The Money Management Contract serves as a critical legal framework for establishing professional financial management relationships in Nigeria. It is essential when individuals, corporations, or institutions engage professional money managers or financial institutions to manage their investments and financial assets. The document ensures compliance with Nigerian financial regulations, including BOFIA 2020, Investment and Securities Act 2007, and anti-money laundering laws. It comprehensively covers investment strategies, risk management, fee structures, reporting obligations, and fiduciary responsibilities. This contract type is particularly important in the Nigerian context, where financial sector regulation has evolved significantly, requiring detailed documentation of financial management relationships and clear delineation of responsibilities between parties.
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1. Parties: Identification of the money manager and the client, including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Key terms used throughout the agreement, including financial and technical terms
4. Scope of Services: Detailed description of money management services to be provided, including investment strategies and limitations
5. Appointment and Authority: Formal appointment of the money manager and extent of their authority to manage funds
6. Client Representations and Warranties: Client's confirmations regarding their financial status, understanding of risks, and legal capacity
7. Manager Representations and Warranties: Money manager's confirmations regarding qualifications, licenses, and regulatory compliance
8. Fees and Charges: Detailed fee structure, payment terms, and calculation methods
9. Risk Disclosure: Comprehensive disclosure of investment and market risks
10. Compliance with Laws: Commitment to comply with Nigerian financial regulations and anti-money laundering laws
11. Reporting and Communications: Requirements for periodic reports, account statements, and communication protocols
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Confidentiality: Protection of confidential information and trade secrets
14. Liability and Indemnification: Extent of manager's liability and mutual indemnification provisions
15. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law
1. Foreign Exchange Provisions: Required when dealing with international investments or foreign currency transactions
2. Sub-Advisory Arrangements: Needed when external investment advisors or sub-managers may be engaged
3. Electronic Trading Authorization: Required when online trading platforms will be used
4. Joint Account Provisions: Necessary when the client account has multiple holders
5. Islamic Banking Compliance: Required for Sharia-compliant money management services
6. Power of Attorney: Optional section granting specific legal powers to the money manager
7. Special Investment Instructions: Used when client has specific investment restrictions or preferences
1. Schedule A - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
2. Schedule B - Investment Guidelines: Specific investment objectives, strategies, and restrictions
3. Schedule C - Authorized Persons: List of individuals authorized to give instructions on behalf of client
4. Schedule D - Risk Disclosure Statement: Detailed description of all potential risks associated with investments
5. Schedule E - Reporting Ƶ: Format and content requirements for periodic reports
6. Appendix 1 - KYC Documentation: Required Know Your Customer documentation and verification forms
7. Appendix 2 - Regulatory Disclosures: Mandatory disclosures required by Nigerian financial regulations
8. Appendix 3 - Operating Procedures: Detailed procedures for account operations and transactions
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