While the promise of pooling resources using property syndicates for the likes of retail centres, facilities, or office buildings can bring notable benefits - do tread carefully. Navigating the landscape requires a keen understanding of regulatory compliance, taxation intricacies, due diligence, and risk management. When success hinges on being able to master these challenges to ensure the desired outcomes for your clients, don’t miss your chance to decode the complexities of property syndicates.
Early Bird Discount ends 10 May 2024 $294.00
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on QLD legislation
Chair
2.45pm to 3.30pm Property Syndicates: What do you Need to Know About Registration and Regulation?
- How is a property syndicate regulated?
- When is an Australian financial services licence required to operate a property syndicate?
- When does a property syndicate have to be registered?
- Fundraising: What exemptions are available to property syndicates?
Presented by Kristy McCluskey, Special Counsel – Investment Funds, Hall & Wilcox; Best Lawyers 2023, Corporate Law
2.00pm to 2.45pm Property Syndicates: What do you Need to Know About Structuring?
- What is a property syndicate?
- Types of property syndicates
- What are the structuring options?
- Documenting and establishing a syndicate
- Acquisitions by a property syndicate
Presented by Emma Donaghue, Partner – Investment Funds, Hall & Wilcox; Best Lawyers 2021 -2024, Banking & Finance Law
3.30pm to 3.45pm Afternoon Break
3.45pm to 4.30pm Income Tax and the Queensland Duty Regime: The A-Z of Taxation Issues in Property Syndication
When contemplating a property syndication, the three “e’s” to remember are:
- Establishment: setting up the right structure and transferring assets to the vehicle
- Efficiency: ensuring the tax efficiency of the vehicle during its existence
Exiting: tax considerations on exiting – investor buyout or realisation of property?
The establishment, efficiency and exiting of the vehicle encounter a wide range of taxing issues, such as the utilisation of tax losses, is the asset/ownership interest revenue of capital in nature and duty implications.
Presented by Kimberley Barnes, Senior Associate, McInnes Wilson Lawyers
4.30pm to 5.15pm Due Diligence & Risk Management
- Due diligence: a critical step in the risk management process
- The importance of independent advice
- Identifying key due diligence issues
- Complex property types
- Real life examples
Presented by Dominic Ierna, Senior Associate, McInnes Wilson Lawyers
Presenters
Ms. Emma Donaghue, Partner – Investment Funds, Hall & Wilcox
Emma has over 15 years’ experience advising clients in the funds management and financial services industries. Her expertise includes the establishment and ongoing operation of MISs (listed and unlisted) and banking and finance transactions. She specialises in debt funds, including structuring, establishment and deployment of capital in documenting debt facilities. Emma’s experience includes working first-hand in the investment funds industry as legal counsel for a corporate and government bonds specialist. Clients describe Emma as clear thinking, resourceful, and results focused. She is a member of the Property Funds Association Issues and Regulatory Committee.
Ms. Kimberley Barnes, Senior Associate, McInnes Wilson Lawyers
Kimberley Barnes is a highly skilled and accomplished Associate, specialising in the taxation & revenue field within the corporate and commercial advisory division. With her extensive expertise and comprehensive understanding of the intricacies of tax law, she provides exceptional legal services to both businesses and private clients. Kimberley’s commitment to her clients is unwavering and her tenacious, astute and dedicated work ethic sets her apart in the legal profession. Equipped with a Bachelor of Laws and Commerce, Kimberley’s accounting background thoroughly complements her legal acumen. Having been admitted as a lawyer in 2016, she possesses a wealth of experience, enabling her to navigate complex legal matters with precision and skill. Kimberley’s meticulous attention to detail, combined with her strong analytical skills, ensures that her clients receive the highest level of representation and advice. She is dedicated to achieving favourable outcomes and exceeding expectations, earning her a reputation for excellence and reliability.
Mr. Dominic Ierna, Senior Associate, McInnes Wilson Lawyers
Dominic is a Senior Associate within the McInnes Wilson Law Commercial team. He works closely with his clients to understand their goals in order to achieve the best possible outcome with quality legal advice.
Ms. Kristy McCluskey, Special Counsel – Investment Funds, Hall & Wilcox
Kristy has extensive experience across the funds management, financial services, and corporate sectors and a comprehensive understanding of this complex regulatory environment. Kristy’s expertise encompasses establishing and structuring funds, fundraising, disclosure issues and ongoing operations, as well as commercial/corporate transactions spanning capital raisings, mergers and acquisitions, contract review and negotiation, and corporate governance. Recognised in Best Lawyers in Australia for Corporate Law, Kristy works closely with clients and adopts a strategic and practical approach to help them reach their commercial objectives.
