Knowledge

All you need to know about raising private capital through a managed investment scheme.

In almost every case, if you raise money – from people you know or from strangers – you need an Australian Financial Services License (AFSL). The method by which you raise funds does not alter this requirement. Raising money in Australia is a heavily regulated activity. There are severe penalties – including imprisonment for up to five years – for people who do not comply with the rules, and that includes both the party raising the money and those who assist them.

Jurisdictional Issues

THE QUICK ANSWER:

Applications to invest in a fund will only be accepted in Australia.

The right to offer an investment in a fund may be restricted in certain countries. No recipient of the PDS or the IM, in any country other than Australia, may treat it as constituting an invitation or offer to them to apply for an interest in the fund – unless the invitation or offer can lawfully be made under the laws of that country.

Prospective investors should inform themselves of the legal requirements and consequences of applying for, holding, transferring and disposing of interests in the fund. This also applies to any applicable exchange control regulations and taxes in the countries of their respective citizenship, residence, domicile or place of business.

It is the responsibility of a prospective investor outside Australia to obtain any necessary approvals required to invest in a fund.

Singaporean and New Zealand residents can apply for interests in Australian domiciled funds by providing a certificate attesting to certain matters.

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