Martin heads the Australian Funds, Investment Management, Superannuation and Financial Services Regulatory practice. Martin has assisted on some of the most innovative investment fund and product offerings in the Australian market. Martin has experience across the full range of investment asset classes offered by the funds management industry, including equities, derivatives, hedge fund and absolute return strategies, credit, private equity, property and resources.
Martin has market leading experience in respect of listed investment companies (LIC) and listed investment trusts (LIT), having assisted with the launch on the ASX of many of the largest and most innovative LICs and LITs. Martin also has market leading experience across the full spectrum of exchange traded funds (ETF).
Martin advises on all legal issues impacting funds management entities and their service providers, including fund and investment management operator structuring, product development, distribution, initial and ongoing regulatory compliance.
As well as having experience with Australian financial services regulatory licensing, licensing reliefs, managed investment scheme registrations and other relevant Australian registrations like offshore banking unit (OBU) registrations, Martin regularly collaborates with his global colleagues to assist Australian headquartered managers with foreign registrations and obligations around the world, such as US SEC registrations, CFTC CPO/CTA exemptions, blue sky filings, QPAM exemption and ERISA plan obligations.
Martin has been involved with the evolution of the regulation of IDPS, MDAs and investment administrative platforms from their inception, having obtained one of the original reliefs from ASIC for such services, which have evolved into the standard class order reliefs that such services operate under today.
- Advising the ASX listed Pengana Capital Group on the initial public offering (IPO) of its innovative investment trust to be listed on the ASX, namely the Pengana Private Equity Trust. The Pengana Private Equity Trust is expected to be a game changer for the LIC/LIT market
- An active participant in the ongoing rationalisation of the superannuation sector, acting for both small and large transferors and large transferee superannuation funds, effecting successor fund transfers (as well as often associated assets and superannuation business acquisitions)
- Structuring of Australian funds in the midst of taxation reforms and reviews of collective investment vehicles
- Structuring of wholesale global fund offerings, including local feeders
- Settling global brokerage and trading documentation, including ISDAs, credit support, exchange traded futures and options brokerage documentation, prime brokerage, ASLA, OSLA, GMSLA, AMSLA, pledge agreements, as well as documentation for trading in specific jurisdictions such as Japan, India, China and Korea
- Advising on unlisted and listed real estate investment funds (REITS)
- Advising on Trans-Tasman offerings
- Advising on market makers and other proprietary traders
- Advising foreign financial services groups on the establishment of Australian resident trading and/or marketing operations
- Advising Australian financial services groups on the establishment of foreign resident trading and/or marketing operations
- Assisting principally foreign-based financial services groups establish Australian distribution arrangements, whether by engaging Australian third party marketing groups or where effecting in Australia on a fly-in fly-out basis
- Chambers Asia-Pacific ranked practitioner for Investment Funds, 2015-2021
- Best Lawyers ranked for Funds Management, 2014-2021
- Legal500 Asia-Pacific recognises Martin as a Recommended Practitioner for Banking and Finance, 2021
Martin's practice experience has been enhanced by his prior in-house experience as Head of Legal and Compliance for a funds management, superannuation and life insurance group and prior to that, for an investment banking, trading and broking group.
Memberships And Affiliations
- Member of the Regulatory Committee of the Australian Chapter of the global Alternative Investment Management Association (AIMA)
- Australian Private Equity and Venture Capital Association
- Law Society of New South Wales
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