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Investing

Both businesses and individuals invest capital to gain long-term rewards. Investing can be done through a variety of channels, such as through investment firms, schemes and bank accounts. The purpose of investing is to keep your money safe, whilst allowing it to grow. Investments can be made in a variety of ways including (but not limited to):

• Funds (including hedge funds)
• Property
• Shares
• Foreign investment

Investment Funds

An Investment Fund is an arrangement where a number of investors collectively purchase securities and ‘invest’ capital supplied by businesses and individuals wishing to invest their money. Investment Funds have access to a wide variety of investment schemes and are guided by the expertise of a fund manager. Having this expertise means that capital can be invested in the right way with financial risks being mitigated.

Legislation

The Australian Securities and Investments Commission (ASIC) is the national corporate regulator. Its role is to enforce the Corporations Act 2001 (Cth). It is important to ensure that you, as a business owner, are complying with the rules set out in the Corporations Act. There are serious penalties for individuals and businesses who do not.

What is an Investment Fund Lawyer?

An investment fund lawyer has expertise in the management of investment funds and assets. Particularly, they have exposure to financial, wealth management, superannuation and industry specific regulations. Their primary role is to give commercial advice on how funds are best managed, their formation and structure, investment type and how to close the fund. Besides this, an investment fund lawyer will advise investors surrounding their rights when providing capital to an investment fund. They will provide relevant information regarding the type of fund, its performance and what an investor can expect. Whether you want to invest as a business or individual, an Investment Lawyer can help you get the most out of your investment.

Why do I need an Investment Fund Lawyer?

If you are an investor looking to contribute to an investment fund, an investment fund lawyer will advise you on your decision. They will provide detailed commercial advice regarding its possibility of success and any regulations you need to abide by, most importantly they will explain what you can expect when investing. Besides this, an investment fund lawyer is essential for those wishing to start an investment fund. They understand the tax implications and industry regulations when creating the initial agreements. With this knowledge, they will draft and submit the relevant documentation as well as engaging in any required negotiations.

What will an Investment Fund Lawyer provide?

An investment fund lawyer will provide essential advice to investors and fund managers. They will provide advice surrounding the structure and performance of funds to investors. Besides this, they will help create new investment funds through the generation of required documentation and agreements between investors and involved parties.

How much will an Investment Fund Lawyer charge?

The management and creation of an investment fund is complex. Further, there are many financial and legal rules which have to be complied with. General advice for investors will be charged on an hourly basis as required. However, the creation and management of an investment fund includes the drafting and lodgement of a variety of documents, forms, and agreements. Therefore, an investment fund lawyer can be expensive if the work required is detailed, complex, and time consuming.

When you submit a quote through LawPath, we’ll source you quotes from a range of expert investment fund lawyers. All of our lawyers work on a fixed-priced basis, meaning you always know how much the process will cost.

Hourly rates and Court fees

The cost of an Investment Fund Lawyer will vary based on the scope of the work. Small issues likely to be addressed quickly will cost less. For matters that will need to go to the relevant Court or Tribunal, there may be additional fees involved, particularly as this work takes time. These types of matters may also involve obtaining documents and negotiating with the other party.

What can an Investment Fund Lawyer legally charge?

Legal costs can rise very quickly, especially in litigation. However, this is sometimes hard to avoid when work is being done by a lawyer on an hourly basis. Where fixed-fees are not offered by the lawyer, you should expect to be invoiced on a monthly basis with a time period within which you are required to make payment. Lawyers are required to adhere to the rules outlined in the relevant acts. For example, in NSW and Victoria, this is the Legal Profession Uniform Law 2014. Lawyers who do not comply with these rules can face disciplinary action from the law society of their State.

Lawyers are required to provide to their clients a document called a ‘costs disclosure’ if your costs will be higher than $750.00. This document will outline how costs will be calculated in relation to your case. Also be mindful that costs are divided into ‘professional costs’ and ‘disbursements’, and you will be expected to pay for both. Professional costs are the costs of the actual work done by the lawyer, whilst disbursements cover incidentals such as court filing fees, telephone calls, photocopying charges – amongst other things.

What if I don’t agree with the costs?

You have the right to request an itemised bill that will outline how much time was spent on each task in relation to your matter, and how this adds up to the fee you’re requested to pay. If you wish to dispute the cost, you can make a complaint to the The Office of the Legal Services Commissioner (OLSC) and they will investigate the matter and may allocate a costs assessor. You can also take further legal action in the Courts if you feel you have been unfairly charged.

Further information

• 5 questions to ask when hiring an investment fund lawyer
• What’s The Difference Between Angel Investors And Venture Capitalists?
• How To Start A Hedge Fund
• The Pros and Cons For Crowdfunding Your Business