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).

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

Knowledge

13th March 2025

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.

Parliamentary Committee leaves wholesale investor test alone

News

18th February 2025

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.

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.

MARQ Trustees welcomes General Counsel Matthew Moses to the team

News

1st July 2024

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.

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.

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.

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.