Distribution Agreement between Ingenuity Capital Management, LLC and Rafferty Capital Markets
What is this form?
The Distribution Agreement between Ingenuity Capital Management, LLC, and Rafferty Capital Markets outlines the terms under which Rafferty Capital Markets will act as the principal underwriter for the sale of shares from the Ingenuity Capital Trust. This agreement is essential for ensuring compliance with securities regulations and formalizing the working relationship between the investment advisor and the underwriter. Unlike similar agreements, this document specifically details the services provided, responsibilities of both parties, and legal protections for each entity involved.
Main sections of this form
- Appointment of Rafferty Capital Markets as the principal underwriter.
- Services and duties of Rafferty Capital Markets, including selling shares on a best efforts basis.
- Duties of the Fund regarding information sharing and compliance with regulatory requirements.
- Compensation structure for Rafferty Capital Markets.
- Indemnification clauses to protect against claims and liabilities.
- Termination conditions and amendment procedures for the agreement.
Common use cases
This form is utilized when a mutual fund, like the Ingenuity Capital Trust, seeks to engage an underwriter to manage the offering and sale of its shares. Use this agreement when establishing a formal relationship with an underwriter to ensure compliance with federal and state securities laws, particularly for investment funds looking to distribute shares to the public.
Who should use this form
- Investment funds that need to appoint an underwriter for share distribution.
- Investment advisors looking to formalize their relationship with underwriters.
- Corporate entities involved in public share offerings under U.S. securities law.
Completing this form step by step
- Identify the parties involved: Ingenuity Capital Management, LLC and Rafferty Capital Markets, Inc.
- Clearly state the effective date of the agreement.
- Detail the services and obligations of the underwriter in the appropriate sections.
- Include the terms of compensation as outlined in Schedule B.
- Sign and date the agreement where indicated to execute it legally.
Is notarization required?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
Common mistakes to avoid
- Failing to specify the effective date or the duration of the agreement.
- Omitting specific details about the services to be provided by the underwriter.
- Not maintaining compliance with state-specific regulations during the process.
- Using outdated versions of the agreement, which may not comply with current laws.
Advantages of online completion
- Convenience of downloading and completing the form at any time.
- Editability to customize the agreement as per specific needs.
- Access to reliable legal templates drafted by licensed attorneys.
- Immediate availability for those needing to formalize their underwriter agreements quickly.
Legal use & context
- This form formalizes the relationship between the fund and the underwriter, ensuring both parties are protected under U.S. securities law.
- It establishes clear guidelines to minimize disputes and liabilities during the share offering process.
- Ensures compliance with federal regulations under the Investment Company Act of 1940 and the Securities Act of 1933.
What to keep in mind
- The Distribution Agreement is essential for investment funds and underwriters.
- It outlines responsibilities, services, and legal protections for both parties.
- Users should be aware of state-specific regulations that may apply.
- Using this form online provides flexibility and ease of access.
Form popularity
FAQ
Exclusive dealing or requirements contracts between manufacturers and retailers are common and are generally lawful.
Exclusive Distributor. Terms And Conditions Of Sale. Pricing. Term Of The Agreement. Marketing rights. Trademark licensing. The geographical territory covered by the agreement. Performance.
In an exclusive distributor agreement, the supplier and wholesaler-distributor agree that the wholesaler-distributor will deal exclusively with the supplier for certain products. Such agreements foreclose the supplier's competitors from accessing the marketplace through the exclusive distribution network.
Terms and conditions of sale; term for which the contract is in effect; marketing rights; trademark licensing; geographical territory covered by the agreement; performance; reporting; and. circumstances under which the contract may be terminated.
