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Knowledge
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.
Knowledge
Do I need an AFSL if I raise money?
Usually, yes. The financial services rules were introduced to regulate the raising of money and promote transparency and accountability in financial transactions. They generally apply to anyone who is raising money by whatever means.
Glossary and Terminology
Knowledge
18th April 2024
This article provides a list of terms and definitions related to wholesale funds management in Australia.
Six and a half year ban for property developer for promoting property investments without an AFSL
Knowledge
20th March 2025
MARQ Trustees writes about ASIC’s ban of Kingdom Developments Group director, for offering investment in property developments without an AFSL (Australian Financial Services Licence).
Can I accept foreign “wholesale” investors into my fund?
Knowledge
13th March 2025
A common question we get asked by Investment Managers is “Can I accept foreign investors into my fund”? In this article, we write about the rules for foreign investment into Australian wholesale funds.
Court issues $1.25 million penalty to unlicensed property scheme promoter
Knowledge
11th December 2024
In a first for an Australian Court, a $1.25 million penalty has been ordered against high profile property investment scheme promoter Sasha Hopkins for operating unregistered managed investment schemes.
Landholder duty – be aware of the rules
Knowledge
27th November 2024
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.
ASIC focuses on property investment schemes and continues emphasis on pursuing action in the Courts
Knowledge
20th November 2024
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.
Being “knowingly concerned” – Could you or your client be at risk?
Knowledge
23rd October 2024
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.
Beware “double duty” risks – investors coming into a property fund might be aggregated
Knowledge
15th August 2024
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.
The obligations of an AFS Licensee and Trustee
Knowledge
24th April 2024
As AFS licensees, we are required to meet strict financial guidelines as set out in the Corporations Act 2001.
Transaction steps and documents
Knowledge
24th April 2024
The transaction steps and documents required for your fund will depend on many factors.
Taxation implications
Knowledge
24th April 2024
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’.
Jurisdictional Issues
Knowledge
24th April 2024
The right to offer an investment in a fund may be restricted in certain countries.
Do I need a Product Disclosure Statement or an Information Memorandum?
Knowledge
24th April 2024
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.
What’s the difference between a registered and unregistered fund?
Knowledge
24th April 2024
Generally, it is easier and cheaper to structure and promote a fund as an unregistered fund compared to a registered fund.
Fund, syndicate, unit trust … or a company?
Knowledge
24th April 2024
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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