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Financial Services Agreement
"I need a Financial Services Agreement for my Qatar-based investment management firm to provide portfolio management services to corporate clients, with specific provisions for handling both conventional and Islamic investment products, to be implemented by March 2025."
1. Parties: Identification of the parties, including regulatory status and licensing details
2. Background: Context of the agreement, relationship between parties, and regulatory framework being operated under
3. Definitions and Interpretation: Comprehensive definitions of terms, including regulatory and financial terms specific to Qatar
4. Scope of Services: Detailed description of financial services to be provided, including any limitations and exclusions
5. Regulatory Compliance: Obligations regarding QCB regulations, AML/CFT requirements, and other applicable regulatory requirements
6. Fees and Payment Terms: Fee structure, payment terms, currency, and payment methods
7. Client Obligations: Client responsibilities, including providing information, maintaining accounts, and compliance cooperation
8. Service Provider Obligations: Provider's duties, service standards, and regulatory compliance commitments
9. Representations and Warranties: Key statements and guarantees from both parties, including regulatory status and capacity
10. Confidentiality and Data Protection: Obligations regarding client data, banking secrecy, and compliance with Qatar's data protection laws
11. Risk Allocation: Risk management, liability provisions, and indemnification obligations
12. Term and Termination: Duration, renewal terms, and termination rights including regulatory triggers
13. Governing Law and Jurisdiction: Qatar law governance and jurisdiction provisions, including QFC jurisdiction if applicable
14. General Provisions: Standard boilerplate clauses adapted for Qatar law requirements
1. Shariah Compliance: Required when offering Islamic financial services, detailing compliance with Shariah principles
2. Sub-Contracting: Include when service provider may need to delegate services to third parties
3. Insurance: Detailed insurance requirements when services involve high-risk activities
4. Business Continuity: Required for critical financial services or when handling significant client assets
5. Marketing and Branding: Include when agreement involves co-branding or marketing of financial services
6. Intellectual Property: Required when proprietary trading platforms or financial software is involved
7. Force Majeure: While common in many jurisdictions, include detailed clause only if specifically relevant to service type
8. Anti-Corruption: Enhanced provisions required for international financial services or high-risk activities
1. Service Level Agreement: Detailed service performance metrics and standards
2. Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
3. Authorized Representatives: List of authorized signatories and decision-makers for both parties
4. Compliance Procedures: Detailed AML/CFT procedures and compliance requirements
5. Required Documentation: List of required client documentation and ongoing reporting requirements
6. Data Processing Terms: Detailed data protection and processing procedures
7. Service Territories: Geographical scope of services and applicable regulatory frameworks
8. Security Procedures: IT security and operational security requirements
9. Exit Plan: Detailed procedures for service termination and transition
Authors
Banking & Finance
Investment Services
Insurance
Islamic Banking
Financial Technology
Asset Management
Corporate Services
Government & Public Sector
Wealth Management
Capital Markets
Payment Services
Fund Management
Professional Services
Real Estate Finance
Legal
Compliance
Finance
Risk Management
Operations
Commercial
Business Development
Treasury
Regulatory Affairs
Corporate Services
Investment Management
Client Relations
Contract Management
Executive Leadership
Chief Financial Officer
Legal Counsel
Compliance Officer
Risk Manager
Financial Controller
Investment Manager
Relationship Manager
Operations Director
Chief Executive Officer
Commercial Director
Head of Legal
Head of Compliance
Treasury Manager
Contract Manager
Business Development Manager
Chief Operating Officer
Finance Director
Regulatory Affairs Manager
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