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An AFSL is a legal requirement for virtually every person that raises money

An Australian Financial Services License (AFSL) is a legal requirement for virtually every person that raises money. But considering its longevity and integral role it plays in the industry, it’s surprising how much confusion and uncertainty surrounds an AFSL. We explain more in this article. UNDERSTANDING THE ROLE OF AFSLs AND WHEN THEY’RE REQUIRED An […]

Am I carrying on a “financial services business”?

The key to an AFSL requirement centres on the words: ‘Carrying on a financial services business’.

Conscious Investment Management grows partnership with Liverty Housing to provide further SDA residences

MARQ Trustee’s impact investment client Conscious Investment Management (CIM) has purchased a further 44 Specialist Disability Accommodation (SDA) housing assets in partnership with Liverty Housing.

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MARQ Trustees welcomes General Counsel Matthew Moses to the team

MARQ Trustees has welcomed a new team member, Matthew Moses, as General Counsel. Matt will play a key role in streamlining legal documentation and processes for clients.

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MARQ Trustees announces Sydney presence at One Farrer Place

To better service its Sydney based clients, MARQ Trustees is excited to announce it now has a presence in the city at One Farrer Place.

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Atlantis’ launch of the Australian Fisheries Investment Trust

MARQ Trustees is providing trustee, custody, fund administration, unit pricing and unit registry services to the Australian Fisheries Investment Trust of which Atlantis Fisheries Consulting Group is the Investment Manager.

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Bayley Stuart Funds Management acquires 628 Bourke St Melbourne

MARQ Trustees has supported Bayley Stuart’s 628 Bourke St Fund by providing its full suite of fund administration, unit pricing and registry services.

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Conscious Investment Management partners with Greening Australia to acquire and restore Australian landscapes

MARQ Trustees’ client Conscious Investment Management (CIM) has partnered with environment not-for-profit Greening Australia to deliver biodiverse environmental planting projects across Australia.

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Beware “double duty” risks – investors coming into a property fund might be aggregated

MARQ Trustees writes about a recent Victorian Court of Appeal decision which confirmed the State Revenue Office’s assessment of (stamp) duty on an aggregated basis. It’s a stark reminder to always get expert advice when structuring a property purchase and fund raising. 

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Criminal conviction for promoting an investment without an AFSL demonstrates what can happen when you ignore the law

MARQ Trustees write about a NSW criminal conviction serving as a reminder about the consequences of acting without an AFSL.

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The obligations of an AFS Licensee and Trustee

As AFS licensees, we are required to meet strict financial guidelines as set out in the Corporations Act 2001.

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Transaction steps and documents

The transaction steps and documents required for your fund will depend on many factors.

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Taxation implications

A fund that is a unit trust is generally treated as a flow through vehicle for taxation purposes unless it is characterised as a ‘public trading trust’.

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Jurisdictional Issues

The right to offer an investment in a fund may be restricted in certain countries.

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Do I need a Product Disclosure Statement or an Information Memorandum?

A Product Disclosure Statement (PDS) is a document required under the Corporations Act 2001 to be issued to prospective investors which must contain sufficient information so that a retail investor may make an informed decision about whether to invest.

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What’s the difference between a registered and unregistered fund?

Generally, it is easier and cheaper to structure and promote a fund as an unregistered fund compared to a registered fund.

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Why use a unit trust and not a company?

There are several key issues that make it undesirable to use a company structure to raise private capital. Each stems from the way companies are regulated through the Corporations Act 2001.

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