funds management shareholder unit holder trade agreement trustees advice

superannuation & funds management

Our clients are predominantly law firms comprising legal practitioners who have significant expertise in the superannuation and financial services industry - some of whom have risk and audit committee experience. This knowledge enables accurate and timely advice on a range of commercial, superannuation and funds management issues including:

  • shareholder, unitholder and limited partner rights (including negotiation of shareholder and unitholder agreements);
  • negotiation and drafting of outsourcing and commercial agreements including administration agreements, custody agreements, securities lending agreements, investment management agreements, co-investment agreements, derivatives trading agreements, transition management agreements;
  • drafting or reviewing trust deeds and rules for new and restructuring funds;
  • advising employer-sponsors and trustees on the interpretation of trust deeds and their obligations, and powers under superannuation and other applicable legislation;
  • advising on directors’ and trustees’ duties;
  • advising pooled superannuation trusts;
  • reviewing trust deeds and fund administrative arrangements to ensure compliance with applicable legislation;
  • drafting or reviewing investment management and custody agreements, and advising in relation to such ancillary agreements as futures trading agreements;
  • acquisitions and asset divestments;
  • securities, derivatives, and instalment warrants;
  • successor and fund transfers; as well as
  • liaising with the Australian Prudential Regulation Authority, the Australian Securities and Investments Commission, and the Australian Taxation Office on compliance.

Our clients have acted in leading transactions on behalf of institutional superannuation funds, retail and wholesale managed investment schemes (registered or un-registered), private equity funds, infrastructure funds, and hedge funds (foreign and domestic). Other clients have specialist practitioners who collaborate with accountants, financial advisers, and risk advisers in respect of self-managed super funds and super borrowing instalment funds.

Your primary contact for this market segment is Craig Ashton-Sward.