委托投资英文合同范本

委托投资英文合同范本
This Investment Management Agreement (the “Agreement”) is made and entered into as of the [____] day of [____], [____], by and between [____] (the “Client”), and [____] (the “Manager”).
1. Appointment of Manager:
The Client hereby appoints the Manager, and the Manager hereby accepts appointment, as the exclusive investment manager of the Client’s investment portfolio (the “Portfolio”) subject to the terms and conditions set forth herein.
2. Management of the Portfolio:
a. The Manager shall have full discretion and authority to make all investment decisions with respect to the Portfolio, including but not limited to, the purchase, sale, exchange, and holding of securities, commodities, currencies, and other investment instruments.
b. The Manager shall manage the Portfolio in accordance with the investment objectives, strategies, and guidelines set forth in Exhibit A attached hereto (the “Investment Guidelines”).
c. The Manager shall provide the Client with regular reports detailing the composition of the Portfolio, the transactions executed, and the performance of the Portfolio.
3. Compensation:
a. The Manager shall be entitled to receive a management fee (the “Management Fee”) calculated as a percentage of the average daily value of the Portfolio, as determined in accordance with the provisions set forth in Exhibit B attached hereto.
b. The Manager shall also be entitled to receive a performance fee (the “Performance Fee”) calculated as a percentage of the increase in the value of the Portfolio above a certain hurdle rate, as determined in accordance with the provisions set forth in Exhibit B attached hereto.
c. The Management Fee and the Performance Fee shall be paid by the Client to the Manager in accordance with the payment schedule set forth in Exhibit B attached hereto.
4. Term and Termination:
a. This Agreement shall remain in effect for a period of [____] years from the date hereof (the “Initial Term”), and shall automatically renew for successive [____] year terms (each a “Renewal Term”) unless either party provides written notice of its intention not to renew at least [____] months prior to the expiration of the Initial Term or any Renewal Term.
b. Either party may terminate this Agreement upon [____] days’ written notice to the other party.
5. Representations and Warranties:
a. The Client represents and warrants that it has full legal authority to enter into this Agreement and to engage the Manager to manage the Portfolio.
b. The Manager represents and warrants that it has full legal authority to enter into this Agreement and to manage the Portfolio in accordance with the terms and conditions set forth herein.
6. Indemnification:
a. The Client agrees to indemnify and hold harmless the Manager and its officers, directors, employees, and agents from and against any and all losses, liabilities, damages, and expenses (including reasonable attorneys’ fees and expenses) incurred by the Manager arising out of or in connection with the performance of its duties under this Agreement, except to the extent such losses, liabilities, damages, or expenses are determined by a court of competent jurisdiction to have resulted from the Manager’s gross negligence or willful misconduct.
b. The Manager agrees to indemnify and hold harmless the Client and its officers, directors, employees, and agents from and against any and all losses, liabilities, damages, and expenses (including reasonable attorneys’ fees and expenses) incurred by the Client arising out of or in connection with the Manager’s breach of its fiduciary duties under this Agreement.
7. Confidentiality:
a. The Manager shall not disclose any confidential information relating to the Client or the Portfolio to any person or entity, except as required by law or with the prior written consent of the Client.
b. The Client shall not disclose any confidential information relating to the Manager or the investment management services provided by the Manager under this Agreement to any person or entity, except as required by law or with the prior written consent of the Manager.
8. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of [____].
9. Entire Agreement:
This Agreement constitutes the entire agreement between the Client and the Manager with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
[____] (Client)
By: ___________________________
Name:
Title:
[____] (Manager)
By: ___________________________
Name:
Title:
Exhibit A – Investment Guidelines
Exhibit B – Fee Schedule。