Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Funds and asset management is a critical sector within Sydney’s robust financial landscape. This legal field involves the regulation and administration of collective investment schemes, including managed funds, superannuation funds, and investment trusts. Sydney, as Australia’s leading financial centre, is home to many domestic and international fund managers and investment firms. The practice of funds and asset management law ensures that investment products and services operate within a regulated framework to protect investors, promote financial stability, and foster transparency across the industry.
Many individuals and businesses encounter legal complexities in funds and asset management. Common situations where legal assistance may be needed include:
Legal advice can help minimise risks and ensure all operations are compliant with the dynamic regulatory environment.
Funds and asset management in Sydney is governed by a combination of Commonwealth legislation and regulatory guidance, including:
In addition, industry codes of practice and ASIC Regulatory Guides provide practical direction on compliance obligations for fund managers and trustees.
A managed investment scheme pools money from multiple investors to invest in assets or ventures, with investment decisions made by a professional manager. In Australia, these schemes are regulated under the Corporations Act 2001.
Yes, fund managers and advisers generally require an Australian Financial Services Licence (AFSL) issued by ASIC to legally manage investments or provide advice.
Key obligations include product disclosure, registration of schemes, ongoing reporting to ASIC, meeting anti-money laundering requirements, and adhering to ongoing conduct and financial requirements under the AFSL.
Funds must provide clear and comprehensive disclosure documents, comply with investment restrictions, submit to external oversight, and operate under a regulated trustee or responsible entity.
Yes, but foreign fund managers must comply with local licensing requirements and registration procedures if they offer products to Australian investors.
Investors should review the fund’s product disclosure statement, past performance, fees, investment strategy, and the regulatory credentials of the fund manager.
ASIC enforces compliance, issues licenses, monitors the conduct of fund managers, and investigates complaints or breaches involving managed investment schemes and their managers.
Fund disputes may be handled internally through complaints procedures, via external dispute resolution bodies like the Australian Financial Complaints Authority (AFCA), or through the courts if necessary.
Investors may be subject to income tax, capital gains tax, goods and services tax, and possibly stamp duty, depending on the structure of the fund and the nature of the investment.
Investors can lodge a complaint with the fund manager, seek assistance from AFCA, or report concerns directly to ASIC for investigation and potential enforcement action.
For further information and assistance, consider consulting the following organisations and resources:
These bodies provide guidance materials, licensing information, dispute resolution services, and regulatory updates.
If you require legal assistance with funds and asset management in Sydney, here are the recommended steps:
Taking these steps early can help protect your interests, ensure compliance, and support the secure management of your funds and assets in Sydney’s dynamic marketplace.
