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Acme Investment Management

By Lewis Taylor,2014-08-11 18:38
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Acme Investment Management

Acme Investment Management

    123 Main Street

    Metropolis, NY 12525

    (888) 1234567

    Client Agreement: Investment Management Services

    (Date)

    Please review this Investment Management Services Agreement (“Agreement”) carefully as it sets forth the understanding between Acme Investment Management ("ACME" or “Adviser”) and you

    _____________________________________________________________________________________ ("Client")

    located at

    _____________________________________________________________________________________ regarding the investment management services ACME will provide you. If you have any questions about the content of this Agreement we should discuss them before you sign this Agreement. 1. Investment Management Services. ACME will provide consultations addressing financial asset

    allocation and the specific selection of investments, including, but not limited to money market accounts, CDs, mutual funds, exchange traded funds, unit investment trusts, municipal and government securities selection, individual corporate equity and debt securities and annuities.

    2. Investment Process. Acme will utilize the ETHOS investment process to manage your investments. This process consists of five phases:

    ; Analyze: Acme will review your goals and objectives, roles and responsibilities and applicable

    laws, regulations and policies.

    ; Strategize: Acme will discuss the risks you are willing to take, the assets you own, your time

    horizons and outcomes you expect.

    ; Formalize: Acme will prepare and review a written investment policy statement that reflects

    your requirements and preferences.

    ; Implement: Acme will provide written recommendations of the steps you should take to

    implement your investment policies.

    ; Monitor: Prepare a quarterly report that compares investment performance and costs with your

    investment policies and goals.

    3. Investment Control. ACME does not take custody of your funds nor does it practice discretionary trading. ACME will not trade without the expressed permission of the Client. The ultimate investment decision belongs to the Client. Authorization may be given to ACME to implement trades in any form that clearly expresses Client consent, including but not limited to mail, email, facsimile, and phone. 3. Fees. Client shall pay ACME for its services a quarterly fee based on the market value of the Managed Assets at the end of each calendar quarter, subject to a minimum quarterly fee of $300. Fees are

    payable in arrears, and will be prorated for partial quarters. Fees may be deducted directly from Client’s

    account(s) and you hereby authorize ACME to withdraw its quarterly service fee from your account(s). The current investment management fee schedule is as follows:

    Market Value of Managed Assets Annual Fee

    First $500,000 1.0%

    Next $500,000 0.75%

    In excess of $1 million 0.50%

Changes to Fees. Adviser will not change the management fees set forth above without first giving 6.

    Client at least sixty (60) days prior written notice of the fee modification. After the sixty (60) day notice, the new fee rate will take effect unless a later date is indicated in the notice. 7. Transaction Expenses. Client is responsible for all trading and transaction expenses within their accounts. ACME will undertake reasonable efforts to minimize these Client expenses. 8. Commissions. Client understands that ACME will not receive any commissions on trades and transactions within their accounts.

    7. Acme Representations. Acme represents the following to Client:

    ; Acme is acting in a fiduciary capacity which means that Acme is legally obliged to act in your sole

    interest with respect to investment advice provided under this agreement.

    ; Acme is not aware of any conflicts of interest between itself, and your investments, your

    retirement plan or any other parties,

    OR

    ; Acme is disclosing that the following potential conflicts of interest between itself and:

    _______________________________________________________________________________

    _______________________________________________________________________________

    ____________________________

    ; The only form of compensation Acme will receive for services provided under this agreement are

    those described herein.

    9. Client Representations. Client represents the following to ACME and understands and agrees that ACME is relying on Client’s representations as an inducement to enter into this Agreement:

    ; Client will provide ACME with the necessary information to provide the agreed upon services.

    ; Client is responsible for all financial decisions and Client is under no obligation to follow, either

    wholly or in part, any recommendation or suggestion provided by ACME.

    ; ACME obtains information from a wide variety of publicly available sources and cannot guarantee

    the accuracy of the information or success of the advice, which it may provide. The information

    and recommendations developed by ACME are based on the professional judgment of ACME and

    the information you provide to ACME.

    ; All investments involve risks and some investment decisions will result in losses. ACME cannot

    guarantee that your investment objectives will be achieved.

    ; If this Agreement is established by Client in a fiduciary capacity, Client hereby certifies that s/he

    is legally empowered to enter into or perform this Agreement in such capacity.

    ; ACME performs services for other clients and may make recommendations to those clients that

    differ from the recommendations made to you. You agree that ACME does not have any

    obligation to recommend for purchase or sale any security or other asset it may recommend to

    any other client.

    ; Client is a citizen of the United States and that Client is not subject to “backup withholding”

    under section 340(a)(1)(c) of the Internal Revenue Code or any successor provision. 10. Confidentiality. ACME will regard any information provided by you as confidential and all recommendations and/or advice provided by ACME shall be confidential, with disclosure only upon such terms and to such parties as designated by the parties or as required by law.

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    Termination. Either party may terminate this Agreement at any time with written notice to the 11.

    other. If this Agreement is terminated, all fees due at time of termination will be immediately due and payable and may be withdrawn from your accounts. ACME will refund any unearned, prepaid fees within thirty days of written request from the Client. Should the Client wish to terminate this Agreement within 5 business days after signing, no penalty will be assessed and all fees will be refunded promptly. 12. Multiple Clients. In the event Client is more than one individual, ACME is authorized to accept the direction of any party and such direction will be binding on all parties.

    13. Registration. Adviser is registered as an investment Adviser with the State of (State) under the (Applicable Investment/Securities Act). Adviser may register or meet exemptions to registration in other states where it conducts business.

    14. Other Services. Financial planning is not included with Investment Management Services. Any financial planning or other services will be based on the then current applicable Acme rate for such services and billed separately. The Client acknowledges that ACME does not and will not practice law or accounting in providing advice to Client. The Client understands that no fees paid under this agreement relate to accounting or legal services and that it is the responsibility of the Client to obtain accounting or legal advice if necessary.

    15. Assignment. ACME will not assign the Agreement to any other party without your written consent. 16. Governing Law. This Agreement shall be governed by the laws of the State of (State).

Client hereby acknowledges receipt of Acme Investment Management’s Form ADV Part II.

    Accepted this _____ of _________________ , _________ Client ______________________________

     (day) (month) (year)

     Client _______________________________

____________________________________________

    Signature on behalf of Acme Investment Management

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