Managed Investment Schemes

Aitken Partners has been involved in the formation and management of several Managed Investment Schemes.

Our experience is both at the front end in the formation of the Scheme and also at the back end when dealing with issues, disputes and failure. It is this combination of experience that gives us a unique insight into Managed Investment Schemes

A Managed Investment Scheme serves a number of purposes, but its prime goal is to provide a means for pooled investment in an entity, sometimes with as a few as a handful of investors but often with thousands. A ‘responsible entity’ operates the scheme and investors do not have day to day control over the operation of the scheme.

Some of the popular managed investment schemes cover:

  • cash management trusts
  • property trusts
  • Australian equity (share) trusts
  • agricultural schemes
  • international equity trusts
  • some film schemes
  • timeshare schemes
  • some mortgage schemes
  • actively managed strata title schemes.

 

Our MIS Experience

Aitken Partners has been involved in the formation and management of several Managed Investment Schemes.

Our experience is both at the front end in the formation of the Scheme and also at the back end when dealing with issues, disputes and failure. It is this combination of experience that gives us a unique insight into Managed Investment Schemes

A Managed Investment Scheme serves a number of purposes, but its prime goal is to provide a means for pooled investment in an entity, sometimes with as a few as a handful of investors but often with thousands. A ‘responsible entity’ operates the scheme and investors do not have day to day control over the operation of the scheme.

Some of the popular managed investment schemes cover:

  • cash management trusts
  • property trusts
  • Australian equity (share) trusts
  • agricultural schemes
  • international equity trusts
  • some film schemes
  • timeshare schemes
  • some mortgage schemes
  • actively managed strata title schemes.

Aitken Partners’ expertise in Managed Investment Schemes includes:

  • Conceiving and establishing the legal structure of Silverwater Resort, San Remo, and its management structure based on registered 399 year leases – initially operating outside the MIS regime and under Class Order 02/304.
  • Advising on the Coal River Valley Premium Vineyard Project, investigating the options for either a complete wind-up of the Project or of the replacement of the responsible entity.
  • Advising on the set-up and operations of an unregistered MIS involving a fruit orchard, including on the Informational Memorandum and all documents required for its formation, with further advice on compliance issues. This MIS was not registered at the time because it involved ‘sophisticated investors’ and the Corporations Act at the time provided some exemptions, many of which have now been closed.
  • Advising on the formation and management of Latrobe Financial’s MIS.
  • Advising an investor in a defaulting mortgage with a MIS.

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