Key Fund Documents

The following documents are typical of those found in a fund structure.

Fund Documents

  • Constitutional Documents: Memorandum and Articles of Association, Certificate of Incorporation, Limited Partnership Agreements, Trust Deed.
  • Offering Memorandum, also referred to as the Prospectus.
  • Share Application and Redemption Forms.
  • Shareholder and Board Resolutions.
  • Regulator permits as required by the laws in the home jurisdiction of the fund.

Investment Advisory Agreement

  • This defines the relationship between the investment advisor and the fund, including roles, responsibilities and compensation for services rendered.

Management Agreement

  • This defines the relationship with the fund manager, if there is one. Normally, where a fund manager is in place, the investment advisor will provide its service to the fund manager and the fund.

Primer Broker Agreements

  • These are normally prevalent in hedge fund structures.
  • Prime Brokers act as central clearer on all trades and arrange settlement of those trades.

Custody Agreement

  • The custodian agreement defines how the safe custody of the assets of the fund will be administered. Where a Prime Broker arrangement exists, the Prime Broker will normally take on this role.

Administration Agreement

  • Defines the roles and responsibilities of the administrator.
  • Functions will include acting as registrar and transfer agent, corporate secretarial services, compliance, asset valuation (NAV) and fund accounting.

Other Agreements that might be established

  • Distribution or Promoter.
  • Executing Broker (other than the Prime Broker).
  • Intermediary or Business Introducer.

 


Herald Trust