forvaltningsavtaler

Forvaltningsavtaler are contracts in which one party appoints another to manage or administer certain assets, services, or operations on its behalf. They are used in both private and public sector contexts. In financial services, forvaltningsavtaler govern the management of investment portfolios or assets by an asset manager or fund manager for a client. In the public sector, they may underpin outsourcing arrangements where a municipality, region, or state agency delegates the operation or management of services, properties, or facilities to a private or non-profit actor.

A forvaltningsavtale typically specifies the scope of the mandate, the authority granted to the forvalter, and the decision rights over day-to-day and strategic actions. It covers fiduciary duties or responsibilities, investment or operational guidelines, risk limits, and performance targets. The agreement outlines reporting requirements, fee structures, and how performance is measured and reviewed. It also includes terms on confidentiality, data protection, compliance with applicable laws, audit rights, liability, and procedures for dispute resolution and termination.

Regulatory and governance considerations are central. In Norway and many other jurisdictions, forvaltningsavtaler are subject to general contract law and, where relevant, financial regulation and sector-specific rules. Public-sector agreements are often subject to procurement and administrative law requirements to ensure transparency and value for money.

Key considerations when entering a forvaltningsavtale include clarity of mandate, alignment of incentives, robust oversight and reporting, and well-defined termination and exit provisions. Proper governance helps mitigate outsourcing risks and supports accountability for performance and compliance.