Investment Mandate Agreement

Investment Mandate Agreement Template for Malaysia

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Key Requirements PROMPT example:

"I need an Investment Mandate Agreement for a Malaysian corporate client who wants to invest RM 50 million in a mixed portfolio of domestic fixed income and equity securities, with quarterly reporting requirements and ESG investment restrictions, to commence from March 2025."

Document background

The Investment Mandate Agreement is a crucial document used in the Malaysian financial services sector when a client delegates investment management authority to a professional investment manager. It establishes the legal and operational framework for the investment relationship, ensuring compliance with Malaysian regulations including the Capital Markets and Services Act 2007 and Securities Commission guidelines. This agreement is essential for regulated investment activities in Malaysia, detailing investment objectives, strategies, risk parameters, fees, reporting requirements, and operational procedures. It protects both parties' interests while ensuring regulatory compliance and proper governance of investment activities. The document is particularly important given Malaysia's sophisticated financial markets and dual banking system that accommodates both conventional and Islamic investment mandates.

Suggested Sections

1. Parties: Identification of the investment manager and the client, including registration details and addresses

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Investment Objectives and Strategy: Agreed investment objectives, strategy, and any specific restrictions

6. Duties and Responsibilities: Detailed obligations of the investment manager and the client

7. Fees and Expenses: Management fees, performance fees, and other charges

8. Risk Disclosure: Disclosure of investment risks and market uncertainties

9. Compliance and Regulatory Requirements: Obligations under Malaysian law and regulatory requirements

10. Reporting and Valuations: Frequency and content of reports, valuation methods

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

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

15. Term and Termination: Duration of agreement and termination provisions

16. Governing Law and Dispute Re��ֱ��: Malaysian law as governing law and dispute re��ֱ�� procedures

Optional Sections

1. Shariah Compliance: Required for Islamic investment mandates, specifying Shariah investment principles and compliance requirements

2. Delegation: Include when the investment manager may delegate certain functions to third parties

3. Foreign Investment Provisions: Required when the mandate includes overseas investments

4. Performance Guarantees: Optional section for any guaranteed returns or capital preservation requirements

5. ESG Requirements: Include when environmental, social, and governance criteria are part of the investment mandate

6. Voting Rights: Required when the manager has authority to exercise voting rights for investments

7. Cash Management: Include when specific cash management procedures are required

8. Service Level Agreement: Optional section detailing specific service levels and performance metrics

Suggested Schedules

1. Investment Guidelines: Detailed investment parameters, restrictions, and permitted investments

2. Fee Schedule: Detailed breakdown of all fees, charges, and calculation methods

3. Authorized Persons: List of authorized signatories and their authority levels

4. Reporting Templates: Format and content requirements for regular reporting

5. Compliance Requirements: Detailed compliance procedures and requirements

6. Risk Management Procedures: Specific risk management and monitoring procedures

7. Contact Details: Contact information for key personnel and escalation procedures

8. Power of Attorney: If required, formal power of attorney for investment management activities

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Asset Management

Banking

Insurance

Pension Funds

Private Equity

Wealth Management

Islamic Finance

Investment Banking

Fund Management

Corporate Treasury

Family Offices

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Operations

Client Services

Portfolio Management

Finance

Treasury

Fund Administration

Internal Audit

Investment Committee

Shariah Advisory

Corporate Governance

Relevant Roles

Chief Investment Officer

Portfolio Manager

Investment Director

Compliance Officer

Legal Counsel

Risk Manager

Investment Analyst

Fund Manager

Treasury Manager

Chief Financial Officer

Investment Operations Manager

Client Relationship Manager

Shariah Compliance Officer

Investment Committee Member

Board Director

Corporate Treasurer

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