T: +61 3 9603 3419
Avi has broad corporate and commercial experience with a focus on financial services including funds management, licensing and compliance.
Avi’s current practice includes:
- acting for financial services industry participants on the development of various financial products, including the establishment of retail and wholesale funds investing in a diverse range of asset classes including property, equities and finance instruments;
- negotiating, drafting and reviewing commercial agreements on behalf of clients including shareholder agreements, services agreements, waivers and indemnities and other commercial contracts;
- acting for registered and unregistered funds in relation to legal and regulatory matters, including restructuring, constitution amendments, regulatory approvals, redemption offers, anti-money laundering and compliance related matters as well as the preparation of disclosure documents such as financial services guides, product disclosure statements and information memoranda;
- advising on the Australian financial services licensing regime as well as applying for on behalf of clients for various AFSLs including wholesale and retail licenses for broking, investment management, financial advisory and trustee businesses;
- advising clients on appropriate drafting and publishing of marketing and promotional material including investor communications in respect of misleading and deceptive conduct regimes;
- drafting tailored compliance-plans, compliance-frameworks and compliance check-lists for clients and providing compliance training to help manage risk-profile;
- reviewing and drafting constitutions, investment management agreements, authorised representative agreements, custody and administration agreements, shareholder/unitholder agreements, services agreements and other related agreements; and
- participating in due diligence committees to afford clients a reasonable-step defence in the preparation of disclosure documents;
- engaging with regulators, including ASIC, AUSTRAC and APRA in relation to regulatory matters.
- acting for Scott Winton insurance brokers in respect of general commercial matters including the acquisition of a business, negotiating with service providers and new product launches;
- acting for a large Australia-based equities fund in converting their wholesale fund into a retail and registered fund which included replacing the trustees, renegotiating investment management and custody agreements updating information memoranda and drafting a product disclosure statement;
- acting for Madison Square Garden Inc in their first Australian acquisition of a sports and entertainment facility;
- acting for Cooper Investors in respect of a range of commercial and regulatory issues such as drafting and reviewing contracts with service providers and advising on disclosure obligations;
- advising and acting for DomaCom on the structuring and establishment of a unique and innovative crowd-funded investment platform for fractional investing in property. The platform is a complex structure comprising a single registered, managed investment scheme with each property held in separate sub-trusts created by the issue of a separate class of units.
- acting for a large international consortium in the establishment of multiple Australian managed investment schemes investing in a range of assets including technology start-ups;
- acting for Golden Age Australia in relation to the establishment of a number of managed funds to raise capital from overseas investors for the purposes of acquiring strategic property development sites in Melbourne and Sydney;
- acting for Dennis Family Homes, Instanz Investments, Aram Australia, Archery Capital and others in obtaining Australian Financial Services Licenses;
- advising Reporting Entities in respect of their Anti-Money Laundering Counter-Terrorism Financing obligations including drafting and reviewing AML Programs, conducting AML audits, providing AML training and advising on reporting obligations;
- advising Equity Trustees, Sandhurst Trustees, Bennelong Funds Management, CVS Lane, Newmark Capital, Society One and BMW Finance on various regulatory issues;
- acting for APN Property Group in relation to the establishment of two Asian property REITs which primarily invest in real estate securities listed on major Asian securities exchanges;
- acting for Arena Investment Management Limited in respect of the stapling of the Sydney Healthcare Trust to Arena REIT, including a redemption offer to unitholders, to form a new stapled entity on the ASX.