Private Asset Management Agreement

example


This Private Asset Management Agreement (“Agreement”), dated as of                                    , is entered into by and between ABC EXAMPLE (the “Client”) and Bluhe Shire Trust, a U.S. Private Trust (the “Private Asset Manager”).


W I T N E S S E T H

WHEREAS, the Client desires to avail itself of the experience, sources of information, advice, assistance, and certain facilities available to the Private Asset Manager and to have the Private Asset Manager undertake the duties and responsibilities hereinafter set forth, subject to the supervision of the Client.


WHEREAS, the Private Asset Manager is willing to render such services, subject to the supervision of the Client, on the terms and conditions set forth hereinafter.


NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained herein, the parties hereto agree as follows:


1. Definitions

Affiliate or Affiliated: Any individual, corporation, partnership, limited liability company, trust, or other association that controls, is controlled by, or is under common control with another entity.

Agreement: This Private Asset Management Agreement between the Client and the Private Asset Manager, as amended from time to time.

Asset: Refers to any asset under management by Bluhe Shire Trust on behalf of the Client for purposes of monetization or trade.

Private Asset Manager: Bluhe Shire Trust, a U.S. Private Trust.


2. Appointment

The Client hereby appoints Bluhe Shire Trust as its Private Asset Manager on the terms and conditions set forth in this Agreement, and the Private Asset Manager accepts the appointment.


3. Asset Description

  • Asset Description:
  • Underlying Asset:
  • Face Value:
  • Disposition:
  • Location:
  • SKR Number:
  • Notes:


4. Gross Offering Proceeds

Refers to the proceeds from the monetization of assets, with revenue shares distributed 50% to the Client and 50% to the Private Asset Manager, net of any agreed-upon fees.


5. Duties of the Private Asset Manager

The Private Asset Manager is responsible for managing, operating, and supervising the monetization process of the Client’s assets. The Private Asset Manager will:


  • a. Manage the monetization of the Client’s assets and report to the Client.
  • b. Perform administrative functions reasonably necessary for the management of the assets.
  • c. Engage third parties necessary for performance, such as accountants, lenders, brokers, or escrow agents, with prior approval from the Client.
  • d. Conduct due diligence as required by the Client to ensure informed business decisions.
  • e. Monitor and evaluate the performance of the monetized assets.
  • f. Negotiate with banks or lenders for loans against the Client's assets, when applicable.
  • g. Provide ongoing services related to the management of monetized proceeds.


6. Authority of the Private Asset Manager

The Private Asset Manager shall have the authority to perform the services described above, subject to approval from the Client where necessary. The Private Asset Manager may delegate responsibilities to affiliates or third parties, as appropriate.


7. Delivery of Documents & Acceptance

After signing this Agreement, within 48 hours, the Client shall provide Bluhe Shire Trust with documentation related to the assets, including pre-advice of any bank instrument, assignment deeds, and other necessary documentation for the verification of assets.


8. Payments and Fees

The Private Asset Manager will receive a fee of $30,000, payable by the Client from the proceeds of the asset management process. The Private Asset Manager is fully responsible for payment without charging any additional fees to the Client.


9. Records & Access

The Private Asset Manager will maintain detailed records of all activities related to this Agreement and make them available to the Client upon request during normal business hours.


10. Limitations on Activities

The Private Asset Manager shall refrain from any activities that would adversely affect the Client’s assets or project funding. The Private Asset Manager shall notify the Client of any concerns related to regulatory issues before proceeding with any actions.


11. Other Services

Additional services requested by the Client beyond the scope of this Agreement will be separately compensated as agreed upon by both parties.


12. Other Activities of the Private Asset Manager

The Private Asset Manager is permitted to engage in other business activities unrelated to this Agreement and may manage assets for other clients without conflict, provided there is no interference with its duties to the Client.


13. Relationship of the Private Asset Manager and the Client

This Agreement is an independent contractor agreement. Neither party is deemed a partner or joint venturer of the other.


14. Termination of Agreement

This Agreement may be terminated with proper notice by either party. The Client may terminate for cause if there is fraud, willful misconduct, or gross negligence by the Private Asset Manager, as determined by a court of competent jurisdiction.


15. Assignment

This Agreement may be assigned to an affiliate of the Private Asset Manager with Client approval. Rights to receive fees may be assigned without such approval.


16. Indemnification

The Client agrees to indemnify and hold the Private Asset Manager harmless from any liability arising from the execution of their duties under this Agreement, except in cases of fraud, gross negligence, or willful misconduct.


17. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA. The courts of Florida shall have exclusive jurisdiction to resolve any disputes arising out of or related to this Agreement.


18. Miscellaneous

  • Notices: All notices under this Agreement will be sent to:
  • Client: ABC Example
  • Private Asset Manager: Bluhe Shire Trust, Attn: Kalib M. Loy, 7901 4th St. N STE 6602, St. Petersburg, FL 33702.
  • Modification: This Agreement may be modified only by written agreement of both parties.
  • Severability: If any part of this Agreement is invalid, the remaining sections shall continue to apply.
  • Entire Agreement: This document constitutes the entire agreement between the parties.


IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.


ABC Example
By: ___________________________
Name: _________________________
Date: __________________________


Bluhe Shire Trust
By: ___________________________
Name:
Title: Trustee
Date: __________________________

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