Sample Non-Discretionary Investment Advisory Agreement: Non-Erisa printable pdf download

SAMPLE NON-DISCRETIONARY INVESTMENT

ADVISORY AGREEMENT: NON-ERISA

This Non-Discretionary Investment Advisory Agreement is entered into this [DAY] of

[MONTH], [YEAR], by and between [FINANCIAL ADVISOR] (hereafter known as "Advisor")

and [CLIENT NAME] (hereafter known as "Client").

WHEREAS, Client wishes to retain Advisor to advise Client with respect to the investment

of certain assets of the [NAME OF TRUST] (the "Trust") and Advisor wishes to accept such

retention in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, Client and Advisor hereby agree as follows:

ARTICLE I

APPOINTMENT OF FIDUCIARY

Client appoints Advisor to render advice with respect to the investment and

reinvestment of certain assets of the Trust, as shall be designated by Client from

time to time. Such assets, together with all investments and reinvestments and

income earned thereon, less distributions and withdrawals, are hereinafter

collectively referred to as the "Account." Client represents that it has control or

management of the assets of the Account, including the power to acquire and

dispose of the assets of the Account.

Advisor hereby accepts appointment as an investment advisor of the Account

pursuant to the terms of this Agreement, acknowledges that it is a fiduciary, as

defined in Section 4975(e)(3) of the Internal Revenue Code, with respect to

recommendations it provides to Client regarding investment of assets of the Trust at

any time constituting the Account, and represents that it is registered as an

investment advisor under the Investment Advisers Act of 1940, as amended (the

"Advisers Act").

Upon the establishment of the Account, Client will provide Advisor with Investment

Guidelines setting forth the investment policy, objectives, risk tolerance, and any

restrictions governing the Account. Such Investment Guidelines are attached as

Exhibit A. Client agrees to notify Advisor in writing of any changes or modifications

to the Investment Guidelines or any other matters affecting the Account which are

material to Advisor in carrying out its duties hereunder. Advisor shall be entitled to

rely upon such guidelines until Client notifies Advisor of any changes or

modifications in writing.

The physical possession of the Account shall at all times be held, controlled and

administered by a bank or other entity designated by Client ("Custodian") (except

when securities are held by a seller pending delivery to or in the hands of transfer

agent). All such assets, securities, funds and other property shall be held on the

Sample Non-Discretionary Investment Advisory Agreement: Non-Erisa