A Practical Guide to Managed Investments 3rd Edition

A Practical Guide to Managed Investments 3rd Edition

By Sean Robertson, Paul von Nessen, Tim Wiedman

Book

$223.00 RRP

Date: 27/11/2007

Code: 9780455224435

Lawbook Co., AUSTRALIA

Available Formats

Format Title Date Code Price
Book A Practical Guide to Managed Investments 3rd Edition 27/11/2007 9780455224435 $223.00 Add to cart

Description

A Practical Guide to Managed Investments is an essential reference for those acting as existing responsible entities of managed investments, their advisers and their investors or those considering embarking on a career in funds management. Those involved in such schemes will find this third edition vital to their understanding of how managed investment schemes are formed and how those schemes raise capital, operate, interact with members and ASIC and ultimately wind up.

The book explores the licensing requirements and duties of a responsible entity, registration and fundraising, compliance systems and disclosure obligations, and the types of arrangements regulated by the Corporations Act. In doing so, the text comments on the legislation, ASIC regulatory guides, class orders, practice notes and the case law that govern managed investment schemes in Australia.

Further features of this new edition include a new chapter concerning member meetings, assistance in tackling problems that may arise in relation to managed investment schemes, practical suggestions on dealing with ASIC and discussion of future developments in this evolving area of the law.

Editorial Reviews

From: Australian Law Librarian Vol 16 No.2 2008
Reviewed by Helen Eyles, Policy Advisor, Australian Institute of Company Directors

According to the publisher, this new edition of Practical Guide to Managed Investments is an essential reference for those acting as existing responsible entities of managed investments, their advisers and their investors or those considering a career in funds management. Perhaps unusually, this hook seems to live up to both its title - as a practical guide - and its claim to be an essential reference.

The first edition of this book coincided with the introduction of the Managed Investment Act 1998. The second edition followed on from the introduction of the Financial Services Reform Act Act 2001. This third edition includes the background material provided in the earlier editions and updated information to cover recent developments in case law, regulations, ASIC policy pronouncements and the 2007 Simpler Regulatory System amendments.

The book explores the licensing requirements and duties of a responsible entity, registration and
fundraising, compliance systems and disclosure obligations, and the types of arrangements regulated by the Corporation Act. The text provides annotations to the legislation, ASIC regulatory guides, class orders, practice notes and the case law that governs managed investment schemes in Australia.

This new edition also includes a new chapter concerning member meetings, offers assistance for tackling problems that may arise in relation to managed investment schemes, and practical suggestions on dealing with ASIC. The tips on dealing with ASIC would be especially useful to new lawyers making the transition from university to the actual practice of law.

The book includes a table of statutes, table of cases, and index. It is compact and easy to browse. Separate chapters cover the definition of a managed investment scheme; how the law operates to require registration for some schemes, permitting some to operate without registration and others to avoid regulation entirely; licensing; registration process; fundraising; powers and duties of the responsible entity (including its agents and employees); compliance obligations; member meetings; member entitlements including withdrawal rights; winding up and deregistration. The final chapter is devoted to the role of ASIC, and includes a useful table of ASIC policy material together with brief summary and status for each of the relevant regulatory guides, class orders etc.

The authors include a professor from Monash University’s Department of Business Law and
Taxation, and members of the financial services team at McCullough Robertson. They have achieved their goal to present a practical guide to what is an inherently complex area of the law.
At a retail price of $129.95, the book may at first blush seem expensive for a smallish paperback.

However it represents excellent value for anyone needing an introduction or refresher in this complex area of the law.

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