealth Management
Relevant Roles
Investment Manager
Portfolio Manager
Chief Investment Officer
Legal Counsel
Compliance Officer
Risk Manager
Client Relationship Manager
Investment Advisor
Operations Manager
Fund Administrator
Director of Asset Management
Wealth Manager
Investment Consultant
Due Diligence Officer
Portfolio Analyst
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