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Funds Management Services

AFS Licensing

Successful fund managers need to start somewhere. In this heavily regulated and scrutinised industry, understanding the regulatory landscape and receiving the right advice about how you should structure and operate your business is critical to your success. We assist a range of clients in establishing and growing their business, including fund and investment managers across a range of asset classes, platform operators, custodians, security/fixed income dealers, wealth and corporate advisers, and non-cash payment products, among others.

Our team publishes Financial Services Thinking and Fundamental to keep you up to date with the latest regulatory developments and challenges.

Examples of our work:

AFS licence applications, variations and compliance

Assisting countless prospective and existing businesses on complying with the AFS licensing regime and financial services laws (including the AML/CTF laws) throughout the life cycle of their business and investment funds, from initial business structuring and product design, through to exit strategies and litigation and dispute resolution.

Global litigation funding group

Advising a leading global litigation funding group on new legislation requiring compliance with the AFS licensing and managed investment scheme provisions of the Corporations Act.

Foreign financial services groups 

Advising a leading Asian and emerging markets specialist headquartered in Singapore on establishing an Australian funds management business, including advising on all aspects of Australian funds management industry regulation, and advising UK and US-regulated entities on the expansion of their businesses into Australia.

Real estate development group

Advising a leading Australian real estate development group on establishing a complementary funds management business.

Specialist payment technology company

Advising on the share sale to a US-based competitor funded by a global private equity investment firm, one of the largest in the US, including lengthy negotiation due to the COVID-19 economic impact, as well as a corporate restructure of multiple entities within the group, the registration of trade marks in Australia and overseas, and the variation of the group’s AFS licence.

Integrated development and funds management company

Undertaking the AFS licence application for the joint venture vehicle involving an independent statutory authority to facilitate increased flows of finance into the clean energy sector.

Charitable investment fundraising

Advising a major church organisation on the AFS licensing implications of issuing debentures and other financial products to church parishioners and external clients.

Foreign financial institution

Advising on regulatory issues relating to proposed cross-border dealings.

National insurer

Advising a national insurer on their application for an AFS licence in order to operate their innovative insurance company and assisting with obtaining APRA approval.

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Contact McMahon Clarke

T +61 7 3239 2900
A Level 7, 100 Creek Street, Brisbane Qld 4000