Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 25 JUNE 2017

Registering a managed investment scheme? Seven tips for getting your constitution right - 21 June 2017

HopgoodGanim
Explore more from HopgoodGanim

If you are adopting or drafting a constitution for a registered Managed Investment Scheme (MIS) you need to take care.

AustraliaFinance and Banking
Katherine Hammond
Katherine Hammond
Christina Hooper
Christina Hooper
Author LinkedIn connections

If you are adopting or drafting a constitution for a registered Managed Investment Scheme (MIS) you need to take care.

ASIC will request amendments to any deficient proposed constitution and will not register a MIS until it is satisfied that the constitution meets the Corporations Act requirements.

ASIC has recently identified common issues that arise with proposed MIS constitutions.

In this alert, Senior Associate, Katherine Hammond and Solicitor, Christina Hooper provide several tips for drafting an MIS constitution, in order to avoid these pitfalls.

  1. Know the basics

A constitution of a managed investment scheme (scheme) that is registered with ASIC must be a legally enforceable document between the responsible entity and members that sets out some or all of the rights, duties and liabilities of the responsible entity in its operation of the scheme.1

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Australia's Enhanced Substantial Holding Disclosure And Beneficial Ownership Disclosure Regime Comes Into Effect From 4 December

Australian financial markets face a fundamental shift in disclosure requirements from December 2026, as new rules expand substantial holding obligations beyond traditional voting interests to capture derivative positions and economic exposure. Market participants must now navigate complex calculations involving physically settleable derivatives, cash-settled instruments, and offsetting short positions—with no grandfathering for existing holdings.
AustraliaFinance and Banking
K&L Gates
K&L Gates
Article

New Payment Models Face A Broader Licensing Regime

Australia's payment services landscape is undergoing a fundamental regulatory transformation with the introduction of new legislation that shifts focus from specific technologies to the functions and activities performed by payment service providers. The Treasury Laws Amendment Bill 2026 will replace the existing non-cash payment facility framework with a comprehensive licensing regime that distinguishes between payment products and payment services, potentially capturing previously unregulated payment
AustraliaFinance and Banking
McCabes
McCabes
Article

Australia's Updated Financial Innovation Strategy

The Australian Government has unveiled its Financial Innovation Strategy, introducing a new Financial Innovation Committee and overhauling the Enhanced Regulatory Sandbox framework to better support emerging businesses testing innovative financial products. The strategy encompasses reforms across consumer data rights, digital assets, tokenised infrastructure, and regulatory frameworks designed to position Australia as a leader in financial innovation.
AustraliaFinance and Banking
K&L Gates
K&L Gates