Funds Management

MinterEllison’s funds management team is experienced in establishing and advising funds management clients across a range of asset and industry sectors including equities, fixed income, securities, development capital, property (commercial, retail and industrial), integrated tourism and residential, minerals and energy, healthcare and infrastructure. We have strong industry understanding and extensive experience in wholesale, retail and ASX listed products.

Our clients include issuers and distributors of retail funds, wholesale funds, master trusts, super funds, life products and ‘wrap accounts’, as well as listed A-REITs and foreign managers acting under mandates for local institutions.

Working across a range of industries and asset classes, and multiple jurisdictions, our funds management team covers all aspects of fund formation, structuring, investments, exits and the resolution of disputes.

We have established funds in Australia and all key international locations including Luxembourg, Ireland, the Cayman Islands, Jersey, US (Delaware) and Guernsey. We have structured funds as segregated portfolio companies and limited liability partnerships, dealing with foreign fund administration and foreign regulation.

We advise on promoting and marketing funds to all types of investors on a global basis and deal with jurisdiction specific investor issues for European, US and Asian investors. We use our transaction experience to provide sound commercial and legal understanding of both the investment manager’s objectives, and investor requirements.

Our experience covers assisting with regulatory issues relating to investments and fund operation, including foreign investment regulation and financial services licensing and regulation. We assist our clients in bringing innovative products to market – hedge fund structures, derivatives-based products, exchange-traded funds and private equity funds – which often require careful negotiation with regulators such as the Australian Securities and Investments Commission (ASIC), the Australian Prudential Regulatory Authority (APRA), the Australian Securities Exchange (ASX) and the Australian Taxation Office (ATO). Our knowledge of and relationships with regulators enables us to tailor our applications and deal more efficiently with these matters.

5 May 2016

The 2016-17 Federal Budget, delivered on 3 May, included a number of announcements affecting businesses operating across international jurisdictions, including a new Diverted Profits Tax and two new types of collective investment vehicles. Our team dissects those key issues and more, exploring their impact on businesses in Australia.

5 May 2016

The Government has announced the introduction of two new types of collective investment vehicles (CIVs) as a tax-effective alternative to current Australian pooled investment trusts. The availability of these new CIVs is expected to significantly enhance the ability of Australian fund managers to offer their products to international investors.

5 May 2016

The Senate Economics References Committee has released 'Bitter Harvest', a comprehensive report on agribusiness managed investment schemes (Agribusiness Schemes). The report has been prepared in response to the recent collapse of a number of major Agribusiness Schemes and is primarily concerned with the significant and widespread financial losses incurred by the retail investors of those schemes.

10 December 2015

The outlook for Australia's corporate/M&A markets in 2016 is positive, with the increased deal volumes of 2015 likely to drive continued appetite for activity across most sectors in the next 12 months. Read our top 10 predictions for M&A in 2016.

4 December 2015

The trend towards divestment of stand-alone derivative portfolios, primarily as a result of increasing capital charges being required for some derivative positions, has opened up an opportunity for non-prudentially regulated entities – such as managed funds – to invest directly in this asset class.