Fund Manager Agreement
This agreement sets out the services to be provided, the
fees to be paid by the Client to the Fund Manager and
sets out the powers, duties and obligations of the Fund
Who needs this document?
Persons who seek a comprehensive agreement with
those in charge of their finances
Financiers/Fund Managers who want set the terms of
ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY, INCLUDING AS TO LEGAL EFFECT OR COMPLETENESS. They are
for guidance and should be modified by you or your attorney to meet your specific needs and
the laws of your state. Use at your own risk. Docstoc, its employees or contractors who wrote
or modified any form, are NOT providing legal or any other kind of advice and are not creating
or entering into an Attorney-Client relationship. The information and forms are not a
substitute for the advice of your own attorney. Subject to our Terms of Service
(http://www.docstoc.com/popterm.aspx?page_id=15). See back cover page and read more
here (http://www.docstoc.com/popterm.aspx?page_id114) for additional disclaimers and
© Copyright 2011 more. This document
Docstoc Inc. registered documentis not approved, endorsed by, or affiliated with any State, or
proprietary, copy not
governmental or licensing entity.
Entire document © Docstoc, Inc., 2010, 2011
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:
1.00 APPOINTMENT OF FUND MANAGER
1.01 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.
1.02 The Fund Manager shall have absolute and unfettered discretion and authority to manage,
invest and reinvest the Client’s Funds.
2.00 SERVICES OF FUND MANAGER
2.01 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.
2.02 The Fund Manager shall at its absolute discretion manage the Fund of the Client.
2.03 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
2.04 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.
© Copyright 2011 Docstoc Inc. 2
3.01 The Client will pay to the Fund Manager a Management Fee of _______________
($_________) Dollars (the “Management Fee”).
3.02 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.
3.03 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 Article 3.02 for the services rendered by the Fund Manager or the fees
incurred by any third party in connection with the Client’s Fund.
3.04 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.
4.00 POWERS, DUTIES AND OBLIGATIONS OF FUND MANAGER
4.01 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 Client’s Fund
4.02 The Fund Manager shall provide monthly reports to the Client of the details and
transactions in respect of the Client’s Fund.
4.03 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.
4.04 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.
4.05 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 Client.
4.06 The Fund Manager shall have the authority to perform and do all things necessary for
the purpose of managing the Client’s Fund.
4.07 The Fund Manager shall not at any time or times receive any direct or indirect benefit
out of the Client’s Fund.
© Copyright 2011 Docstoc Inc. 3
4.08 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.
5.00 FUND INVESTMENT GUIDELINES
5.01 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
(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.
5.02 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.
5.03 The Fund Manager shall observe a high standard of integrity and fair dealing in all
transactions involving the Client’s Fund.
5.04 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 transaction.
5.05 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.
© Copyright 2011 Docstoc Inc. 4
6.00 GENERAL PROVISIONS
6.01 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:
(a) in the case of the Client, to:
(b) 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.
6.02 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.
6.03 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
© Copyright 2011 Docstoc Inc. 5
6.04 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 circumstances.
6.05 This instrument contains the entire agreement between the parties relating to the subject
6.06 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 Fund Manager.
6.07 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.
6.08 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.
© Copyright 2011 Docstoc Inc. 6