Madgwicks Lawyers has the experience to guide and support participants in the Funds Management and Superannuation sectors as they navigate regulatory requirements while meeting the changing needs of their investors and markets.
Our offering is end-to-end; beginning with the provision of reliable and commercial support in the design and establishment of a new fund or scheme, supporting you with proactive risk-management and regulatory compliance advice to assist in the day-to-day operations of a fund and the ability to manage disputes and litigation on your behalf before the tribunals or Courts.
We understand the complex regulatory environment these businesses operate in and can leverage the experience of property, tax and commercial lawyers to ensure you receive integrated specialist advice as and when required.
Services
- Fund design, establishment of constituent documents including constitutions, trust deeds and governing rules
- Preparation of disclosure documents including product disclosure statements, periodic statements, information memoranda, and other investor communications
- AFSL and RSE licensing applications and submissions, and other dealings with relevant regulators including ASIC, APRA, AUSTRAC and ATO
- Advice on regulatory compliance under the Corporations Act, Superannuation Industry (Supervision) Act, Anti-Money Laundering and Counter-Terrorism Financing Act, ASIC Act and other relevant legislation and regulator policy statements and practice requirements
- Investor dispute and complaint handling, and managing litigation before tribunals and Courts
- Due diligence and verification procedures
- Corporate governance and other business and commercial issues concerning a fund or scheme
- Broking and underwriting agreements, investment management agreements, administration agreements, custodian agreements and commission agreements
- Advice on all aspects of corporate transactions including mergers and acquisitions, divestments, successor fund transfers, schemes of arrangement and joint ventures
- Negotiating and advising institutional investors on fund documentation for investments into real estate, private equity and hedge funds in Australia and other jurisdictions
- Advising private clients on structuring and utilising superannuation as an integral part of financial and estate planning including advice on contributions, pensions, insurance and choice of fund strategies
Recent Experience
- Advising one of Australia’s largest industry superannuation funds on implementing a major “in-house” investment management platform
- Advising various industry superannuation funds on their tendering for, and appointment of, custodians, administrators, and insurers
- Advising an ASX-listed Funds Management firm on the establishment of a unique type of registered managed investment scheme, supported by an ASIC comfort relief instrument involving a single registered managed investment scheme with umbrella structure comprising multiple discrete underlying projects
- Advising various industry superannuation funds on their direct and structured investments, including the acquisition of a fund administration business, the divestment of an in-house agribusiness company and the appointment of investment managers across a range of asset classes
- Advising an ASX listed property fund on its successful roll-up of three vendor wholesale trusts and ASX listing as a stapled entity investing in US real estate
- Advising on the establishment of various retail and wholesale managed funds, including Excelsius Mortgage Fund, GDA Property Fund, Heritage Property Fund, and Infinity Capital Credit Fund
- Acting for a WA-based funds manager on a strategic joint venture with one of Australia’s largest property trusts representing industry superannuation funds in a $20M+ project
- Advising a wholesale managed fund on restructuring its Diversified Property Trust to continue as an open-ended unlisted fund
- Advising an ASX listed funds group on the formation and PDS for a registered scheme providing a “fund to fund” offering for retail platform investors to obtain exposure to a suite of property funds
