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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.

No AFSL – $14 million in penalties

MARQ Trustees writes about the Full Federal Court’s decision in the BPS Financial case, in which a company was found to have issued and promoted an investment product without an AFSL and also having engaged in misleading and deceptive conduct. The judge said that the company “engaged in serious and unlawful misconduct”. The decision once again reinforces the serious consequences of acting without an AFSL.

Navigating new horizons in property: 2025 PFA Conference

MARQ Trustees’ Managing Director, Andrew Patrick, joined leading property fund figures at the 2025 Property Funds Association (PFA) Conference on the Gold Coast

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Six and a half year ban for property developer for promoting property investments without an AFSL  

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).

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Can I accept foreign “wholesale” investors into my fund?

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.

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Parliamentary Committee leaves wholesale investor test alone

In a great outcome for our clients and for the broader industry, the Federal Parliamentary Joint Committee on Corporations and Financial Services (Joint Committee) has decided against recommending an increase to the current wholesale investor test financial thresholds in Australia.

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Property with Purpose: The Intention Sumner Social Investment Fund

MARQ Trustees is proud to announce its role as Trustee of the Intention Sumner Social Investment Fund. The Fund makes real asset investments that aim to provide investors with attractive, risk-considered returns, whilst delivering a positive social impact.

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MARQ Trustees acts as trustee in acquisition of Melbourne Place hotel

MARQ Trustees is pleased to announce its role as trustee for the Russell Street Hotel Fund in the successful acquisition of Melbourne Place, a boutique hotel located in the heart of Melbourne's CBD.

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Court issues $1.25 million penalty to unlicensed property scheme promoter

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.

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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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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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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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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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