This is an agreement between a client and a fund manager whereby the client engages
the services of the fund manager for the purposes of making investment decisions on
the client’s behalf. The agreement includes the services to be provided, the fees, and
sets out the powers, duties and obligations of the fund manager. It contains numerous
standard provisions as well as opportunities for customization to address the specific
needs of the parties. This document is ideal for any individual or entity that wants to
hire a qualified fund manager to make investment decisions on their behalf.
FUND MANAGER AGREEMENT
THIS FUND MANAGER AGREEMENT (the “Agreement”), made this ____ day of
__________, 2________ (the “Effective Date”) by and between _______________ (the
“Client”) and ________________ (the “Fund Manager”).
WHEREAS the Fund Manager provides investment and management advice to its Clients
in respect of the Client’s Funds and manages all affairs and activities of the Client’s Fund.
AND WHEREAS the Client is desirous of appointing and retaining the services of the
Fund Manager for the management of the affairs of the Client’s Fund.
NOW THEREOF IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
1. APPOINTMENT OF FUND MANAGER
A. The Client hereby appoints the Fund Manager to provide services for and in respect
of the Client’s Funds in accordance with the provisions of this Agreement.
B. The Fund Manager shall have absolute and unfettered discretion and authority to
manage, invest and reinvest the Client’s Funds.
2. SERVICES OF FUND MANAGER
A. The Fund Manager shall provide services which shall include investment
management, the responsibility of managing and renewing the Fund, the buying and
selling of securities and such other actions so as to ensure that all benefits accrue to
the Client’s Fund and to make the day to day decisions in respect of the Fund in
accordance with this Agreement.
B. The Fund Manager shall at its absolute discretion manage the Fund of the Client.
C. Any and all actions taken by the Fund Manager under the terms and conditions of this
Agreement shall be performed in accordance with the investment objections and
restrictions of the Fund.
D. Any and all transactions in investments made, done or performed by the Fund
Manager shall be subject to the constitutions, by-laws, rules, regulations, customs,
usages, rulings and interpretations of the relevant exchange or other markets where
the transactions are executed, to the codes and to all other applicable laws, including
the regulations of any governmental agency.
A. The Client will pay to the Fund Manager a Management Fee of _______________
($_________) Dollars (the “Management Fee”).
B. The Client will pay all of his/her/its own expenses, including but not limited to, any
governmental fees, interest charges, taxes fees and expenses of the Client’s
independent auditors and legal counsel, brokerage and other expenses connected with
the Fund, any insurance premiums, fees and expenses and any fees associated with
maintaining books and records.
C. The Client will pay the Management Fee to the Fund Manager for services rendered
and the Client authorizes the Fund Manager to debit the Client’s account for all of the
costs, expenses and charges referred to in Section 3(B) for the services rendered by
the Fund Manager or the fees incurred by any third party in connection with the
D. In the event the Client fails to pay the Management Fee due and payable to the Fund
Manager, the Fund Manager is hereby authorized by the Client to sell any securities
forming part of the Client’s Fund at its sole and absolute discretion and shall debit the
Client’s account for any outstanding fees or charges.
4. POWERS, DUTIES AND OBLIGATIONS OF FUND MANAGER
A. The Client hereby authorizes the Fund Manager to do all acts and things in its sole
and absolute discretion on behalf of the Client which may be required to manage the
B. The Fund Manager shall provide monthly reports to the Client of the details and
transactions in respect of the Client’s Fund.
C. The Fund Manager will maintain all books and records relating to transactions which
have taken place in respect of the Client’s Fund and shall at all times comply with the
applicable regulations and guidelines.
D. The Fund Manager may enter into any contract with any corporation or any other
organization for the purposes of securing any insurance coverage for the benefit of
the Client in respect to the Fund.
E. The Fund Manager shall have the authority to open any bank accounts on behalf of
the Client which may be required for the Fund and to operate same on behalf of the
F. The Fund Manager shall have the authority to perform and do all things necessary for
the purpose of managing the Client’s Fund.
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G. The Fund Manager shall not at any time or times receive any direct or indirect benefit
out of the Client’s Fund.
H. The Fund Manager shall take all steps from time to time as may be necessary to fulfill
the terms and conditions of this Agreement without any limitation.
5. FUND INVESTMENT GUIDELINES
A. The Fund Manager shall have the sole and absolute discretion to invest the Client’s
Fund in such securities, capital and money market instruments or in fixed income
securities of any kind including:
i. equity and equity related securities;
iii. government and trustee securities;
iv. mutual funds;
v. tradable and other warrants;
vi. private equity proposals; and
vii. any other eligible type of investment.
B. The powers granted herein and exercised by the Fund Manager shall be binding and
final on the Client and the Client shall be deemed to have approved and ratified any
such investment or investments made by the Fund Manager from time to time.
C. The Fund Manager shall observe a high standard of integrity and fair dealing in all
transactions involving the Client’s Fund.
D. The Fund Manager shall maintain appropriate records for every transaction
undertaken in respect of the Client’s Fund and the records shall indicate the data,
facts and opinion leading to the decision of the Fund Manager to conduct the
E. The Fund Manager may, from time to time purchase or sell securities among its
clients at the prevailing market price and shall ensure that any transaction of purchase
or sale will be at the prevailing market price.
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6. GENERAL PROVISIONS
A. Any notice or other communication under or for the purposes of this Agreement shall
be given or made in writing, marked Private and Confidential, and shall be served
personally or by courier or mailed by prepaid registered mail:
i. in the case of the Client, to:
ii. in the case of the Fund Manager, to:
or to such other address as the parties shall have last notified in the manner provided
herein. The date of receipt of any such notice or other communication shall be
deemed to be the date of delivery of such notice or other communication if served
personally or by courier (provided, however, that no notice or other communication
shall be delivered by courier to a residential address), or if mailed as aforesaid, the
fourth day of business following the date of mailing, provided that no day on which
there is an interruption of postal service which would affect such mailing shall be a
day for determining whether effective notice has been given.
B. This Agreement shall enure to the benefit of, and be binding on, the parties hereto and
their respective successors and permitted assigns. No party to this Agreement may
assign or transfer, whether absolutely, by way of security or otherwise, all or any part
of its respective rights or obligations under this Agreement without the prior written
consent of the other party.
C. Failure on the part of either party to insist upon strict compliance by the other with
any of the terms, covenants or conditions hereof shall not be deemed a waiver of such
term, covenant or condition.
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D. The invalidity or unenforceability of any provision hereof, or of the application of
any provision hereof to any circumstances, shall in no way affect the validity or
enforceability of any other provision, or the application of such provision to any other
E. This instrument contains the entire agreement between the parties relating to the
subject matter hereof.
F. No modification of or amendment to this Agreement, nor any waiver of any rights
under this Agreement, shall be effective unless in writing signed by the Client and the
G. Should any provision or provisions of this Agreement and/or its conditions be illegal
or not enforceable, it or they shall be considered separate and severable from this
Agreement and its remaining provisions and conditions shall remain in force and be
binding upon the parties hereto as though they said provision or provisions or
conditions had never been included.
H. This Agreement shall be governed in accordance with the laws of the State of
IN WITNESS WHEREOF the Parties have executed this Agreement on the day and
year first written above.
I have authority to bind the Company.
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