[Contract] Helix Bank Initial Investment Management Agreement - JRigz

Discussion in 'Denied Contracts Archive' started by HelixInsight, Oct 2, 2022.

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  1. HelixInsight

    HelixInsight Surgeon
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    IGN:
    @HelixInsight

    Users Involved in this Contract:
    @JRigz

    Terms of the contract:
    The following are the terms under which the Client JRigz_ appoints the Manager HelixInsight as discretionary investment manager of the Client’s account with the Manager (the “Account”). The Client has appointed a custodian of the Account (the “Custodian”) and has provided the name and contact details of the Custodian to the Manager.

    1. DATE OF APPOINTMENT
    1.1 This appointment is effective as of the date of this Agreement 10/1/2022.
    .
    2. ACCOUNT
    2.1 The Account is or will be registered in the name of the Client as the Client confirms to
    the Manager in the account documentation executed by the Client, or confirms in writing
    to the Manager, from time to time.

    2.2 With respect to all matters contemplated by this Agreement, the Client confirms that the
    Manager may receive and act on instructions from the persons named by the Client in
    writing in the account documentation executed by the Client, until the Manager is in
    receipt of the Client’s written instructions to the contrary.
    2.3 [If Individual Client] Where the Account is registered in the name of more than one
    individual, the Manager is entitled to accept instructions from any one of such individuals
    or his or her legal representative without notice to, or the consent of, any other individual.

    3. AUTHORITY
    3.1 The Manager will manage the Account with complete discretion.

    the Manager HelixInsight is authorized in managing the Account to:
    (a) invest, reinvest, maintain in cash or cash equivalents, acquire, dispose of and
    otherwise manage, all or any part of the assets in the Account;
    (b) unless otherwise instructed by the Client, select and place orders with dealers and
    brokers to purchase, sell and otherwise trade in or deal with assets in the Account
    and negotiate the applicable terms, commissions and charges with such dealers
    and brokers;
    (c) retain third parties, which may include affiliates of the Manager, to perform any
    of the duties or obligations of the Manager under this Agreement; and
    (d) perform any and all other acts as may be in its judgment necessary or appropriate
    for the management of the Account, or are necessary to enable the Manager to
    carry out its obligations under this Agreement without obtaining the prior
    approval or direction of the Client.

    4. NON-EXCLUSIVITY
    4.1 The services provided by the Manager to the Client are not exclusive. Nothing in this
    Agreement shall in any way restrict the right of the Manager to provide investment
    management or other services for any other person or entity or to act for its own account,
    and the provision of such services for others or for its own account shall not violate or
    give rise to any duty or obligation to the Client.

    5. INVESTMENT FUNDS
    5.1 Investment funds (“Funds”) may be used by the Manager to implement all or part of the
    Investment Policy. This may include Funds that are managed by the Manager. The
    Client consents to the Manager investing some or all of the assets in the Account in
    securities of Funds, including Funds managed by the Manager, as the Manager deems
    appropriate and suitable for the Account and the Client.

    With the signature of this agreement, the client agrees to initially invest $2 million ECD. Additional contracts can be created, but each deposit is bound to a specific contract.

    6. FEES
    6.1 Fees for the Manager’s investment management services (“Fees”) will be fixed at a 3% monthly management fee, subject to renegotiation. The Manager also receives 30% of the profits on all investments within the account, uncapped.

    6.2 In addition to the Fees, the Client acknowledges that if the Account invests in Funds,
    certain management fees and operating expenses and other costs, inclusive of Goods and
    Services Tax, are paid by the Funds.

    6.3 The Manager may, in its sole discretion, redeem such number of securities of Funds, or
    may sell other assets in the Account as may be required to pay the Fees. The Client shall
    be liable to pay to the Manager any unpaid Fees not satisfied by way of redemption of
    securities of Funds or the sale or redemption of other assets, as outlined in this paragraph.

    7. STANDARD OF CARE
    7.1 The Manager shall, in carrying out its obligations under this Agreement, act honestly, in
    good faith and in the best interests of the Client and in connection therewith shall
    exercise the degree of care, diligence and skill that a reasonably prudent portfolio
    manager would exercise in similar circumstances. Notwithstanding the foregoing, the
    Client understands and agrees that the Manager does not represent and cannot guarantee
    performance results for the Account.

    7.2 The Client understands that there are risks attached to the Manager’s investment of the
    Account in securities, including various market, currency, economic, political and
    business risks. The Manager will not be liable to the Client for any loss that the Client
    may suffer as a result of the Manager’s good faith decisions or actions where the
    Manager exercises the care, diligence and skill expected of a reasonably prudent portfolio
    manager.

    8. INDEMNITY
    8.1 The Client will hold harmless and indemnify the Manager, its directors, officers,
    employees and agents against any and all claims, losses, damages, liabilities and
    expenses which the Manager may incur if and to the extent that such loss is caused by the
    Client’s or the Client’s designees’ own actions or omissions or by any inaccuracy or
    breach by the Client of any of the Client’s representations, warranties or covenants
    hereunder or in the documentation associated with the Account, as the same may be
    updated from time to time.

    9. REPORTING
    9.1 The Manager will provide to the Client and/or to such other person(s) as directed by the
    Client in writing, account statements.


    10. REPRESENTATIONS, WARRANTIES AND COVENANTS
    10.1 The Client hereby represents and warrants to the Manager and acknowledges its
    covenants that:
    (a) The Client has the legal power to enter into the Agreement without notice to, or
    consent of, any party, and entering into and complying with this Agreement will
    not result in the breach of any term or condition of any agreement that the Client
    is a party to;
    (b) The Client has full power and authority under the provisions of applicable
    documents, instruments and legislation governing the assets in the Account and
    the Client to execute, deliver and perform this Agreement on behalf of itself and
    the contributions to the Account, and the transactions contemplated by this
    Agreement are duly authorized by the Client, comply with applicable policies,
    resolutions, agreements or legislation or other supporting documents and, when
    entered, will be legal, valid and binding obligations of the Client and the
    contributions to the Account and are consistent with and permissible for the Client
    and the contributions to the Account, as applicable.
    (c) The Client acknowledges that the Manager is required by applicable laws, which
    include tax, anti-money laundering, anti-terrorist financing and securities laws, to
    determine the identity and reputation of the Client and to collect certain
    information concerning the Client, including the nature of its business and the
    identity of those who are beneficial owners of, or exercises control or direction
    over, more than 10 percent of the voting rights attached to the outstanding voting
    securities of the Client (if the Client is a corporation) or who exercises control
    over the affairs of the Client (if the Client is a partnership or trust) and the country
    of residence of the Client. The Manager may request additional information from
    time to time and the Client shall provide all such information so requested.
    (j) The Client will provide such additional documentation and information as the
    Manager may reasonably request from time to time;
    (k) The Client will advise the Manager of any changes to the information the Client
    provides to the Manager to open or maintain the Account as soon as the changes
    occur. This includes, but is not limited to, changes to address, marital status,
    financial and employment information, investment objectives and risk tolerance
    or if the Client or anyone who has trading authority for, control over, a financial
    interest in, and/or a beneficial ownership in the Account is or becomes (i) an
    insider, significant shareholder or employee of a publicly traded company; or (ii)
    a securities professional. For the purposes of this Agreement, a securities
    professional is a partner, director or employee of a firm that is a member of any of
    the following (i) a stock exchange; (ii) the Mutual Fund Dealers Association of
    Canada (MFDA); and/or (iii) the Investment Industry Regulatory Organization of
    Canada (IIROC). The Client will complete and sign in a timely manner any
    documentation required by the Manager in connection with these changes.
    13.2 The Manager represents and warrants that:
    (a) The Manager performs investment advisory services for various clients and the
    investment funds (including the Funds) that it manages. The Manager makes
    investment decisions for each client’s account and for each Fund dependent on the
    circumstances, investment objectives and guidelines of the specific client or the
    Fund. The Manager’s policy and practice is not to intentionally favour or
    disfavour any client, class of clients, or investment fund in the allocation of
    investment opportunities so that over a period of time, such opportunities will be
    allocated among clients and Funds on a fair basis.
    (b) The Manager, as required by applicable securities laws, will ensure that all
    investments and recommendations made on behalf of the Account are suitable for
    the Client in light of the Investment Policy, which includes, among other things,
    the Client’s investment objectives, financial circumstances and risk tolerance.
    (c) When placing orders with brokers and dealers, the Manager shall seek to obtain
    best execution for the Account in accordance with the Manager’s policy on best
    execution and applicable laws. In the event that the Client directs the Manager at
    any time in writing to use a particular broker or dealer to effect transactions for
    the Account, the Client acknowledges that commission rates may not necessarily
    be as favourable as the Manager may have otherwise been able to obtain from a
    broker or dealer selected by the Manager. The Manager may enter arrangements
    involving the use of brokerage commissions generated by the Account (or “soft
    dollars”) with dealers and brokers or other third parties in the course of providing
    services under this Agreement. Such arrangements will only be entered in
    accordance with the Manager’s policies regarding the use of the brokerage
    commissions paid by the Account [attached hereto as Schedule •]. The Manager
    shall, in seeking best execution and entering arrangements involving the use of
    brokerage commissions, comply with all applicable laws. The Manager may
    amend its policies with respect to best execution and arrangements involving the
    use of brokerage commissions at any time without notice to the Client.

    14. ASSIGNMENT AND AMENDMENT
    14.1 No assignment of this Agreement or any part thereof shall be made by either party
    without the written consent of the other party.
    14.2 The parties may at any time, and from time to time, amend this Agreement. Any
    amendment, unless specifically provided for to the contrary herein, shall only be effective
    if made in writing and signed by the Manager and the Client.

    15. TERMINATION

    15.2 The Client’s death, disability or physical or mental incompetence will terminate the terms of this Agreement and Helix Bank will reclaim the funds.

    15.3 This agreement cannot be amended or negotiated for 3 months. At the end of 3 months after the signature and binding of the agreement, negotiations are open to discussion.



    I (the contract initiator) agree to the terms listed above:
    Yes
     
  2. ClarinetPhoenix

    ClarinetPhoenix She does what she wants.
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    Unfortunately we will not be accepting this contract.

    Investment contracts here on ECC need to be simple and clear-cut. User gives you x money, you will return x money + x profit that is a fixed amount by x time.
    We will not entertain variable investment contracts where absolutely nothing is tracked, defined or even enforceable.

    Feel free to forum PM me to discuss your plans with having investors to see if we can come up with something that is within our contract/agreements policies.
     
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