Funds management & FSR

As advisers to the Australian financial services industry, our success is best demonstrated by the long-standing relationships we maintain with many of Australia's leading corporate entities and financial institutions. We include one of Australia's pillar banks as a foundation client, having advised this institution across a myriad of banking and finance issues for more than 100 years.

We offer clients particular expertise in Financial Services Reform (FSR) having advised fund managers, stockbrokers, custodians, financial institutions, derivative dealers and other participants in the financial services industry on all aspects of FSR in Australia, including:

  • obtaining and varying Australian financial services licences
  • the distribution of financial products, including advising on referral arrangements and CAR (corporate authorised representative) agreements
  • establishment of wholesale and retail funds
  • wealth management solutions such as MDAs (managed discretionary accounts)
  • preparation of product disclosure statements and information memoranda for financial products such as deposit products, managed funds, futures, options and contracts for difference (CFDs)
  • advising foreign financial services providers on doing business in Australia and the availability of exemptions from financial services licensing regulations.

Credentials

Leading international fund manager: We act for a leading international fund manager with funds under management exceeding $300 billion.  Michael Hodgson’s in-depth knowledge of this client, gained from acting as their trusted advisor for over 15 years, enables us to provide commercial, tailored advice on all aspects of their Australian operation, including fund establishment, institutional mandates and compliance.

Derivatives managed discretionary account (MDA) operator: We recently advised an MDA operator that was subject to an ASIC compliance review.  Our advice resulted in significant improvements to our client’s compliance procedures and customer documentation, as well as addressing ASIC’s concerns.

Shaw Stockbroking: Our knowledge of the financial services industry, combined with technical expertise, means that our advice to this leading full service stockbroker on FSR and securities regulation issues is valuable to them and relevant to their needs.

Contacts
Partner
T +61 3 8640 1009
 
Recent News and Publications
06 Dec 2017
The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) applies to government agencies, private sector organisations with annual turnovers over $3m, and all organisations handling health information or involved in credit reporting.
16 Nov 2017
The October 2017 edition of the Australian Banking & Finance Law Bulletin (a LexisNexis publication) contains an article by Ben Shaw and Morgan Stack entitled ‘Charging clauses: is near enough still good enough?'
09 Nov 2017
The October 2017 edition of the Australian Banking & Finance Law Bulletin (a LexisNexis publication) contains an article by Scott Guthrie entitled ‘PPSA - what difference does it make?'