News & Knowledge
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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.
MARQ Trustees welcomes General Counsel Matthew Moses to the team
News
1st July 2024
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.
MARQ Trustees announces Sydney presence at One Farrer Place
News
19th June 2024
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.
Atlantis’ launch of the Australian Fisheries Investment Trust
Clients
13th June 2024
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.
Bayley Stuart Funds Management acquires 628 Bourke St Melbourne
Clients
13th June 2024
MARQ Trustees has supported Bayley Stuart’s 628 Bourke St Fund by providing its full suite of fund administration, unit pricing and registry services.
Conscious Investment Management partners with Greening Australia to acquire and restore Australian landscapes
Clients
16th May 2024
MARQ Trustees’ client Conscious Investment Management (CIM) has partnered with environment not-for-profit Greening Australia to deliver biodiverse environmental planting projects across Australia.
The 2024 Property Funds Association (PFA) Conference
News
30th April 2024
MARQ Trustees joined the property fund industry's finest at the 2024 Property Funds Association (PFA ) conference.
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.
What is a “fund”?
Knowledge
24th April 2024
The terms “fund,” “syndicate,” “club investment” and various other terms all refer to the same concept defined under the Corporations Act 2001 as a “managed investment scheme.”
Am I carrying on a “financial services business”?
Knowledge
24th April 2024
The key to an AFSL requirement centres on the words: ‘Carrying on a financial services business’.