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Discretionary Investment Management Agreement Template for Indonesia

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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."

What is a Discretionary Investment Management Agreement?

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.

What sections should be included in a Discretionary Investment Management Agreement?

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

What sections are optional to include in a Discretionary Investment Management Agreement?

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

What schedules should be included in a Discretionary Investment Management Agreement?

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

Alex Denne

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

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

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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