Funds Structuring

Funds Structuring - Australia

Nobody knows fund structures like we do

From co-invest and carry structures to open-ended investment funds and IM agreements, we know what works when it comes to advising on Australian domestic, inbound and outbound funds-related transactions. Integrated with our fund structuring expertise is our regulatory, investment and tax capability, meaning that we bring a practical integrated solutions-oriented approach.

Not only do we have the best technical expertise, we can also play a project management role. This sees our tax team work closely with other practice teams and advisors to design the most efficient and commercial order of legal work for each deal. On a funds deal, it might mean that delivering tax and structuring inputs first before the legal ‘heavy lifting’ (which is more time and cost intensive) starts. This allows you, the client, to map out the structure of the deal and test the market – so that you’re aware of the risks and opportunities – before investing in the deal yourself (e.g. forming vehicles, touching the terms sheet, or receiving advices) in the implementation phase.

Our fund structuring team – one of the world’s largest – regularly combines across jurisdictions and time zones to provide the reach and coverage needed for fund formations, fundraisings and fund restructures. We have the capability to manage investor negotiations 24/7, giving our clients access and support every step of the way.

Wide-ranging fund structuring experience

Our Australian fund structuring team have recently advised on several sizeable global infrastructure fund raisings. Our role has involved providing recommendations as to the transaction steps and form of fund structure to help our client attract extra capital, diversify and expand the asset base and optimise legal and tax efficiencies.

Tax efficiency is an integral element to successfully structuring funds and managing fund investment portfolios. Our advice on fund structuring includes:

  • Fund disclosure for fund registration
  • Fund structuring for different asset classes and markets
  • Fund formation and effective legal implementation
  • Structuring tax-efficient carried interest and executive co-investments
  • Tax due diligence for M&A transactions or equity disposals
  • Tax-efficient management fee structuring
  • Conversion to and use of Limited Liability Partnerships as investment management or advisory vehicles.

We have a full team specialising in this area.

Discover our latest insights into legal issues affecting your business

The Assistant Treasurer has released exposure drafts of key legislation for corporate collective investment vehicles, continuing Australia's development as a funds management centre.

25 August 2017

The tax changes are aimed at reducing the uncertainty with the Investment Manager Regime (IMR) and the new tax system for attribution managed investment trusts (AMITs).

19 July 2017

Analysis of the 2017-18 Australian Federal Budget: key tax changes for corporates and small business, personal tax reforms, and funds and superannuation updates.

09 May 2017

Analysis of the 2017-18 Australian Federal Budget's key foreign investment and international tax changes including an expansion of the multinational anti-avoidance law.

09 May 2017