Investment Advisory Agreement An Investment Advisory Agreement formalizes the relationship between an investment advisor and a client, specifying advisory services, fees, and client objectives.
1.1. Scope of Services
Subject to the terms and conditions of this Agreement, Advisor agrees to provide Client with investment advisory services which shall include, but not be limited to:
2.1. Information and Cooperation
Client agrees to provide Advisor with complete, accurate, and up-to-date information regarding Client's financial situation, investment objectives, and any other relevant information necessary for Advisor to render the services. Client agrees to notify Advisor of any material changes in financial circumstances or investment objectives that may require a revision of Client's investment strategy.
3.1. Advisory Fees
For the services provided under this Agreement, Client shall pay Advisor an annual advisory fee (the "Advisory Fee"). The Advisory Fee shall be calculated as a percentage of the market value of the assets held in Client's investment portfolio ("Assets Under Management") at the end of each calendar quarter and shall be billed quarterly in arrears at the following rates:
Payment can be made by check or via direct debit from the Client's custodian account at a bank, savings and loan association, or trust company, as designated by Advisor.
3.2. Other Fees and Expenses
Client may incur additional fees and expenses in connection with the management of their investment portfolio, such as brokerage fees, transaction costs, and taxes. Such fees and expenses are separate from and in addition to the Advisory Fee and shall be borne solely by Client. Advisor will not be liable for any such fees and expenses.
4.1. Determination of Investment Objectives
Client's investment objectives, as determined through consultation with Advisor and based on the information provided by Client, are as follows: [insert specific investment objectives, e.g., capital preservation, income generation, long-term capital growth].
4.2. Investment Restrictions
Any investment restrictions imposed by Client must be provided to Advisor in writing (the "Investment Restrictions"). Advisor shall not be required to take any action or provide any advice that may, in Advisor's sole opinion, conflict with or jeopardize Client's investment objectives or violate any applicable laws, regulations, or industry best practices.
5.1. Regular Reporting
Advisor shall provide Client with written reports on a quarterly basis detailing the performance, asset allocation, and other relevant information concerning the Client's investment portfolio. All reports shall be provided to Client by mail, email, or other generally accepted means of delivery.
5.2. Annual Review
Advisor shall conduct an annual review of Client's investment portfolio, including a review of Client's financial situation, investment objectives, risk tolerance, and portfolio performance, as well as any changes in applicable laws, regulations, or market conditions. Client agrees to cooperate in good faith in providing any required information or assistance necessary for the conduct of the annual review.
6.1. Termination Rights
Either party may terminate this Agreement at any time, without cause, upon written notice to the other party. Upon termination, Client shall be entitled to a prorated refund of any prepaid and unearned Advisory Fees, and Advisor shall have no further obligation to perform services or provide advice under this Agreement.
6.2. Survival of Certain Provisions
Sections 3 (Fees and Expenses), 7 (Indemnification and Limitation of Liability), and 8 (Miscellaneous) shall survive the termination of this Agreement.
7.1. Indemnification
Each party (the "Indemnifying Party") agrees to indemnify and hold harmless the other party, its affiliates, directors, officers, employees, and agents (the "Indemnified Party") from and against any and all losses, liabilities, damages, claims, and expenses (including reasonable attorney's fees) arising out of the Indemnifying Party's breach of this Agreement.
7.2. Limitation of Liability
Except for cases involving willful misconduct, gross negligence, or violation of applicable laws, Advisor's liability for any losses or damages suffered by Client in connection with this Agreement shall be limited to the amount of Advisory Fees actually paid to Advisor by Client within the 12-month period preceding the event giving rise to such liability.
8.1. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of [insert state], without regard to principles of conflicts of laws.
8.2. Amendment
This Agreement may be amended only by a written instrument signed by both parties.
8.3. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
In this Investment Advisory Agreement, you will see the following sections:
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