Articles on Funds & Raising Private Capital with an AFSL

When should Investment Capital be called?

Knowledge

27th February 2026

The timing of investor capital contributions is a critical lever for fund performance. Whether you utilise upfront payments, staged tranches, or committed capital, investor capital influences everything from "cash drag" to the investor’s realised return profile (or IRR). MARQ Trustees explores the three primary approaches to aligning capital flows with your investment strategy.

Landholder duty – be aware of the rules

Knowledge

27th November 2024

When structuring a property investment fund and the purchase of assets for it, stamp duty is always a key consideration. The stamp duty rules in the different States and Territories can be a confusing minefield and great care (and expert advice) is always needed when navigating through them.

Beware “double duty” risks – investors coming into a property fund might be aggregated

Knowledge

15th August 2024

MARQ Trustees writes about a recent Victorian Court of Appeal decision which confirmed the State Revenue Office’s assessment of (stamp) duty on an aggregated basis. It’s a stark reminder to always get expert advice when structuring a property purchase and fund raising.

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’.

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

Knowledge

24th April 2024

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

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.

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.