News & Knowledge
Featured Articles
Knowledge
Being “knowingly concerned” – Could you or your client be at risk?
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.
Knowledge
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.
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.
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’.
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 licensee (AFSL) to provide financial services to clients.
Do I need an AFSL if I raise money?
Knowledge
19th April 2024
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.
Common questions answered
Knowledge
19th April 2024
As a trusted professional trustee in the industry, we understand that navigating these matters can be complex and overwhelming. Welcome to our “Common Questions Answered” section, designed to provide clarity and insights into the intricate world of Australian Financial Services licenses in Australia.
MARQ Trustees’ client Clean Energy Transfer Fund at the forefront of renewable energy
Clients
4th April 2024
MARQ Trustees is providing AFSL services to the Clean Energy Transfer Fund.
CFO Matthew Haynes welcomed as part-owner of MARQ Trustees
News
1st April 2024
We are delighted to announce to our clients, partners and wider professional network that our CFO, Matthew Haynes, has become a part owner in MARQ Trustees.
Case Study: This property developer was told he doesn’t need an AFSL to raise money for his developments. The law says he does.
Knowledge
7th March 2024
In this article, we use an example to explain why property developers who think they don’t need an AFSL to comply with the law are almost always wrong - and what the consequences are for these developers, those who assist them, and their investors.
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