Establishing secure connection…Loading editor…Preparing document…

Asset Management Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

ASSET MANAGEMENT AGREEMENT

This Asset Management Agreement (the "Agreement") is made as of by and between Client Name: ("Client") and Manager Name: ("Manager").

RECITALS

WHEREAS, Client holds and will hold certain assets and accounts identified in Schedule A attached hereto (collectively, the "Assets"); and

WHEREAS, Manager is duly authorized and qualified to provide investment management, advisory and custodial coordination services and represents that Manager has the experience, personnel and resources necessary to provide such services; and

WHEREAS, Client desires to appoint Manager to provide asset management services on the terms and subject to the conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below. "Assets" means all assets subject to this Agreement as described in Schedule A and any assets added pursuant to Section 2. "Business Day" means any day on which banks are open for general business in the jurisdiction specified in Section 15. Terms defined elsewhere in the body of this Agreement shall have the meanings ascribed to them where used.

2. APPOINTMENT; SCOPE OF SERVICES

Client hereby appoints Manager, and Manager accepts such appointment, to provide discretionary asset management services with respect to the Assets during the Term on the terms and conditions set forth in this Agreement. Manager shall perform the services described in this Agreement and any written scope of services agreed by the parties.

3. MANAGER'S DUTIES AND AUTHORITY

Manager shall manage the Assets in a fiduciary capacity consistent with the investment objectives and restrictions set forth herein. Manager shall exercise reasonable care, skill and diligence in determining and implementing investments, and shall act in accordance with the standards applicable to investment managers under applicable law.

Manager is authorized, without prior consultation with Client except as expressly provided in this Agreement, to purchase, sell, exchange, convert and otherwise trade securities and other investments, to enter into such contracts and arrangements as Manager deems necessary to effect investment decisions, and to delegate portfolio management functions to sub-advisors subject to Manager's oversight.

Discretionary trading authority
Ability to borrow or otherwise use leverage on behalf of Assets
Authority to pledge or hypothecate Assets for permitted transactions
Authority to delegate portfolio management to sub-advisors

4. INVESTMENT GUIDELINES AND RESTRICTIONS

Manager shall manage the Assets in accordance with the foregoing objectives and any concentration, liquidity or prohibited investment limits set forth by Client in writing. Manager shall notify Client promptly of any material deviation or breach of such restrictions and shall use commercially reasonable efforts to cure such breach.

5. FEES AND EXPENSES

Client shall pay Manager compensation for services rendered under this Agreement as set forth below. All fees are due when and as invoiced and may be deducted directly from the Assets if authorized by Client in writing.

Client shall reimburse or pay all third-party costs and expenses attributable to the Assets, including custodial fees, brokerage commissions, transfer taxes, and fees of independent service providers, unless otherwise agreed in writing.

6. REPORTING; RECORDS; VALUATION

Manager shall provide Client with periodic reports detailing the composition, performance and valuations of the Assets, including customary transaction confirmations and an account statement at least . Valuations shall be determined in accordance with Manager's valuation policies consistent with industry practice and disclosed to Client.

7. CONFLICTS OF INTEREST

Manager shall disclose to Client any material conflicts of interest of which Manager is aware. Manager shall manage or mitigate conflicts in a manner consistent with its fiduciary duties and shall obtain Client's prior consent for any transaction in which Manager or an affiliate has a material financial interest.

8. TERM; TERMINATION

The term of this Agreement shall commence on and shall continue until terminated by either party upon prior written notice to the other party, or as otherwise provided herein.

Termination shall not affect accrued rights and obligations of the parties. Upon termination, Manager shall cooperate to effect an orderly transfer of Assets to Client or Client's designee.

9. INDEMNIFICATION; LIMITATION OF LIABILITY

Client shall indemnify, defend and hold harmless Manager and its affiliates, officers, directors and employees from and against any and all losses, liabilities, claims, damages and expenses (including reasonable attorneys' fees) arising out of or in connection with Manager's performance hereunder, except to the extent resulting from Manager's gross negligence, willful misconduct or material breach of this Agreement.

EXCEPT FOR LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, MANAGER SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM INVESTMENT DECISIONS MADE IN GOOD FAITH IN ACCORDANCE WITH THIS AGREEMENT.

10. CONFIDENTIALITY

Each party agrees to hold confidential all non-public information received from the other party relating to business affairs, Assets, investors or underlying holdings, and not to disclose such information except to its employees, agents, auditors or as permitted by law. This obligation shall survive termination of this Agreement for a period of five (5) years.

11. AUDIT; ACCESS TO RECORDS

Client or its authorized representatives shall have reasonable access to Manager's records relating to the Assets and the services provided under this Agreement during normal business hours upon reasonable prior notice. Manager shall permit audits by Client or an independent auditor engaged by Client, subject to confidentiality protections.

12. AMENDMENT; WAIVER

No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. The failure of either party to exercise any right shall not constitute a waiver of that right.

13. NOTICES

All notices, demands or other communications required or permitted to be given under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as either party shall designate by notice.

14. GOVERNING LAW; JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of laws principles. The parties submit to the exclusive jurisdiction of the courts located in that state for resolution of disputes arising under this Agreement.

15. ENTIRE AGREEMENT; SEVERABILITY

This Agreement, including any schedules and exhibits hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral or written. If any provision of this Agreement is held invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

16. COUNTERPARTS; ELECTRONIC SIGNATURES

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile or electronic image shall be deemed to be original signatures for all purposes.

EXECUTION

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

Client:

By:

Date:

Manager:

By:

Date:

Enter text✕

What an Asset Management Agreement Covers

An Asset Management Agreement is a written contract that sets out the relationship between an asset owner and a manager who will operate, manage, or dispose of specified assets. It defines scope of authority, duties, compensation, reporting obligations, performance standards, indemnities, term and termination, transfer restrictions, and dispute resolution. The agreement allocates fiduciary duties and operational responsibilities, and may reference schedules or exhibits that list assets, valuation methods, and permitted investments. Parties typically negotiate governing law, confidentiality, insurance, and assignment provisions to minimize later disputes.

Why a Clear Agreement Matters

A precise Asset Management Agreement reduces ambiguity about authority, limits liability, and documents performance expectations so parties understand rights and remedies under state law and federal standards.

Why a Clear Agreement Matters

Who Commonly Uses an Asset Management Agreement

Typical users include institutional owners, family offices, RE managers, trustees, and companies delegating operations to a manager.

  • Family offices and high-net-worth owners seeking delegated day-to-day management with reporting and fee controls
  • Real estate investors and property managers needing operational authority, maintenance responsibilities, and rent collection terms
  • Trusts, fiduciaries, and corporate treasury functions arranging stewardship, valuation rules, and termination triggers

The document scales from single-asset engagements to enterprise portfolios and should match the complexity of the assets and regulatory environment.

Primary Signatory Roles

Asset Manager — Authorized Signer

An officer or designated manager who accepts delegated authority to operate and service assets. The signatory should be identified by name and title, authorized in corporate minutes or power of attorney, and able to bind the management entity for contractual and indemnity obligations.

Owner / Trustee — Contracting Party

The owner or trustee who grants management powers and sets limits on disposal, investments, and encumbrances. This signer must have authority under governing documents or corporate resolutions and should confirm the legal identity used to execute the agreement.

Essential Clauses to Include

A professional Asset Management Agreement contains operational authorities, performance standards, compensation, reporting obligations, liability and indemnity language, termination rights, and dispute resolution terms.

Scope of Authority

Define express powers—buy/sell authority, leasing, capital improvements, financing permissions—and any actions that require owner consent.

Fees and Compensation

Set base management fees, incentive/performance fees, reimbursement procedures, payment timing, and audit rights over fee calculations.

Reporting Requirements

Specify reporting cadence, required content (financials, cash flows, occupancy metrics), and delivery method including electronic submissions.

Standards of Care

State the manager’s duty level (ordinary care, fiduciary standard) and any industry-specific benchmarks or KPIs.

Liability and Indemnity

Allocate responsibility for negligence, breaches, third-party claims, and insurance requirements including limits and additional insured status.

Term, Renewal, Termination

Set initial term, renewal mechanics, notice periods, termination for convenience, cause, and post-termination wind-down obligations.

Step-by-Step: Completing the Agreement

Follow these sequential steps to prepare a complete Asset Management Agreement for signature and filing.

  • 01
    Gather Documents: Collect corporate resolutions, asset lists, prior contracts, and insurance certificates.
  • 02
    Draft Core Terms: Populate scope, fees, reporting, and termination clauses with specific thresholds and timelines.
  • 03
    Review Legal: Have counsel review for fiduciary risks, tax consequences, and state-specific formalities.
  • 04
    Sign and Execute: Obtain authorizing signatures, witness or notary if required, and distribute fully executed copies to all parties.

Customizing the Agreement for Online Completion

Configure a digital workflow that mirrors the paper process and enforces required fields, sequence, and authentication.

Field Configuration
Required Fields Mark parties, effective date, and signatures as mandatory
Signing Order Set sequential signing where manager signs after owner or vice versa
Authentication Enable email link, SMS code, or stronger KBA as needed
Audit Trail Capture timestamps, IPs, and certificate of completion

Typical Routing and Submission Flow

The document moves from drafter to reviewer to signer, then to storage. Electronic workflows speed delivery and preserve an audit trail.

  • Upload and Prepare: Upload template, place fields, and set signing order and permissions
  • Send to Signers: Distribute by email link or embedded signing portal
  • Complete Authentication: Signers authenticate, review, and apply signatures
  • Store and Share: Deliver executed copies and retain audit record

Sharing Options and Technical Considerations

Choose distribution channels that meet security and regulatory needs, balancing ease of signing with authentication strength.

  • File Formats: PDF, DOCX supported for templates and final signed copies
  • Integrations: CRM, ERP, cloud storage integrations reduce manual uploads
  • Authentication Options: Email link, SMS code, KBA, and SSO for elevated assurance

Typical Timelines and Deadline Considerations

Identify dates that affect performance, notice windows, renewal options, and reporting deliverables before finalizing the agreement.

Effective Date and Term:

Set MM/DD/YYYY effective date and specify fixed term lengths

Notice Periods:

Include 30–90 day notice windows for termination or nonrenewal

Reporting Cadence:

Quarterly or monthly financials with specified delivery dates

Fee Payment Deadlines:

State due date and grace period for management and incentive fees

Renewal Deadlines:

Outline automatic renewal triggers and opt-out notice timing

Key Milestones from Negotiation to Post-Termination

Track major stages as a sequence to ensure critical dates are met during onboarding, performance, and exit.

01

Negotiation and Drafting

Finalize scope, fees, and exhibits before signature

02

Approval and Resolutions

Obtain corporate or trustee approvals and necessary authorizations

03

Execution and Delivery

Sign, notarize if required, and deliver executed copies

04

Transition and Handover

Complete asset transfer and access provisioning on termination

Common Preparation Mistakes to Avoid

  • Using vague authority language that allows unintended asset dispositions
  • Failing to attach an accurate exhibit listing assets and identifiers
  • Neglecting to document approval or resolution authorizing the manager
  • Omitting clear fee calculations and payment timing, creating disputes

Risks and Legal Consequences of an Incomplete Agreement

Contract Voidability: Ambiguous authority may render manager actions void or challengeable
Fiduciary Liability: Managers can face claims for breach of fiduciary duty if standards are undefined
Tax Exposure: Poor allocation of income or expenses can trigger IRS disputes
Regulatory Noncompliance: Failure to meet industry rules (e.g., investment adviser registration) can incur penalties
Operational Disruption: No transition plan increases costs and business interruption on termination
Evidence Gaps: Missing signed exhibits or inconsistent records weakens enforcement in disputes

eSignature Vendor Pricing Snapshot

Compare core pricing and compliance aspects across common eSignature providers; consult vendor sites for plan details and feature availability.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes, plan-dependent Yes, plan-dependent Yes, plan-dependent Yes, plan-dependent Plan-dependent
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes Varies Varies
Envelope Cap No cap 100 envelopes/user/year Plan-dependent Plan-dependent Plan-dependent

Real-World Use Cases

Practice examples show how agreements are adapted for common asset types and organizational needs.

Real Estate Portfolio

A property owner engages a manager to handle leasing and maintenance

  • Manager receives monthly reports and collects rents
  • The agreement attaches a schedule of properties by parcel number, specifies repair approval limits, and sets a performance fee tied to net operating income to align interests and reduce disputes.

Corporate Asset Stewardship

A corporation delegates equipment lifecycle management to a vendor

  • Vendor administers repairs and disposals under caps
  • The contract requires quarterly inventory reports, insurance naming the owner as additional insured, and termination assistance to transfer assets back to the company on reasonable terms.

Frequently Asked Questions

Answers to common concerns about execution, electronic signing, notarization, and amendments for Asset Management Agreements.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users