Funds Management

Development, regulation and disclosure

They know our business well, so their advice is always relevant and to the point.

Chambers Asia-Pacific

Australian and foreign fund managers across all asset classes need to stay ahead of the continual regulatory changes in Australian financial services regulation, such as the latest FoFA developments, look through reporting requirements and AFS licensing requirements.

We advise on all aspects of funds management and financial services regulation covering major investment vehicles and asset categories. Our advice extends to legal issues connected to investment vehicles, platforms and fund managers themselves.

Our team has experience advising on the full spectrum of arrangements for structured, alternative, listed and unlisted, domestic and cross border structures, products and platforms, including:

  • establishment and documentation
  • acquisition, merger, disposal, modification, reorganisation and termination
  • Australian financial services licensing
  • taxation and regulatory requirements
  • offer documentation, financial services guides and advertising
  • disclosure obligations
  • contract negotiation, compliance and outsourcing arrangements.
  • AllianceBernstein: advising on the establishment of a series of Australian registered funds that are offered to the wholesale market and retail market through platforms and MDA providers.
  • Australian Chamber Orchestra: advising on various issues (including licensing exemptions and disclosure documents) in connection with The ACO Instrument Fund, the only fund in Australia that offers investors the opportunity to invest solely in antique musical instruments.
  • Mason Stevens Ltd: advising on becoming the responsible entity of a number of registered funds, as well as the establishment of new funds, registered and unregistered, to pursue investment strategies in the credit market.
  • SIV Compliant Funds: we have advised an international investment bank and an international asset manager on the establishment of Australian registered funds to be offered to Significant Investor Visa applicants. Our advice extended to the procedures to coordinate the visa application with the fund investment application (such as AML and complying with foreign investment laws).
  • International Investment bank: advising on potential liquidity facilities and termination of a series of registered managed investment schemes.
  • Boutique fund manager:advising on regulatory matters involving significant breaches in connection with registered managed investment schemes.
  • Shelley Hemmings is named as a leading lawyer in Funds Management Law and Investment Law. – Best Lawyers Australia, 2018
  • "They have been able to provide practical solutions and alternatives to problems we’ve encountered both from a legal perspective as well as a commercial perspective. We consider ourselves to be a reasonably sophisticated client, so their perspectives are often insightful and based on market standards."  – Chambers Asia-Pacific, 2015
  • Shelley Hemmings is considered "a good operator" and highly valued for her work in advising fund managers. – Chambers Asia-Pacific, 2015
  • Shelley Hemmings and Austin Bell are ranked as Band 1 lawyers in Investment Funds. – Chambers Asia-Pacific, 2015
  • Austin Bell has an excellent reputation in the investment field not only for his "depth of understanding of the regulation environment" but also for "his knowledge of the policy rationale underlying the regulations."  – Chambers Asia-Pacific, 2015
  • Shelley Hemmings is described by clients as "technically brilliant," with a "practical and common-sense approach to problems and a strong and independent voice." – Chambers Asia-Pacific, 2014
  • Widely respected, Austin Bell is in demand for being able to "balance the law with the commercial aspects and tailor his advice to the realities." – Chambers Asia-Pacific, 2014
  • Shelley Hemmings is recognised as a leading lawyer in Funds Management. – Best Lawyers Australia, 2014