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.