In Antwort auf:
DRAFT COPIES ASSET MANAGEMENT AGREEMENT
DISCRETIONARY ASSET MANAGEMENT
DATE:………………………..
NO. OF AGREEMENT:
1. Mr. ------------------------------------------------------------------------------------------------------------------
(The “Investor Party”)
AND
2. Mr.-----------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------ (country)
(The “Investment Manager”)
Hereby agree as follows:
ARTICLE 1: MANAGEMENT MANDATE
The Investor Party hereby confers upon the Investment Manager a mandate to manage the Assets of the Investor Party deposited or to be deposited in the asset account(s) at the Bank(s) selected by the Investment Manager. The said mandate, hereby accepted by the Investment Manager will be executed in accordance with the stipulated norms and conditions of this Agreement.
ARTICLE 2 POST MORTEM CLAUSES
The Investor Party is an individual, he hereby declares that the mandate conferred will not be terminated in the event of his death, but will remain in force until instructions to the contrary are received by the Investment Manager from his legally authorized next of kin.
ARTICLE 3 DEPOSITORY BANK
All funds to be managed by the Investment Manager shall be deposited at the Bank(s) in the respective account(s). The account(s) at the Bank(s) shall also be used to receive all cash proceeds from sales, reimbursement, dividends or interest as well as any other proceeds of whatever nature.
ARTICLE 4 EXECUTION OF THE MANDATE
By executing the mandate, The Investment Manager acts on behalf of the Investor Party on a best efforts basis.
ARTICLE 5 VALUATIONS OF ASSETS
Every year, the Investment Manager will provide the Investor Party with a valuation of his Assets. More frequent valuations can be obtained against payment of appropriate charges.
ARTICLE 6 INVESTMENT STRATEGIES
The Investment Manager will keep the Assets under constant review, paying special attention to the political, social, financial and economic situation prevailing in the countries selected and of the specific request from the Investor Party as to management of the Assets specified in the appendix to this Agreement.
ARTICLE 7 DISCRETIONARY POWERS
By virtue of Article 6 above, the Investment Manager shall initiate and carry out any transaction that he/she considers appropriate according to his/her own professional judgment. Such transactions however shall be bordering on the purchase of either, real estate or land properties, manufacturing industries, shares, stocks, bonds, company franchise and in any other financial investment opportunities in the territories the Investment Manager has established business activities.
The power of the Investment Manager is validly established by means of a Power of Attorney, dated of today, issued by the Investor Party in favor of the Investment Manager.
ARTICLE 8 TRANSACTION INITIATED BY THE INSTRUCTING PARTY
Notwithstanding the mandate herein conferred, if the Investor Party wishes to initiate other transactions with respect to his Assets, such transaction shall be entirely his responsibility. In such circumstances, the Investor Party will instruct the Investment Manager of such transactions that he wishes to undertake.
ARTICLE 9 RESPONSIBILITY-FORCES MAJEURE
The Investment Manager shall be required to exercise due care and diligence in selecting investment opportunities and to avoid capital losses to the Assets, fluctuating returns and negative consequences arising from faulty or inordinate investment assumptions.
Provided the Investment Manager shall not be held responsible for any consequences out of force majeure namely warfare, riots, measures adopted by authorities or changes in legislation in Host Countries or Abroad.
ARTICLE 10 DURATION - MODIFICATIONS - TERMINATIONS
The present Agreement is provided for a period of 15 (Fifteen) years and will be subject of automatic prolongation on a yearly base if either party does agree. Nevertheless either party may at any time decide to terminate it. Any such decision must be communicated to the other Party by means of facsimile and confirmed by registered mail and will become effective three month after the dispatch of the letter, provided that all the outstanding transaction can be wound up within that period.
ARTICLE 11 MAILS
Written communications from the Investment Manager shall be handled in line with the instructions given by the Investor Party for the handling of his mail.
ARTICLE 12 ELECTION OF DOMICILE
For the purpose of implementation of this Agreement and all commitments arising therefore, the Investor Party elects domicile at the address the Investment Manager is establishing the seat of administration to manage the assets.
ARTICLE 13 JURISDICTION- LAW GOVERNING THE AGREEMENT
This Agreement is governed by the Laws of the ………………………………….. And the Parties to it agree to submit any disputes that may arise there from to a Law Courts in the Country.
Executed in three exemplars on
1. The “Investor Party" 2. The” Investment Manager”
............................................................................... ..................................................................
Following attachments are subject of integral content of the agreement
1. NON-DISCLOSURE AND NON-CIRCUMVENTION AGREEMENT
2. POWER OF ATTORNEY RELATING TO THE DISCRETIONARY ASSET MANAGEMENT AGREEMENT NO.
3. APPENDIX TO THE DISCRETIONARY ASSET MANAGEMENT AGREEMENT NO
NON-DISCLOSURE AND NON-CIRCUMVENTION AGREEMENT
1. Mr. -------------------------------------------------------------------------------------------------------------
(The “First Party”)
AND
2. ---------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------- (Country)
(The “Second Party”)
Hereby agree as follows:
1. Neither the Second Party nor his corporations, divisions, subsidiaries, employees, agents or consultants will make any contract with, deal with or otherwise involve in any transactions with any lending institutions, trust funds, corporations or individuals, weather lenders, borrowers, clients or others introduced by the First Party. This Agreement is effective for the signers, heirs, assignees and designees as well.
2. Any corporations, organizations, firms, company or individual, of which the signer is Party to, member of, principal agent for, employee or otherwise, that would benefit financially from association is bound by this Agreement and has the right, authority, power and ability to enter into this Agreement and further agrees to provide any necessary documentation required.
3. This Agreement is a perpetuating guarantee and is to be applied to any and all transactions between the Parties regardless of the success of the project(s).
4. The identities of the lending institutions, corporations, individuals, and/or trust, weather lenders, borrowers, clients or otherwise, are currently the property of both Parties and shall remain so for the term of this Agreement binding on the Investment Manager and the Instructing Party.
5. The First Party will keep confidential, names of any lending institutions, corporations, organizations, individuals or groups of individuals. Such identity shall remain confidential during the transaction(s) and during the term of this Agreement and shall include any information such as telephone numbers, telex numbers, facsimile numbers, e-mail address and domicile addresses, etc., which could lead to any Party involved. Such information is considered the property of both First and Second Party and is not to be disclosed to any person without the written and expressed consent of both Parties.
6. This Agreement is reciprocal in nature. The First Party hereby agrees to guarantee the same protection of Non-Disclosure and Non-Circumvention for the Second Party. This reciprocal Agreement is valid during the term of this Agreement.
Date:
1. The “First Party" 2. The “Second Party”
.................................................................. ................................................................
POWER OF ATTORNEY RELATING TO THE DISCRETIONARY ASSET
MANAGEMENT AGREEMENT NO
1. Mr.----------------------------------------------------------------------------------------------------------------
(The “Investor Party”)
Hereby confer(s) upon
2. --------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------- (Country)
(The “Investment Manager”)
A Power of Attorney
For the management on a discretionary basis all Assets held or to be held under the Account (the “Assets”) This Power of Attorney relates to the Discretionary Asset Management Agreement signed on
...........................................Between the Investor Party and Investment Manager
ë To carry out any transaction, which the Investment Manager considers, necessary or relevant in order to manage the Assets.
ë To take all decisions relating to pricing, currency, date duration and other conditions regarding such transactions.
ë To request from the bank any information regarding the Assets and all transactions of whatever nature passed through the account, including transactions, which the Investor Party will have carried out directly with the bank. The bank is hereby authorized to provide such information to the Investment Manager.
ë To withdraw Assets from the account in order to obtain the corresponding counter value in securities, cash or precious metals.
ë To withdraw Assets from the account or to debit the account for settlement of the fee and or expenses to which the Investment Manager is entitled under this agreement.
The Investor Party further confirms that:
ë All transactions carried out and all commitments entered into by the Investment Manager by virtue of this Power of Attorney shall be considered as initiated by the Investor Party himself.
He hereby approves all transactions carried out by the Investment Manager under the present Power of Attorney.
The Power of Attorney will remain in force until a decisions to terminate this Discretionary Assets Management Agreement is communicated to the bank by registered mail by one or the other Party or in the event of the death of the Investor Party by the heir(s) of the later (post mortem proxy) such termination taking effect three month after the date the letter has been received provided that all the outstanding transactions can be wound up within such period.
Executed in Duplicate in
Agreed upon by:
1. The “Investor Party" 2. The "Investment Manager”
.................................................................................... ................................................................
APPENDIX TO THE DISCRETIONARY ASSET MANAGEMENT AGREEMENT
NO
1. Mr.--------------------------------------------------------------------------------------------------------------
(The “Investor Party”)
AND
2. -----------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------- (Country)
(The “Investment Manager”)
Hereby agree as follows:
Pursuant to the Discretionary Asset Management Agreement entered into by the above Parties on
.............................................., The Investor Party opts for a:
PERSONAL STRATEGY
As specified by him in the following terms:
ë The initial value of the Asset will be an amount of US$35Million (Thirty-Five Million United States Dollars Only).
ë This Agreement and all information related to it shall be kept strictly confidential and in no case be disclosed and if either Party violates this clause, after arbitration, the guilty Party shall pay a sum not less than 3 % (three percent) of the value of the Asset.
ë The Investment Manager shall have 5% (Five percent) of the total initial value of the Asset as commission for consultation and management of the Asset. The commission shall be due at the date he/she receive the investment capital.
ë The Investment Manager shall have 30% (Thirty percent) of the resulting benefit value of the Asset as commission for the management of the Asset.
By virtue of the Discretionary Power of Attorney granted by the Investor Party, The Investment Manager shall exercise unfettered discretion as to the nature and value of every transaction and as to the terms and conditions of same, provided such discretionary power are judicious and to the best interest of the Asset.
The CURRENCY OF REFERENCE for the Asset under management is in US $ (United States Dollar)
Executed in three exemplars in on
1. The "Investor Party" 2. The "Investment Manager"
...................................................................................... ...............................................................
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