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.
3. FEES
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
Client’s Fund.
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
Client’s Fund
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
Client.
F. The Fund Manager shall have the authority to perform and do all things necessary for