Funds management

We advise Australian and foreign fund managers across all asset classes on how 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're experts 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.

Experience

Recent matters

AllianceBernstein

Advised on a range of matters, including the establishment of registered schemes.

Indigenous Business Australia

Acted on the establishment of a Performance Bond Fund and related financing issues.

Macquarie

Advised entities in Macquarie Asset Management on a range of matters, including AMIT amendments to be made to the constitutions of their registered schemes.

PIMCO

Advised the Australian licenced PIMCO entities on a number of financial services regulatory matters and contractual negotiations.

US and UK Foreign Fund Managers

Advised several US and UK regulated fund managers on registering with ASIC to obtain an exemption from holding an Australian financial services licence.

Recognition

Austin Bell is ranked as a leading lawyer in the category of Investment Funds.
Chambers Asia Pacific, 2018-2020
Austin Bell “has deep technical knowledge about Australian law regulating investment funds and is also very pragmatic and commercial in his approach."
Chambers Asia-Pacific, 2020
Ranked as Band 3 in Investment Funds Law.
Chambers Asia-Pacific, 2020
"They perform very well and one thing I'd emphasise is that they're very responsive."
Chambers Asia Pacific, 2018
Austin Bell offers "a very good balance of the technical requirements and the practical concerns"
Chambers Asia Pacific, 2018
"They're very good, they have a high level of technical knowledge so I trust that they know the law."
Chambers Asia Pacific, 2018
Shelley Hemmings is "a really good technical lawyer," and "she has a lot of experience and the depth of knowledge is great".
Chambers Asia Pacific, 2018
Shelley Hemmings is listed as a leading lawyer in Funds Management Law and Investment Law.
Best Lawyers Australia, 2018
Austin Bell provides “commercial, sensible and practical advice.”
Chambers Asia Pacific, 2017
Shelley Hemmings is described as “very knowledgeable.”
Chambers Asia Pacific, 2017
"They have capabilities across a range of areas and we have used them for financial product structures and offer documentation. For us, their main strength is in managed investment scheme work, where I have never dealt with another firm as capable."
Chambers Asia Pacific, 2017
"They have provided a top-notch service and they have always been very responsive. The advice they provide is practical, accurate and framed in the commercial context. They have taken the time to get know our business intimately, which has inevitably improved the quality of advice we received."
Chambers Asia Pacific, 2017

Related insights Read more insight

International Comparative Legal Guide: Public Investment Funds 2020

Partners Austin Bell and Andi Milidoni have written the Australian chapter for the International Comparative Legal Guide: Public Investment Funds 2020.

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ASIC releases new regulatory framework for foreign financial services providers (FFSPs)

On 10 March 2020, ASIC released its new regulatory framework for FFSPs providing financial services to Australian wholesale clients.

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ASIC engages in further consultation on regulation of foreign investment advisers and other FFSPs

On 3 July 2019, the Australian Securities and Investments Commission (ASIC) issued the long-awaited Consultation Paper 315 (CP 315), setting out its proposals for the new regulatory regime for...

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