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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."
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.
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
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
Applicable Laws
Application
Application Form
Application Money
ASIC
Business Day
Completion
Constituent Documents
Corporations Act
Custodian
Dealing Day
Distribution
Due Diligence Information
Effective Date
Eligibility Criteria
Encumbrance
Financial Year
GST
GST Act
Information Memorandum
Investment Amount
Issue Date
Issue Price
Key Personnel
KYC Requirements
Material Adverse Change
Net Asset Value
Offer
Payment Date
PDS
Privacy Laws
Registry
Related Body Corporate
Related Party
Relevant Interest
Responsible Entity
Subscription Amount
Subscription Units
Tax
Tax Act
Transaction Documents
Trust
Trust Deed
Trustee
Unit
Unit Holder
Valuation Date
Wholesale Client
Withdrawal Request
Payment Terms
Unit Issuance
Conditions Precedent
Representations and Warranties
Acknowledgments
Anti-Money Laundering
Privacy
Confidentiality
GST
Compliance with Laws
Unit Trust Terms
Investment Acknowledgments
Risk Disclosures
Distribution Rights
Transfer Restrictions
Information Rights
Withdrawal Rights
Default
Termination
Notices
Amendment
Assignment
Force Majeure
Governing Law
Dispute Resolution
Electronic Communications
Severability
Entire Agreement
Costs and Stamp Duty
Financial Services
Investment Management
Real Estate Investment
Private Equity
Wealth Management
Asset Management
Professional Services
Banking
Superannuation
Property Development
Legal
Compliance
Investment Management
Fund Administration
Risk Management
Operations
Finance
Client Services
Company Secretariat
Investor Relations
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
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