Our Financial Services team advises a range of industry clients including fund managers, superannuation funds, corporate trustees, life insurers, health insurance funds, asset consultants and custodians. We collaborate with other specialists within the firm to provide pragmatic, efficient and comprehensive legal solutions to regulatory and transactional issues.
Our team advises on a full range of issues reflecting the managed fund lifecycle, including:
- Establishment of wholesale and retail managed funds, registration and licencing of responsible entities, advice concerning regulation of managed funds
- Preparation and review of information memoranda and product disclosure statements, advice in relation to regulatory issues, liaising with ASIC.
Mergers and acquisitions
- Restructure and re-organisation of managed funds; mergers, acquisitions and disposals
- Asset divestment, responsible entity replacement, refinancing of managed funds and advice concerning financially distressed managed funds.
Licencing and regulatory
- Issue and variation of Australian Financial Services Licences
- Dispute resolution, regulatory issues, breach notices and inquiries initiated by ASIC.
- Preparing and reviewing information memoranda and product disclosure statements and advising on compliance with disclosure requirements generally and member reporting.
Litigation and Dispute Resolution
- Strategic advice on initiation and defence of proceedings in the funds management and superannuation sphere; general conduct and stewardship of proceedings.
- Advice in relation to corporate governance issues, conflicts of interests and duty, delegations, codes of conduct and meeting protocols
- Risk management and advice concerning regulatory issues arising with the regulator, ASIC.
We can provide advice on the establishment of wholesale funds and the preparation and review of information memoranda and disclosure material.
We have experience in the establishment of all types of wholesale funds, including:
- Significant Investor Visa (SIV) Funds
- Property Trusts
- Infrastructure (Utilities) Trusts
- Mortgage Funds
- Fixed Interest (cash, bonds) and Equity Funds
- Special purpose investment vehicle funds.
We also advise in relation to the licencing and regulatory requirements applicable to wholesale funds, trustee corporate governance and risk management.
- Advice in relation to acquisition and disposal of financial planning practices, structuring of financial planning businesses and service offerings, documentation and negotiation of member firm arrangements and representative appointments.
- Compliance and regulation advice on financial services including services disclosure, Freedom of Financial Advice reforms, reporting obligations and application for and variations of Australian Financial Services licences.
Investments and Private Equity – Structuring
- Legal and tax due diligence of acquisitions and divestments of interests in collective investment and other private equity structures (equities, alternative investments, property, infrastructure)
- Establishment of special purpose investment vehicles, shareholder joint venture and partnership style arrangements
Outsourcing – Investments, Custody and Administration
- Investment mandates, investment management agreements, equities, fixed interest, infrastructure), transition manager agreements
- Currency overlay and derivative hedge agreements, custody and administration services agreements.
- Development of risk management provisions for Exchange Traded Over The Counter derivatives to control their use and to place counterparties on notice of any limitations and constraints
- Legal analysis of futures trading arrangements.
- Advising on all aspects of real estate acquisitions, including property due diligence and negotiating, exchanging and settling a variety of acquisition models, corporate and tax structuring advice, joint venture and property development agreements, property finance, master leasing documentation and construction documentation.