Funds management

We work hard to ensure that our clients structure their products and provide their services so they meet their commercial objectives, whilst dealing with the complex regulatory and compliance issues.

We can:

  • apply for, or vary, an Australian financial services (AFS) licence to enable you to operate a wholesale or retail fund
  • establish wholesale unregistered schemes, including the preparation of trust deeds and the terms of issue of unit classes
  • establish registered retail managed investment schemes
  • prepare the necessary scheme documentation, including constitution and compliance plan (in the case of registered schemes)
  • review custody agreements
  • register a retail fund with ASIC, including preparation of the necessary ASIC forms
  • prepare or review your disclosure document, such as a product disclosure statement for a retail fund or information memorandum for a wholesale fund
  • structure the fund so it meets the requirements of the managed investment trust (MIT) tax regime
  • establish fund of funds
  • advise you about your ongoing compliance arrangements, including breach reporting and continuous disclosure
  • assist you with governance issues relating to financial service providers, including conflict issues, directors’ duties and trustee duties
  • assist you with compliance committee establishment, including drafting compliance committee charters and member appointment agreements
  • prepare unit pricing policies
  • assist you comply with the laws and ASIC policy relating to advertising financial products
  • assist you in calculating net tangible assets (NTA) and surplus liquid funds (SLF)
  • draft responsible manager appointment agreements
  • draft authorised representative appointment agreements
  • draft privacy policies and website disclaimers
  • draft AML/CTF compliance programmes and undertake independent reviews
  • prepare AML/CTF client identification packs
  • assist with Austrac registration and reporting
  • prepare compliance manuals and frameworks
  • undertake independent compliance reviews and updates
  • draft product distribution agreements and referral arrangements
  • deal with regulatory investigations by ASIC
  • review finance documents for debt facilities
  • defend or launch takeover bids for funds
  • assist with restructuring issues, such as trust mergers and changes in responsible entity
  • assist with insolvency and deregistration issues, and
  • manage and defend administrative actions by ASIC.
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