Funds management

Our funds management and investment funds specialists work across all industries, asset classes, and multiple jurisdictions.

Real estate funds
Infrastructure funds
Listed funds
Superannuation
Hedge funds
Venture capital and private equity
Sovereign wealth funds
Financial services regulation
Investment funds M&A

Real estate funds

MinterEllison’s funds management team provides innovative and commercially-astute solutions for local and global real estate fund managers.

We provide an integrated capability covering all aspects of real estate fund formation and promotion, and have advised numerous clients on their listed and unlisted domestic and global real estate funds.

We have deep expertise at every stage of a property fund's lifecycle. On a bespoke basis, we provide solutions to a diverse range of issues and complex needs. This covers all aspects of fund formation, structuring (investor and tax), investment, management, regulation, financing, acquisitions, disposals and other exits. We understand the market and can adapt our approach to changes in the sector.

Our key clients include: AMP Capital, Cromwell, Mirvac, Fortius Funds Management, Ascendas, Abacus Property Group and Mirae Asset Global Investments (Australia).

“We have been very pleased with the performance and the ethics of the firm. We consider them standout performers compared to other law firms we have used”
Chambers Investment Funds 2017

Infrastructure funds

MinterEllison’s team provides innovative, commercial solutions for local and global infrastructure fund managers. Our integrated capability covers all aspects of infrastructure fund formation and promotion. We have advised numerous clients on their listed and unlisted domestic and global infrastructure funds.

Our client solutions include:

Advising foreign fund managers on the offer of foreign funds in Australia
Advising on foreign investment regulation and handling the FIRB approval processes
Identifying sensitive issues for foreign investors and fund managers such as obligations to provide information to meet Australian statutory requirements for e.g. anti-money laundering
Legislation, ATO and third party financier information requirements and the types of representations that need to be sought on behalf of foreign funds eg no foreign corrupt practices certifications
Understanding and advising on appropriate levels of control, manager discretions, and reporting obligations that are required of the investment funds into which foreign funds invest
Developing effective off-shore fund structures through key jurisdictions, such as the Cayman Islands, which may be used by foreign investors to hold Australian investments
Structuring holdings in light of Australian State Government requirements, for e.g. stamp duty

Building into deal timetables foreign investors' internal approval processes and types of sign offs required.

Our key clients include: CalPERS, AMP Capital, Palisade Investment Partners, Magellan Financial Group, Macquarie Bank, Equis Asia, and Swiss-Asia.

Listed funds

MinterEllison is recognised as having one of the most specialised equity capital markets practices in Australia. Having acted on some of the largest fund formations and transactions for listed entities, our experienced and dedicated team have the technical expertise, awareness and transaction experience to efficiently deliver the best commercial outcomes for clients - in relation to listed funds.

We advise sponsors, managers and investors on all aspects of listed funds work including fund formation, regulatory advice, constituent documentation, listings, capital raisings, restructures and M&A for local and global investment funds.

Superannuation

With one of Australia’s leading superannuation teams, and extensive experience across all fund types, we advise on fund formation, structuring, fund mergers, prudential and governance obligations, licensing, contracting of outsourced functions (such as administration, investment management and custody), disclosure and member reporting, and handling member disputes.

We advise the full spectrum of industry participants – industry, retail, corporate and public sector superannuation schemes, employers, administrators, life insurers, investment managers and public trustee companies. We provide solutions for their legal, regulatory and taxation issues. We are at the forefront of discussion, debate and development of the law and are active participants in industry groups such as The Association of Superannuation Funds of Australia (ASFA), Financial Services Council (FSC) and the Law Council of Australia’s Superannuation Committee.

MinterEllison’s superannuation team forms part of a wider financial services practice that specialises in superannuation, life insurance, general insurance, retail and wholesale managed investment schemes, Investor Directed Portfolio Services, investment markets and alternative investments.

Our key clients include: NAB, MLC, AMP, REST Super, BT and ANZ Wealth.

Our superannuation team are recognised for their

“…technical ability which stands out most, but the commercial knowledge, resilience, work ethic and delicate style is something we also value incredibly highly.”
Chambers Investment Funds and Superannuation, 2017

Hedge funds

MinterEllison provides innovative and commercially astute solutions for local and global fund managers and hedge fund managers.

We advise on innovative and tax-effective hedge funds across all asset classes and help develop strategies for local and global markets. Our expertise includes performance fee structuring such as series accounting/equalisation, offshore fund vehicles and investment due diligence.

We also have a strong practice advising counterparties to complex derivative products referencing a variety of asset classes and advising on prime brokerage arrangements.

Venture capital and private equity

Australia's leading private equity firms are justifiably positive about the market and outlook for deal-making. They come to us for quality, commercial legal counsel and to help meet their key requirements in:

Fund formation and fundraising
Acquisitions including MBOs, MBIs, LBOs, public to private takeovers and secondary buyouts
Expansion capital
Bolt-on acquisitions
Exits through IPO or trade sale
Leveraged finance and refinancing.

We have a thorough understanding of the mandates and objectives of private equity fund managers and, as a result, we deliver focused and commercially-realistic advice. We are also a trusted adviser to the innovation and VC industry having acted for a number of fund managers (both small and large). In Australia we are the dominant private equity and venture capital fundraising firm having acted for circa 75% of all managers. We always focus on our clients' key business drivers to work efficiently and identify the areas of legal risk most likely to impact on valuations and pricing.

We act for a number of high-profile domestic and offshore private equity houses and clients including Quadrant Private Equity, Next Capital, Allegro Funds, CHAMP Private Equity, CHAMP Ventures, Anchorage Capital Partners, Affinity Equity Partners, Baring Private Equity Asia, GIC Special Investments, Mercury Capital and Lazard Private Equity.

“They have a very good reputation specifically for private equity, do a lot of work for the best general partners and, from a market coverage perspective, they're one of the best firms here – very well connected”
Chambers

Sovereign wealth funds

We advise foreign capital providers – foreign superannuation and pension funds, foreign asset managers and sovereign wealth funds on the full spectrum of legal issues associated with direct and co-investments in consortiums across all asset classes.

We provide advice on public and private equity and debt investments, secondary investments, consortium and shareholder agreements, foreign investment restrictions, tax structuring, capital markets, business restructuring, arbitration, and litigation.

We are specialists in advising on foreign investment in Australia and can provide key competition/antitrust and foreign investment approvals and tax structuring to make your investments work for you.

Financial services regulation

MinterEllison’s regulatory team advises clients across a broad range of regulatory issues including the establishment and licensing, disclosure and distribution, and ongoing compliance with regulatory obligations across all types of financial products and services, including superannuation, insurance and managed funds.

Our long-term involvement with financial institutions and acting for ASX listed companies, together with active contributions to industry bodies such as the Financial Services Council (FSC), enable us to readily identify risks and opportunities for clients and to provide successful and practical outcomes in their regulatory environments.

We are active participants in financial services industry associations, contributing to the policy debate and submissions to government on regulatory change, such as the Financial Systems Inquiry, AML/CTF legislation, FOFA and credit regulation. We invest the time to develop innovative products and solutions for our financial services clients to assist them comply with licensing and other financial services regulations.

We frequently advise and act on behalf of clients in negotiations with regulators — such as ASIC, APRA, ACCC, the ASX, AUSTRAC, State Revenue Office and the ATO — and understand the regulatory outcomes they are trying to achieve.

Our key clients include: TAL, Zurich, MLC, IAG, Hanover, AMP, ANZ, CBA, Macquarie, NAB, Suncorp and Westpac.

“Often lawyers give you advice that is not commercial, but they don't do that. They have exceeded the boundaries of a legal adviser from my perspective”
Chambers Financial Services Regulation, 2017

Investment funds M&A

MinterEllison’s M&A team specialises in transactions affecting investment funds, advising on transactions affecting the control of wealth management organisations and managed investment schemes, the transfer of management rights, the merger and reconstruction of managed investment schemes through schemes of arrangement and the demutualisation of life insurers, building societies, credit unions and friendly societies.

We add significant value in due diligence and broader issues of risk identification and allocation, and work closely with experts in competition law, real property, tax structuring and acquisition finance.

Our team is also experienced in the negotiation and execution of transactions affecting non-operating holding companies including transactions affecting statutory funds, debt portfolios and insurance portfolios. We also regularly advise on regulatory and corporate governance issues often arising in transactions involving regulated institutions.

MinterEllison is recognised as having one of the largest and most specialised investment funds and superannuation practices in Australia. We are the partner of choice for clients spanning the full spectrum of the industry.

As a Chambers Asia Pacific Band 1 Investment Funds firm, we play a leadership role in significant regulatory initiatives, including the new disclosure regime, tax reforms and MySuper.

We are also across current changes in the industry and have already started assisting clients with issues that will feature prominently well into 2018, such as redesigning processes for product suitability, risk management for RE's and climate assurance reporting.

We take a thought leadership role and actively participate with relevant industry bodies, such as the Property Council of Australia and Financial Services Council.

Our team advises on all aspects of the investment funds sector, including:

Real estate funds
Infrastructure funds
Listed funds
Superannuation
Hedge funds
Venture capital and private equity
Sovereign wealth funds
Financial services regulation
Investment funds M&A

Our integrated solutions approach to complex client issues covers:

Advising across a range of asset and industry sectors and across wholesale, retail and ASX listed products
All aspects of fund formation, structuring, investments, exits and the resolution of disputes
Product structuring and development through our dedicated in-house tax team
In-depth M&A, private equity and capital markets practice in the funds sector
Establishing funds in Australia and all key international locations including Luxembourg, Singapore, Ireland, US, Hong Kong and Cayman Islands
Structuring funds as segregated portfolio companies and limited liability partnerships, dealing with foreign fund administration and foreign regulation
Promoting and marketing funds to investors on a global basis and dealing with jurisdiction specific investor issues for European, US and Asian investors
Regulatory issues relating to investments and fund operation, including foreign investment regulation and financial services licensing and regulation

Our key clients include:

AMP Capital, Allegro, Blackrock, Challenger, Cromwell, Forager Funds, Fidante Partners, Perpetual, Lendlease, BT Investment Management, BetaShares, Grant Samuel, Quadrant, Anchorage, VanEck, Moelis Australia, Russell Investments and Fortius Funds Management

Experience

Acquisition a sovereign wealth fund on its acquisition of interests in Tower 1 at the Barangaroo foreshore development in Sydney.

Forager Funds Management and Perpetual's ASX listing of Forager Australian Shares Fund.

Advising AMP Capital in relation to its retail and wholesale managed funds including a number of capital raisings for AMP Wholesale Office Fund and AMP Wholesale Shopping Centre Fund.

Acting for California Public Employees' Retirement System (CalPERS) in partnership with QIC to invest $1 billion in Asia-Pacific infrastructure.

HUB24 on restructuring its AUD$4.5 billion HUB24 Super and IDPS investment fund platforms to accommodate new disclosure, class order and fee regimes.

AUD$300 million Odyssey Private Equity Fund (spin out of George Penklis from Quadrant and the CHAMP Ventures team)

AUD$980 million Quadrant Private Equity Fund 5

Advising Australia's leading financial institutions including CBA Group, Perpetual Group, NAB/MLC, BlackRock, Challenger, Westpac Group, Grant Samuel and

Platinum Investment Managers, on the implementation of new Australian regulatory requirements in relation to fees and costs for retail products, and the new Australian tax regime for investment funds.

BlackRock, Russell Investment Management, BetaShare, VanEck on the launch and promotion of their Exchange Traded Funds in the Australian market.

AMP Life Limited on the transfer of the insurance business of the National Mutual Life Association of Australasia Limited to AMP under Part 9 of the Life

Insurance Act 1995, creating one of the largest insurance companies in Australia with combined assets of more than AUD$100 billion.

Acting for MLC Nominees Pty Ltd and PFS Nominees (the trustees) in connection with the rationalisation of NAB's superannuation business and the creation of the MLC Super Fund.

Advising Australia's leading financial institutions on the implementation of FOFA reforms and the more recent Life Insurance Framework / Trowbridge reforms.