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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’.

The Big Reset: MARQ Trustees attends the 2024 Annual Property Funds Industry Forum

MARQ Trustees joined property funds industry professionals at the 2024 Annual Property Funds Industry Forum in Queenstown, New Zealand, hosted by Core Property. 

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Conscious Investment Management delivers measurable impact in 2024

MARQ Trustees is proud to share the 2024 Impact Report from our client, Conscious Investment Management (CIM).

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Registry Direct delivers streamlined investor application process for clients

In a video case study, MARQ Trustees Managing Director, Andrew Patrick, discusses how the Registry Direct platform has helped streamline investor onboarding processes for clients.

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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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Landholder duty – be aware of the rules

When structuring a property investment fund and the purchase of assets for it, stamp duty is always a key consideration. The stamp duty rules in the different States and Territories can be a confusing minefield and great care (and expert advice) is always needed when navigating through them.

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ASIC focuses on property investment schemes and continues emphasis on pursuing action in the Courts

ASIC has just released its enforcement priorities for 2025. They continue a theme of consumer credit protections, but also call-out property investment schemes and conduct which exploits superannuation savings.

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Being “knowingly concerned” – Could you or your client be at risk?

A recent High Court decision could have a ripple effect across the financial services space. Professional advisers should be aware of the potential adverse consequences for them and for the directors and employees of a client company which breaches the financial services laws.

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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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