News & Knowledge

Featured Articles

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.

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

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.

Read More

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.

Read More

Atlantis’ launch of the Australian Fisheries Investment Trust

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.

Read More

Bayley Stuart Funds Management acquires 628 Bourke St Melbourne

MARQ Trustees has supported Bayley Stuart’s 628 Bourke St Fund by providing its full suite of fund administration, unit pricing and registry services.

Read More

Conscious Investment Management partners with Greening Australia to acquire and restore Australian landscapes

MARQ Trustees’ client Conscious Investment Management (CIM) has partnered with environment not-for-profit Greening Australia to deliver biodiverse environmental planting projects across Australia.

Read More

The 2024 Property Funds Association (PFA) Conference

MARQ Trustees joined the property fund industry's finest at the 2024 Property Funds Association (PFA ) conference.

Read More

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.

Read More

Transaction steps and documents

The transaction steps and documents required for your fund will depend on many factors.

Read More

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’.

Read More

Jurisdictional Issues

The right to offer an investment in a fund may be restricted in certain countries.

Read More

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.

Read More

What’s the difference between a registered and unregistered fund?

Generally, it is easier and cheaper to structure and promote a fund as an unregistered fund compared to a registered fund.

Read More

Fund, syndicate, unit trust … or a company?

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.

Read More

What is a “fund”?

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.”

Read More

Am I carrying on a “financial services business”?

The key to an AFSL requirement centres on the words: ‘Carrying on a financial services business’.

Read More

OUR PARTNERS