Here are some of our work highlights demonstrating our capabilities and expertise in Funds Management under the Significant Investor Visa (SIV) regime.
Advising MARQ Private Funds on structuring and establishing the SIV-compliant HS Consortium Balancing and Emerging Funds which will invest in Australian commercial property and eligible third party funds or listed investment companies investing in emerging Australian ASX-listed companies, including advising on structuring, compliance with the SIV regime, establishing the funds, transaction documents, a bespoke investor redemption regime, offer disclosure documents, and verification.
Advising the responsible entity on establishing a multi-unit class fund to raise up to $500 million to invest in a diversified portfolio of liquid, fixed, and floating rate corporate bonds and other investments that satisfy the balancing investment stream under the SIV rules, including preparing the fund’s constitution, investment management agreement, PDS and information memorandum, plus advising on compliance with the new Attribution Managed Investment Trust regime.
Advising Vasco on establishing and promoting multiple retail and wholesale funds across various sectors, including property, equities, alternative assets, and SIV offerings. Vasco is an independent professional investment management group providing fund establishment, trustee, and administration services to Australian and international investment managers.
Advising the trustee, Vasco Investment Managers Limited, on establishing a fund focused on investment in Australian real estate and infrastructure assets, settling the fundraising disclosure document, and deploying capital to complying investments. The fund was established to comply with Australia’s SIV regime and involved creating two sub-funds for investment into the two compulsory investee categories required under that regime – emerging companies and balancing investments.
Lead adviser to MARQ, a specialist independent wholesale fund trustee, including structuring advice on multi-layered funds, establishing funds in different sectors, compliance with the SIV regime, preparing information memoranda for each fund, and conducting verification on the disclosure content.
Lead adviser to the trustee of this wholesale fund which is a complying vehicle for the SIV regime. The fund's sponsor and investment manager Golden Age Capital operates property, hospitality, international trade and funds management divisions in Melbourne, Sydney and Shanghai. As part of this project, we also established a sub-trust beneath the Golden Age Australian SIV Fund that facilitated investment into the emerging companies and balancing investment streams under the SIV rules.
Lead adviser to the trustee of this wholesale fund which is a complying vehicle for the SIV regime. As part of this project, we also established sub-trusts beneath the ACIF Prosperity Fund that facilitated investment into the emerging companies and balancing investment streams under the SIV rules.
Advising the trustee in establishing a fund to attract investment under the SIV regime, including advising on the fund's constitution, investment management agreement and information memorandum.
Partner Sean McMahon is named Lawyer of the Year for Investment Funds and Funds Management in Best Lawyers in Australia
Recognised in Best Lawyers in Australia for Corporate Law
Recognised for Real Property Law in Best Lawyers in Australia
Associate Siobhan Luck is named as 'One to Watch' in Litigation by Best Lawyers in Australia
‘McMahon Clarke is highly responsive with deep knowledge and experience in investment funds, and they are very commercial and practical at the same time.’
Chambers Asia Pacific Guide 2022
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
We are ranked as leaders in our focus industry sectors – funds management and real estate
‘They have a unique understanding of the legal and strategic issues involved in the acquisition, development, management, and disposal of properties by developers and managers.’
Chambers Asia Pacific 2022