The Fund Distribution Agreement is essential for investment fund companies seeking to distribute their funds through third-party distributors in Denmark. This agreement is required when establishing new distribution relationships and must comply with Danish financial regulations, including the Danish Financial Business Act and MiFID II implementation requirements. It sets out the framework for how funds can be marketed and sold to investors, covering regulatory obligations, operational procedures, and commercial terms. The document is particularly important given Denmark's strict financial services regulations and the need to ensure proper investor protection. It includes detailed provisions on distributor obligations, compliance requirements, commission structures, and service levels, while ensuring adherence to Danish and EU regulatory requirements.
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Key Requirements PROMPT example:
Fund Distribution Agreement
I need a Fund Distribution Agreement governed by Danish law for appointing a major bank as distributor of our UCITS funds, with specific provisions for digital distribution channels and online client onboarding, planned to be effective from March 2025.
1. Parties: Identification of the fund company/management company and the distributor, including regulatory status and authorizations
2. Background: Context of the agreement, including brief description of the funds and distribution arrangement
3. Definitions: Key terms used throughout the agreement, including regulatory terminology
4. Appointment and Scope: Terms of distributor appointment, territory, and scope of distribution rights
5. Regulatory Compliance: Obligations regarding regulatory requirements, licenses, and authorizations
6. Distribution Services: Detailed description of permitted distribution activities and service levels
7. Marketing and Promotion: Rules for marketing the funds, approval processes, and compliance with marketing regulations
8. Subscription and Redemption Procedures: Process for handling investor transactions and related documentation
9. Fees and Commission: Commission structure, payment terms, and any trailer fees
10. Anti-Money Laundering and KYC: AML/KYC obligations and procedures
11. Representations and Warranties: Standard and regulatory-specific representations from both parties
12. Record Keeping and Reporting: Requirements for maintaining records and providing reports
13. Data Protection: GDPR compliance and data handling requirements
14. Term and Termination: Duration, renewal, and termination provisions
15. Confidentiality: Protection of confidential information
16. Liability and Indemnification: Allocation of liability and indemnification obligations
17. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions
1. White Labeling: Include when distributor will offer funds under their own branding
2. Online Distribution: Include for specific provisions relating to online/digital distribution platforms
3. Sub-Distribution Rights: Include if distributor is permitted to appoint sub-distributors
4. Investment Advice: Include if distributor will provide investment advice related to the funds
5. Service Level Agreement: Include for detailed operational performance metrics and standards
6. Insurance Requirements: Include when specific insurance coverage is required from distributor
7. Local Registration Requirements: Include for cross-border distribution requiring local registration
1. List of Funds: Details of funds approved for distribution, including ISIN codes and share classes
2. Commission Schedule: Detailed commission rates, calculations, and payment terms
3. Operating Procedures: Detailed operational procedures for subscriptions, redemptions, and reporting
4. Marketing Guidelines: Specific requirements and procedures for marketing materials
5. Contact Details: Key contacts and escalation procedures for both parties
6. Technical Requirements: IT specifications and requirements for system integration
7. Compliance Procedures: Detailed compliance procedures and checklists
8. Required Documentation: Templates and forms for investor documentation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Investment Management
Banking
Wealth Management
FinTech
Asset Management
Insurance
Investment Advisory
Fund Administration
Relevant Teams
Legal
Compliance
Distribution
Sales
Business Development
Operations
Product Management
Client Services
Risk Management
Marketing
Relevant Roles
Head of Distribution
Legal Counsel
Compliance Officer
Distribution Manager
Sales Director
Business Development Manager
Fund Manager
Product Manager
Relationship Manager
Chief Operating Officer
Head of Legal
Head of Compliance
Commercial Director
Partnership Manager
Operations Manager
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