We advise on the establishment, operation, restructure and wind up of wholesale and retail funds and investment schemes (including superannuation schemes), as well as the development and design of schemes, including on tax efficient structures.
Our expertise in this area also includes:
- Preparing trust deeds, product disclosure statements and other documentation such as fund updates and annual reports.
- Advising listed funds and retail funds on their obligations under the FMCA.
- Advising offshore fund managers on offering products into New Zealand, including under the mutual recognition regime between Australia and New Zealand.
- Advising on due diligence and compliance processes and liability under the FMCA.
- AML/CFT issues, CDD and reporting.
- Obtaining exemptions under the FMCA and the AML/CFT Act.
KiwiSaver and superannuation
KiwiSaver has made the funds industry relevant for the majority of New Zealanders and resulted in a much greater focus on the management of New Zealanders' wealth. We have been involved with KiwiSaver since its conception and are well versed in advising on all aspects concerning KiwiSaver as well as other superannuation schemes.
Financial advisers and financial services providers
We advise on all aspects of financial adviser regulation and work closely with clients, law makers and regulators to shape law and policy to reflect business practice.
Employee share schemes
We have significant experience advising many of New Zealand's listed companies on their executive and employee share schemes, as well as overseas employers offering employee share schemes to New Zealand employees. In addition, we have advised on the structuring and establishment of management incentive schemes for start-ups and in the private equity context.