The Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) (AML/CTF Act) regulates entities which provide one or more ‘designated services,’ as listed in s6 of the AML/CTF Act. One of the designated services in s6 refers to issuing or selling an interest in a managed investment scheme.
There are limited circumstances in which a Fund Manager is exempt from complying with customer due diligence requirements. For example 21.3(1)(a) of the Anti-Money Laundering and Counter Terrorism Financing Rules grants a general exemption by s247 of the AML/CTF Act if an entity is selling shares in a fund on the ASX.
However, more detail would be required to determine if a specific Managed Fund would be exempted from AML/CTF obligations, and we would be happy to provide tailored legal advice regarding your product.
Author: Grant Holley (Partner)
