83,240
edits
Template:Misrepresentation by agent: Difference between revisions
Template:Misrepresentation by agent (view source)
Revision as of 19:14, 21 November 2019
, 21 November 2019no edit summary
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 1: | Line 1: | ||
===[[Representations]] by [[agent]]s on [[agent]]’s own behalf=== | ===[[Representations]] by [[agent]]s on [[agent]]’s own behalf=== | ||
Where your client’s obligations under the {{isdama}} are stewarded by an [[agent]] — quite common for an [[investment manager]] trading on behalf of a [[fund]] — a [[broker]] might think about having the [[agent]] represent, on its own behalf, about its role as [[agent]]. It might ask the [[agent]] to do this in the ISDA. The sound of an [[asset manager]] confirming its ongoing authority to bind its [[principal]] gladdens a broker’s heart. A full-throated assertion of its own regulatory authorisation; its continued [[good standing]] with the companies office; the continued involvement of its [[key person]]s in making investment decisions — each is sure to put a jaunt in a [[broker]]’s stride. | Where your client’s obligations under the {{isdama}} are stewarded by an [[agent]] — quite common for an [[investment manager]] trading on behalf of a [[fund]] — a [[broker]] might think about having the [[agent]] represent, on its own behalf, about its role as [[agent]]. It might ask the [[agent]] to do this in the ISDA. The sound of an [[asset manager]] confirming its ongoing authority to bind its [[principal]] gladdens a broker’s heart. A full-throated assertion of its own regulatory authorisation; its continued [[good standing]] with the companies office; the continued involvement of its [[key person]]s in making investment decisions — each is sure to put a jaunt in a [[broker]]’s stride. [[Mediocre lawyer|Imaginative in-house counsel]] for the [[broker]] will doubtless dream up others. | ||
But tarry a while. Firstly, your [[investment manager]] will sign as [[agent]], for the [[client]], not on its own behalf. For many this will be an article of profound faith: they will be at some pains, which they will willingly inflict on you, to avoid the barest hint they are speaking for themselves. “When an [[agent]], ''as'' [[agent]] opens its mouth,” they will tell you, “it ''becomes'' its [[principal]] for all purposes that interest the law.” | But tarry a while. Firstly, your [[investment manager]] will sign as [[agent]], for the [[client]], not on its own behalf. For many this will be an article of profound faith: they will be at some pains, which they will willingly inflict on you, to avoid the barest hint they are speaking for themselves. “When an [[agent]], ''as'' [[agent]] opens its mouth,” they will tell you, “it ''becomes'' its [[principal]] for all purposes that interest the law.” | ||