The Managed Account Agreement is a fundamental document used in the Indian investment management industry to establish a professional relationship between a SEBI-registered portfolio manager and their clients. This agreement is essential when an investor wishes to delegate the management of their investment portfolio to a professional manager who will make investment decisions on their behalf. The document must comply with the SEBI (Portfolio Managers) Regulations, 2020, and other relevant Indian financial regulations. It typically includes detailed provisions on investment strategy, risk parameters, fees, reporting requirements, and operational procedures. The agreement is designed to protect both parties' interests while ensuring transparency and regulatory compliance in the Indian financial markets context.
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1. Parties: Identification of the Portfolio Manager and the Client with complete details as required by SEBI regulations
2. Background: Context of the agreement, including the Portfolio Manager's registration details and the Client's intention to avail managed account services
3. Definitions: Comprehensive definitions of terms used throughout the agreement, including regulatory terms
4. Appointment and Services: Formal appointment of the Portfolio Manager and scope of services to be provided
5. Investment Objectives and Guidelines: Detailed investment strategy, objectives, and restrictions as per client's risk profile
6. Powers and Obligations of the Portfolio Manager: Comprehensive list of the Portfolio Manager's authorities, responsibilities, and duties
7. Client Representations and Warranties: Client's confirmations regarding their capacity, understanding of risks, and regulatory compliance
8. Fees and Charges: Detailed fee structure including management fees, performance fees, and other charges
9. Risk Factors: Mandatory risk disclosures as per SEBI regulations and additional risk warnings
10. Confidentiality: Provisions regarding the protection and handling of confidential information
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Reporting and Valuation: Requirements for portfolio reporting, frequency, and valuation methodology
13. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution
1. Delegation: Include when the Portfolio Manager may need to delegate certain functions to third parties
2. Electronic Services: Include when offering online access or digital services for portfolio monitoring
3. Foreign Investment Provisions: Include when the portfolio includes foreign investments or the client is an NRI
4. Special Investment Strategies: Include for specific investment strategies like derivatives or structured products
5. Multiple Portfolio Accounts: Include when client maintains multiple portfolios with different strategies
6. Joint Account Provisions: Include when the account is held jointly by multiple clients
1. Schedule 1 - Investment Strategy and Restrictions: Detailed investment mandate, restrictions, and asset allocation
2. Schedule 2 - Fee Structure: Comprehensive breakdown of all fees, charges, and calculation methods
3. Schedule 3 - KYC Documents: List of required KYC documents and client identification details
4. Schedule 4 - Risk Disclosure Document: Mandatory risk disclosure document as per SEBI requirements
5. Schedule 5 - Power of Attorney: Optional POA for executing transactions on behalf of the client
6. Appendix A - Account Opening Form: Standard account opening form with client details and preferences
7. Appendix B - Communication Instructions: Client's preferences for communications and reporting
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