Articles on Funds & Raising Private Capital with an AFSL

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

Knowledge

20th March 2025

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).

Court issues $1.25 million penalty to unlicensed property scheme promoter

Knowledge

11th December 2024

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.

ASIC focuses on property investment schemes and continues emphasis on pursuing action in the Courts

Knowledge

20th November 2024

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.

Criminal conviction for promoting an investment without an AFSL demonstrates what can happen when you ignore the law

Knowledge

17th July 2024

MARQ Trustees write about a NSW criminal conviction serving as a reminder about the consequences of acting without an AFSL.

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.

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.

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.

An AFSL is a legal requirement for virtually every person that raises money

Knowledge

21st December 2023

Considering its longevity and integral role it plays in the industry, it’s surprising how much confusion and uncertainty surrounds an Australian Financial Services License (AFSL). In this article, we clear up the misconceptions surrounding who requires an AFSL.