Transactions/Due Diligence

Product Development

We are often asked to create the documentation necessary to launch new products. We are also increasingly involved during product “development” so that we can help identify issues and opportunities at an early stage.

Governing documents

Company and fund constitutions or deeds are often neglected and often remain untouched for long periods. We have a wealth of experience in helping clients review and update their governing documents to ensure that they comply with current law, reflect the current state of the business and provide appropriate flexibility.

Company constitutions are becoming the subject of increased scrutiny as greater emphasis is placed on governance. With a renewed focus on product development, there is also an increasing focus on fund deeds.

We are frequently asked to advise clients on questions of construction in relation to governing documents.

Fund Mergers

The superannuation industry is in a constant state of consolidation and Greenfields has probably been involved in more mergers than any other firm in Australia. Our merger experience covers corporate, industry and retail funds; accumulation and defined benefit funds; from straightforward to complex (e.g. involving a fund with illiquid assets).

Services Agreements

Most financial services businesses engage numerous external service providers to support them. Some agreements for these services must comply with strict legal requirements. Even where this is not the case, a licensee will normally need to have in place appropriate agreements to ensure that they are complying with their licensing obligations, including those relating to risk management.

We have a wealth of experience in preparing and negotiating all types of services agreements that are typically used by financial services businesses, including custody agreements, investment management agreements, administration agreements, promoter agreements, asset consulting agreements, website agreements, etc.

Insurance

In addition to advising on insurance claims and undertaking litigation in relation to insurance claims, we review and negotiate the terms of contracts of insurance and assist with the formulation of prescribed disclosures to ensure consistency with contract terms.

We have significant experience with life insurance and professional indemnity insurance.

Investments

We regularly assist our clients in undertaking due diligence and negotiating the documentation for investment transactions, including private equity investment and investment in limited partnerships.

Superannuation Death and Disablement Claims

Death and disablement claims can be complex and, when they are, they increase the risks to the trustee. We assist clients with the appropriate consideration of claims.
We also have a wealth of experience in dealing with complaints at the SCT and FOS and litigation in the various state and federal courts.

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