All you need to know about raising private capital through a managed investment scheme.

In almost every case, if you raise money – from people you know or from strangers – you need an Australian Financial Services License (AFSL). The method by which you raise funds does not alter this requirement. Raising money in Australia is a heavily regulated activity. There are severe penalties – including imprisonment for up to five years – for people who do not comply with the rules, and that includes both the party raising the money and those who assist them.

Transaction steps and documents

The transaction steps and documents required for your fund will depend on many factors. Typically, we can have the fund establishment documents and draft Information Memorandum with you in a matter of weeks.

STEP Document Purpose
1 MARQ Trustees’ Engagement Letter Sets out key terms of the proposed engagement of MARQ Trustees.
2 MARQ Trustees’ Lawyers to draft:
  • Fund Constitution
  • Establishes the Fund
  • Sub Trust Constitution
  • May be required if external (bank or other) debt involved.
  • Investment Management Agreement
  • Trustee appointment of the client as investment manager to manage the business of the fund, services to be performed, reporting required and fees payable.
  • Authorised Representative Agreement
  • Trustee appointment of the client as a representative authorising the client to provide financial services to investors.
  • Fund Administration Agreement
  • Trustee appointment of fund administrator to provide ongoing fund administration services.
  • Registry Services Agreement
  • Trustee appointment of registry service provider to provide online applications portal ongoing registry services.
    3 Execute transaction documents Austria
    4 MARQ Trustees’ Lawyers to draft:
  • Information Memorandum
  • Disclosure of sufficient information to enable an investor to make an informed decision about whether to invest.
  • Verification file
  • Compilation of documents to verify all statements made in the Information Memorandum.
  • Legal sign-off to trustee
  • 5 MARQ Trustees releases Information Memorandum

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