Assent Advisory
SEBI Registered Investment Advisers Registration No. INA000003452
Investment Advisory Services Agreement
THIS INVESTMENT ADVISORY SERVICES AGREEMENT (the "Agreement") is made on
this 29/07/2021
BETWEEN
Assent Advisory, a registered investment advisor with SEBI Registration No.
INA0O0003452having office at office at Plot No. 109-110,Scheme No.54, Pu-4, Îndore, Madhya
Pradesh, 452010, (hereinafter rcferred to as the "INVESTMENT ADVISOR" which expression
shall unless excluded by or repugnant to the context, be deemed to include its administrators and
permitted assigns) of the FIRST PART
And
Mr noman danish shaikh shafi ahamad (Client), S/o shafi ahmad of ramat nagar near rahmadiya mahjid domgao
dis budhana maharastra ( Address of client) (hereinafter referred to as the "CLIENT" which expression shall
unless it be repugnant to the context or be deemed to mean and include, its administrators &
permitted assigns) of the SECOND PART;
Both INVESTMENT ADVISOR and the CLIENT shall also hereinafter individually referred
to as Party & collectively as Parties.
Whereas the CLIENT is desirous of availing the advisory services in respect of the analysis of the
investment portfolio from the Investment Advisor on the terms & conditions as deseribed
hereinafter
1. APPOINTMENT OF THE INVESTMENT ADVISER:
I.IIn accordance with the applicable laws, client hereby appoints, entirely at his / her / its risk,
the Investment Adviser to provide the required services in accordance with the terms and
conditions of the agreement as mandated under Regulation19(1(d) of the Securities and
Exchange Board of India (Investment Advisers) Regulations, 2013.
2. CONSENT OF THE CLIENT
1 / We have read and understood the terms and conditions of Investment Advisory services
2.1
provided by the Investment Adviser along with the fee structure and mechanism for
charging and payment of fee."
2.2 Based on our written request to the Investment Adviser, an opportunity was provided by
the Investment Adviser to ask questions and interact with person(s) associated with the
investment advice".
3. DECLARATION FROM THE INVESTMENT ADVISER
Investment Adviser shall neither render any investment advice nor charge any fee until the
3.1
client has signed this agreement.
behalf of the client and that it
3.2 Investment Adviser shall not manage funds and securities on
are necessary to discharge the
shall only receive such sums of monies from the client as
client's liability towards fees owed to the Investment Adviser.
its services to the client, hold out
3.3 Investment Adviser shall not, in the course of performing
return or
assured returns or minimum returns or target
any investment advice implying any
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percentage accuracy or service provision till achievemcnt of targct rcturns or any othcr
nomenclature that gives the impression to the client that thc investmcnt advice is risk-free
and/or not susceptible to market risks and or that it can generate returns with any level of
assuranece.
4. FEES SPECIFIED UNDER INVESTMENT ADVISER REGULATIONSAND
RELEVANTCIRCULARS ISSUEDTHEREUNDER
4.1 Regulation 15 A of the amended IA Regulations provide that Investment Advisers shall be
entitled to charge fees from a client in the manner as specified by SEBI, accordingly
Investment Advisers shall charge fees from the clients in either of the two modes:
(4)Assets under Advice AUA mode
a) The max imum fees that may be charged under this mode shall not exceed 2.5 percent of
AUA per annum per client across all services offered by IA.
b) IA shall be required to demonstrate AUA with supporting documents like demat
statements, unit statements etc. of the client.
)Any portion of AUA held by the client under any pre-existing distribution arrangement
with any entty shall be deducted from AUA for the purpose of charging fee by the lA.
(B) Fixed fee mode
The maximum fees that may be charged under this mode shall not exceed INR 1,25,000 per
annum per client across all services offered by IA.
4.2 General conditions under both modes
a) In case "family of client" is reckoned as a single client, the fee as referred above shall
be charged per "family of client".
b) IA shall charge fees from a client under any one mode ie. (A) or (B) on an annual
basis. The change of mode shall be effected only after 12 months of on boarding/last
change of mode.
c)Ifagreed by the client, IA may charge fees in advance. However, such advance shall
not exceed fees for 2 quarters.
d) In the event of pre-mature termination of the IA services in terms of agreement, the
client shall be refunded the fees for unexpired period. However, IA may retain a
maximum breakage fee of not greater than one quarter fee.
5. FEESAPPLICABLE TO THE CLIENT AND BILLING
5.1 Details of Fees to be charged are following:
() The quantum and manner of payment of fees for investment advice rendered.
Product Subscribed Amount (Quantum) Mode of Payment
Hni option 32000/- (including GST) NEFT
RTGS/IMPS/UPI
(i) Fee modalities and periodicity, by- attaching a detailed fee schedule to the
agreement;
a
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Fees accepted strictly by account payee crossed cheques / demand draft or
by way of direct credit into my bank account through NEFT/ RTGS/ IMPS/
UPI. Cash deposits are not accepted for any of the scrvice
provided.
(ii) Ilustration(s) on how the fee will be determined;
The fee will be based on the NAV, as calculated by the Investment Advisor, in
his books, after accounting for his advice.
Please provide an Illustration
(iv) whether payment to be made in advance
For a new alc, 1s two installments shall be payable at the tinme of signing up for
services and then the fees are payable quarterly, in advance.
(v) type of documents evidencing receipt of payment of fee;
Invoice of Payment.
(vi) Periodicity of billing with clear date and service period.
S. No. Service Subscribed Service Period
Hni option 2 months
5.2 The payment of fees shall be through any mode which shows traceability of funds. Such
modes may include account payee crossed cheque/ Demand Drafts or by way of direct
credit to the bank accounts through NEFT/ RTGS/ IMPS/ UPI or any other mode specified
by SEBI from time to time. However, the fees shall not be in cash.
5.3 Investment Advisor shall receive all considerations by way of remuneration or
compensation or in any other form from the client only and not from any person other than
the client being advised, in respect of the underlying securities or investment products for
which the advice is or to be provided.
6. SCOPE OF SERVICE
6.1 Investment Advisor may provide some or all ofthe following services to the Client:
6.1.1 Assist in articulating the family goals & objectives.
6.1.2 Assist in assessing the risk profile
6.1.3 Develop an Investment Policy Statement based on your goals and risk profile.
6.1.4 Develop investment recommendations based on goals & risk profile and assist in
implementing these recommendations.
6.1.5 Provide advice with respect to the investment in equity, mutual funds, insurance,
commodities and other financial assets, as ncedcd, and assist in implementing
recommendations.
6.1.6 Provide advice and recommendations in any other areas of financial planning in
which Advisor or Client identifies a need.
7. DUTIES & FUNCTIONS OF THE INVESTMENT ADVISER
Investment Advisor shall provide Investment Advisory Services to the Client during the
7.1
term of this Agreement on investment in all financial/investment products under all
regulated authorities as is permitted under applicable laws and regulations governing
Investment Advisor & the financial industry. The services rendered by the Investment
Advisor are non-binding non-recourse advisory in nature and the final decision on the type
of instruments; the proportion of exposure and tenure of the investments shall be taken by
the Client at its discretion.
Investment Advisor shall act in a fiduciary capacity as one of the advisors to the Client with
7.2
respectto managingits investment-related holistically & will be providing all
portfolio
back end supporting services. Investment Advisor shall act in a. confide manner for the
benefit and in the interest of the Client.
7.3 Investment Advisor shall be in compliance with the SEBI (Investment Advisers)
Regulations, 2013 and its anmendments, rules, circulars and notifications.
Investment Advisor shall be in compliance with the eligibility criteria as specified under the
7.4
IA Regulations at all times.
Pursuant to the SEBI (INVESTMENT ADVISERS) REGULATIONS, 2013 guidelines
7.5
with respect to Risk Profiling and Suitability Assessment, Investment Advisor shall conduct
and risk assessment for each of the clients. As per risk analysis, risk
proper risk profiling
capacity, risk aversion & client requirement, the Investment Advisor needs to ensure that
correct product/service as per client risk tolerance capacity is being offered, which is
suitable for client.
7.6 Investment Advisor shall provide reports to clients on potential and current investments if
requested.
7.7 Investment Advisor shall maintain client-wise KYC, advice, risk assessment, analysis
terms and conditions document, rationale of
reports of investment advice and suitability,
list of clients along with dated
advice, related books of accounts and a register containing
investment advice in compliance with the SEBI (Investment Advisers) Regulations, 2013.
7.8 Investment Advisor shall get annual compliance audit conducted
as per the SEBI
(Investment Advisers) Regulations, 2013.
Investment Advisor undertakes to abide by the Code of Conduct as specified in the Third
7.9
Schedule of the SEBI (Investment Advisers) Regulations, 2013. Investment Advisor shal1
not receive any consideration in any form, if the client
desires to avail the services of
intermediary recommended by Investment Advisor.
8. INVESTMENT OBJECTIVE AND GUIDELINES
Investment Advisor would provide investment advice with respect to investment in equity,
8.1
needed.
mutual funds, insurance, commodities and other financial assets, as
8.2 Investment Advisor undertakes to recommend direct implementation of advice i.e. through
direct schemes/ direct codes, and other client speccifications/ restrictions on investments, if
any.
8.3 Investment Advisor shall provide investment advice based on the risk profiling conducted
for the client, total budgeted investment amount of the client and time period for
deployment as informed by the client.
8.4 Investment Advisor shall communicate the tax related aspects pertaining to investment
advice and as applicable on the investment adviser's fec, if any.
9. RISKFACTORS
9.1 Investments in securities are subject to market risks and there is no assurance or guarantec
that the objective of the investments will be achieved;
9.2 Past performance of the investment adviser does not indicate its future performance.
9.3 The performance of the investments/products may be affected by changes in Government
policies, general levels of interest rates and risks associated with trading volumes, liquidity
and settlement systems in cquity and debt markets.
9.4 Investments in the products which the Clients have opted are subject to wide range of risks
which inter alia also include but not limited to economic slowdown, volatility & illiquidity
of Government and
of the stocks, poor corporate performance, economic policies, changes
action and /or such other
its policies, acts of God, acts of war, civil disturbance, sovereign
acts/ circumstance beyond the control of Investment Advisor or any of its Associates.
manner indicate their
9.5 The names of the products/nature of investments do not in any
in the equity may be adversely affected by the
prospects or returns. The performance
in the market place and industry specific and
performance of individual companies, changes
macro-economic factors.
fixed inco securities are subject to default risk,
9.6 Investments in debt instruments and other
Interest rate risk results from changes in demand and
liquidity risk and interest rate risk. price changes in the value
macroeconomic factors and creates
supply for money and other
of the debt instruments.
10. VALIDITY OF ADVISORY SERVICES
10.1 The validity of this agreement starts from the date of
force till any of the parties terminate it
signing and will continue to be in
by giving I months notice period.
11. AMENDMENTS
11.1 The Investment Adviser and the client shall be entitled to make amendments to this
agreement after mutual agreement. This Agreement may be amended or revised only by an
instrument endorsed by the Client and by Investment Advisor.
12. TERMINATION
12.1 This Agreement may be terminated under the following circumstances, namely-
(a) Voluntary/ mandatory termination by the Investm t Adviser.
(b) Voluntary/ mandatory termination by the client.
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(c) Suspension/Cancellation of registration of Investmcnt Adviser by SEBI.
(d) Any other action taken by other regulatory body/ Govcrnment authority.
12.2 In case of a voluntary termination of the agreement, the client would be required to give a 30
days prior written notice while the Investment Adviser would be required to give a 30 days prior
WTitten notice.
12.3 In of suspension of the certificate of
case
registration of the IA, the client may terminate the
agreement.
13.IMPLICATIONS OF AMENDMENTS AND TERMINATION
13.1 Notwithstanding any such termination, all rights, liabilities and obligations of the parties
arising out of or in respect of transactions entered into prior to the termination of this
relationship shall continue to subsist and vest in/be binding on the respective parties or
his/its respective heirs, executors, administrators, legal representatives or successors, as the
case may be;
13.2 In case the clients are not satisfied with the services being provided by the investment
adviser and want to terminate/ stop Investment Advisory services or the investor adviser is
unable to provide Investment Advisory services, either party shall have a right to terminate
Investment Advisory relationship at any time subject to refund of advisory fee after
deducting one quarters fee as breakage fee in case termination is initiated by the clients and
refund of the proportionate advisory fee in case termination is initiated by Investment
Adviser.
13.3 The Investment Advisor would provide transition support, if requested, to the client in the
event of termination.
14.RELATIONSHIP WITH RELATED PARTIES:
14.1 Investment Adviser is carrying on its activities independently, at an arms-length basis from
all other activities
14.2 Investment Advisor does not have any conflict of interest of the
investment advisory
activities with its relationship with related parties, such conflict of interest shall be
disclosed to the client as and when they arise.
15.INVESTMENT ADVISER ENGAGED IN QTHER ACTIVITIES
15.1 Investment Adviser maintains an
arms-length relationship between its activities às an
investment adviser and other activities and shall ensure that this arm's length relationship
would be maintained throughout the tenure of advisory service
15.2 Investment Adviser shall not provide any distribution services.
15.3 Family of an individual Investment Adviser shall not provide distribution services to the
client advised by the individual Investment
Adviser, for securities and investment products.
15.4 Investment adviser shall not
provide investment advisory services, for securities and
investment products, to a client who is
receiving distribution services from other family
members;
16.
REPRESENTATION TO CLIENT
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16.1 Investment Advisor shall cnsurc that it will take all consents and
client prior to undertaking any actions in relation to the securities
permissions from the
or investment product
advised by the investment adviser.
17.NO RIGHT TOSEEK POWER OF ATTORNEY
17.1 The Investment Adviser shall not seek any
power of attorney or authorizations from its
clients for implementation of investment advice.
18. NO CONFLICT OF INTEREST
18.1 Investment Advisor does not have any conflict of interest of the investment
advisory
activities, such conflict of interest shall be disclosed to the client as and when they arise.
18.2 Investment adviser shall not derive
any direct or indirect benefit out of the client's
securities/investment products.
19.MAINTENANCE OF ACCOUNTS AND cONFIDENTIALITY
19.1 Investment Advisor shall be
responsible for maintenance of client accounts and data as
mandated under the SEBI (Investment
Advisers) Regulations, 2013.
19.2 Investment Advisor shall not
divulge any confidential information about its client, which
has come to its knowledge, without
taking prior permission of its client, except where such
disclosures are required to be made in compliance with any law for the time being in force.
20.LIABILITY OF INVESTMENT ADVISER
20.1 Investment Adviser shall not incur any liability
by reason of any loss, which a client may
suffer by reason of any depletion in the value of the assets under
advice, which result
by reason of fluctuation in asset value, or by reason of non-performance may or under-
performance of the securities/ funds or any other market conditions.
21. REPRESENTATIONS AND COVENANTS:
Investment adviser
Name Contact No. Email Certification Qualification
Mr. Shailesh Singh 91 7313512084
[email protected] (NISM)Investment MBA
Adviser Level 1-2)
Persons associated
Name Contact No. Email Certification Qualification
Mr. Navneet Rana 9826513780
[email protected] (NISM)Investment Graduate
Adviser Level 1-2)
21.1 Investment Advisor is registered with SEBI as Investment Advisor with Registration No.
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INA000003452. The investment adviser got its registration on 9/7/2015and is engaged in
advisory services as approved under SEBI (lnvestment Advisers) Regulations, 2013.
21.2 Investment Adviser shall cnsure that the adviscer, principal officer and persons associatcd
with the investment advice, maintains the qualification and certification throughout the
validity of advisory service.
21.3 Investment Adviser shall ensure that the approvals and consents as mentioned in clause 21.1
&21.2 remains valid throughout the advisory service.
21.4 DEATH OR DISABILITY OF CLIENT:The death or incapacity of the Client shall not
terminate the authority of Investment Adviser granted herein until Investment Adviser receives
actual notice of such death or
incapacity. Upon such noticc client's executor, guardian,
successor, nominee, attorney-in-fact or other authorized repres entative must engage Investment
Adviser in order to continue to service client's accounts.
22. DEATH OR DISABILITY OF INVESTMENT ADVISER:
In the event of the above eventuality in order to ensure protection of interest of the clients and
redressal of clients' claims, the Obligor shall take steps including but not limited to below:
(a) Giving notice to all clients of the occurrence of the eventuality and confirmation of having
taken charge over by the Obligor
(b) Settlement of account with the client (fees payable and/or fees refundable),
(c) Completion of transition of any outstanding business to another duly registered investment
adviser,
(d) Redressal of any outstanding or new disputes/ claims of clients.
23. SETTLEMENT OF DISPUTES AND PROVISION FOR ARBITRATION
23.1 No suit, prosecution or other legal proceeding shall lie
against the Investment adviser for any
damage caused or likely to be caused by anything which is done in good faith or intended to
be done under the provisions of the Securities and
Exchange Board of India (Investment
Advisers) Regulations, 2013.
23.2 This Agreement is subject to the rules and regulations as are or
may be framed/ issued by
the Central Government, the Reserve Bank of ndia (RBI), SEBI and/or any other
competent authority, from time to time.
23.3 All disputes, differences, claims and
questions whatsoever arising from this Agreement
between the Client and Investment Advisor and/or their
these presents shall be in accordance with and
respective representatives touching
subject to the provisions of The Arbitration
and Conciliation Act, 1996, or any statutory modification or
re-enactment thereof for the
time being in force. Such Arbitration
proceedings shall be held at Indore and the
language
of Arbitration will be English.
24.ADHERENCE TO GRIEVANCE REDRESSAL TIMELINES
24.1 Investment Adviser shall be
responsible to resolve the grievances within the timelines
specified under SEBI circulars.
25. SEVERABILITY
25.1 If any provision of this Agreement shall be held or made invalid by a court decision, statute,
rule or otherwise, the remainder of this shall not be affected thereby
Agreement
26. FORCE MAJEURE
26.1 The Investment Adviser shall not be liable for
delays or errors occurring by reason of
circumstances beyond its control,
including but not limited to acts of civil or military
authority, national emergencies, work stoppages, fire, flood, catastrophe, acts of God,
insurrection, war, riot, or failure of communication or power supply.
26.2 In the event of
equipment breakdowns beyond its control, the Investment Advisor shall take
reasonable steps to minimize service
thereto
interruptions but shall have no liability with respect
27. Compliance Contact Person: In case of any query or
grievance, client shall contact through
following medium: Tel No.: 9826513780 Mailid:
[email protected]27. MISCELLANEOUSS
27.1 Each party agrees to
perform such further actions and execute such further agreements as
are necessary to effectuate the
purposes hereof
Investment Adviser
Assent Advisory
Proprietor Mr. Shailesh Singh
SEBIRegistered Investment Advisers Registration No. INA000003452
(Type of Registration- Individual, Validity of Registration- Perpetual)
Address: Plot No. 109-110,Scheme No.54, Pu-4,
Indore, Madhya Pradesh, 4520100
Contact No: 91 73135 12084, Email:
SEBI
[email protected]
regional/local office address 104-105, Satguru Parinay, Opposite C-21 Mall, A.B.
-
Road, Indore -
452010, Madhya Pradesh
Agreed hd Accepted:
Client Signature