Unit Subscription Agreement Template for Australia

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Key Requirements PROMPT example:

Unit Subscription Agreement

"I need a Unit Subscription Agreement for a wholesale property trust based in New South Wales, targeting sophisticated investors with a minimum subscription of AUD 500,000, with completion scheduled for March 2025."

Document background
The Unit Subscription Agreement is a fundamental document in Australian investment management, used when investors wish to acquire units in a managed investment scheme or unit trust. It serves as the primary contractual instrument governing the relationship between the trustee/responsible entity and the unit subscriber, ensuring compliance with the Corporations Act 2001 (Cth) and related regulations. This document is essential for both retail and wholesale investment offerings, though its complexity and content may vary depending on the investor classification. The agreement typically includes detailed provisions about the subscription process, payment terms, investor warranties, compliance obligations, and various operational matters. It's particularly important in the context of Australian financial services regulation, where strict disclosure requirements and investor protection mechanisms must be incorporated.
Suggested Sections

1. Parties: Identifies the trustee/responsible entity and the subscriber

2. Background: Describes the trust, its establishment, and the context of the unit offering

3. Definitions and Interpretation: Defines key terms and sets out interpretation rules for the agreement

4. Application for Units: Details the subscriber's application for units and acceptance process

5. Subscription Price and Payment: Specifies the price per unit and payment terms

6. Issue of Units: Sets out the conditions for and process of issuing units

7. Subscriber Warranties and Acknowledgments: Contains representations and warranties from the subscriber

8. Trustee Warranties: Contains representations and warranties from the trustee

9. Confidentiality: Obligations regarding confidential information

10. Anti-Money Laundering Compliance: AML/CTF compliance requirements and procedures

11. GST: Goods and Services Tax provisions and requirements

12. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.

Optional Sections

1. Foreign Investment Provisions: Required when offering units to foreign investors, including FIRB requirements

2. Wholesale Investor Declarations: Required when units are offered to wholesale/sophisticated investors

3. Cooling-off Rights: Required when offering units to retail investors

4. Distribution Reinvestment: Optional provisions for automatic reinvestment of distributions

5. Tag-Along Rights: Optional provisions for investor protection in private units

6. Key Risks: Detailed risk factors section required for retail offerings

7. Electronic Communications: Optional provisions for electronic delivery of notices and documents

Suggested Schedules

1. Application Form: Formal application form for unit subscription

2. Unit Trust Deed Extract: Relevant excerpts from the trust deed

3. Unit Pricing and Valuation: Details of unit pricing methodology

4. KYC Requirements: List of required KYC documentation and procedures

5. Wholesale Investor Certificate: Template certificate for wholesale investor verification

6. Direct Debit Request Form: Form for setting up payment arrangements

7. Privacy Statement: Detailed privacy policy and information handling procedures

8. Tax Information Form: Required tax declarations and information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Financial Services

Investment Management

Real Estate Investment

Private Equity

Wealth Management

Asset Management

Professional Services

Banking

Superannuation

Property Development

Relevant Teams

Legal

Compliance

Investment Management

Fund Administration

Risk Management

Operations

Finance

Client Services

Company Secretariat

Investor Relations

Relevant Roles

Fund Manager

Compliance Officer

Legal Counsel

Investment Manager

Trust Administrator

Chief Financial Officer

Company Secretary

Risk Manager

Relationship Manager

Investment Operations Manager

Portfolio Manager

Investor Relations Manager

Due Diligence Officer

Financial Controller

Trustee Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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