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Asset Management Contract for Australia

Asset Management Contract Template for Australia

An Asset Management Contract governed by Australian law that establishes the terms and conditions for professional management of assets on behalf of clients. The document complies with Australian financial services regulations, including the Corporations Act 2001 and ASIC requirements. It covers key aspects such as investment authority, performance obligations, risk management, reporting requirements, fee structures, and regulatory compliance. The contract incorporates specific provisions for Australian market conditions and regulatory framework, while addressing both mandatory and optional components based on the nature of assets under management.

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What is a Asset Management Contract?

This Asset Management Contract is designed for use in the Australian market where a professional asset manager is appointed to manage assets on behalf of a client. The document is essential when establishing a formal relationship between asset managers and their clients, whether they are institutional investors, corporations, or high-net-worth individuals. It complies with Australian financial services regulations, including the Corporations Act 2001, ASIC requirements, and relevant state laws. The contract covers crucial elements such as investment scope, authority limits, performance obligations, risk management, reporting requirements, and fee structures. It's particularly relevant in scenarios involving significant asset portfolios requiring professional management and regulatory oversight within the Australian jurisdiction.

What sections should be included in a Asset Management Contract?

1. Parties: Identifies the asset manager and the client, including full legal names and addresses

2. Background: Context of the agreement, including client's objectives and manager's qualifications

3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement

4. Appointment and Authority: Formal appointment of the asset manager and scope of authority

5. Services and Obligations: Detailed description of asset management services and manager's obligations

6. Client's Obligations: Responsibilities and obligations of the client

7. Investment Guidelines: Parameters and restrictions for investment decisions and asset management

8. Compliance and Reporting: Regulatory compliance requirements and reporting obligations

9. Fees and Expenses: Fee structure, payment terms, and reimbursable expenses

10. Risk Management: Risk management procedures and controls

11. Representations and Warranties: Standard representations and warranties from both parties

12. Liability and Indemnification: Limitations of liability and indemnification provisions

13. Confidentiality: Confidentiality obligations and information handling

14. Term and Termination: Contract duration, renewal, and termination provisions

15. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution

What sections are optional to include in a Asset Management Contract?

1. Environmental, Social and Governance (ESG): Include when client requires specific ESG considerations in asset management

2. Sub-Manager Appointments: Include when the asset manager may need to appoint sub-managers

3. International Assets: Include when portfolio includes international assets requiring specific provisions

4. Physical Asset Management: Include when contract covers physical assets requiring maintenance and operation

5. Transition Services: Include when specific transition arrangements are required at start or end of contract

6. Currency Risk Management: Include when managing assets in multiple currencies

7. Conflicts of Interest: Include when specific conflict management procedures are required

8. Cyber Security: Include when specific data security requirements are needed

What schedules should be included in a Asset Management Contract?

1. Schedule 1 - Asset Register: Detailed list of assets under management

2. Schedule 2 - Fee Schedule: Detailed breakdown of management fees, performance fees, and other charges

3. Schedule 3 - Service Level Agreement: Specific service standards and performance metrics

4. Schedule 4 - Investment Guidelines: Detailed investment parameters, restrictions, and benchmarks

5. Schedule 5 - Reporting Requirements: Templates and specifications for regular reporting

6. Schedule 6 - Key Personnel: List of key personnel assigned to manage the assets

7. Schedule 7 - Operating Procedures: Detailed operational procedures and protocols

8. Appendix A - Compliance Checklist: Regulatory compliance requirements and procedures

9. Appendix B - Risk Management Framework: Detailed risk management procedures and controls

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

Jurisdiction

Australia

Publisher

Ƶ

Sector

Cost

Free to use
Relevant legal definitions


















































Clauses









































Relevant Industries

Financial Services

Investment Management

Real Estate

Infrastructure

Private Equity

Wealth Management

Banking

Insurance

Public Sector

Mining

Energy

Agriculture

Healthcare

Technology

Relevant Teams

Legal

Compliance

Risk Management

Investment Management

Operations

Finance

Treasury

Portfolio Management

Client Services

Due Diligence

Asset Management

Wealth Management

Investment Analysis

Relationship Management

Relevant Roles

Chief Investment Officer

Portfolio Manager

Asset Manager

Investment Director

Fund Manager

Chief Financial Officer

Treasury Manager

Risk Manager

Compliance Officer

Legal Counsel

Investment Analyst

Financial Controller

Operations Manager

Client Relationship Manager

Due Diligence Officer

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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