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Knowledge
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 […]
Knowledge
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 2024 Property Funds Association (PFA) Conference
News
30th April 2024
MARQ Trustees’ Managing Director, Andrew Patrick, and CFO, Matthew Haynes, joined the property fund industry's finest at the 2024 Property Funds Association of Australia Annual Conference on the Gold Coast....
The obligations of an AFS Licensee and Trustee
Knowledge
24th April 2024
CORPORATIONS ACT OBLIGATIONS AND COMPLIANCE OBLIGATIONS TO ASIC As AFS licensees, we are required to meet strict financial guidelines as set out in the Corporations Act 2001. Under the conditions...
Transaction steps and documents
Knowledge
24th April 2024
The transaction steps and documents required for your fund will depend on many factors. Typically, we can have the fund establishment documents and draft Information Memorandum with you in a...
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’. To be a...
Jurisdictional Issues
Knowledge
24th April 2024
The right to offer an investment in a fund may be restricted in certain countries. No recipient of the PDS or the IM, in any country other than Australia, may...
Do I need a Product Disclosure Statement or an Information Memorandum?
Knowledge
24th April 2024
1. 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...
What’s the difference between a registered and unregistered fund?
Knowledge
24th April 2024
1. Generally, it is easier and cheaper to structure and promote a fund as an unregistered fund compared to a registered fund. A registered fund is a far more onerous...
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...
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.” These schemes are...
Am I carrying on a “financial services business”?
Knowledge
24th April 2024
The key to an AFSL requirement centers on the words: ‘Carrying on a financial services business’. If you are in the business of providing financial services (such as the raising...
Authorised Representatives, Corporate Authorised Representatives and CAR Agreements
Knowledge
20th April 2024
An authorised representative is an individual or entity that acts on behalf of an Australian Financial Services licence (AFSL) holder to provide financial services to clients. An authorised representative must...
Do I need an AFSL if I raise money?
Knowledge
19th April 2024
In finance and investment, the concept of an Australian Financial Services Licence (AFSL) is often met with confusion and uncertainty. Many individuals who engage in fundraising activities, whether it be...
Common questions answered
Knowledge
19th April 2024
WHAT IS AN AFSL? AFSL stands for Australian Financial Services License. It is a license issued by the Australian Securities and Investments Commission (ASIC) that allows a company to carry...
Glossary and Terminology
Knowledge
18th April 2024
AFSL Australian Financial Services Licence ASIC Australian Securities & Investments Commission Authorised Representative A person or entity that has been authorised by the holder of an AFSL to provide Financial Services. Constitution A document...
MARQ Trustees’ client Clean Energy Transfer Fund at the forefront of renewable energy
Clients
4th April 2024
MARQ Trustees is proud to be providing AFSL services to the Clean Energy Transfer Fund (CETF). The Clean Energy Transfer Fund is an Australian-based energy trading fund with over A$100...
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