Financial Services

Our Financial Services team offers advisory, transactional, and regulatory response services to an array of clients in various financial sectors.

Who we are

We are a dedicated national financial services practice of 20 lawyers and paralegals with experience across advisory, transactions, projects, regulatory response and remediation.

We are known for the breadth of our expertise across the financial services industry including superannuation, insurance, wealth management, financial advice, platforms, banking, FinTech and payments.

We also have a deep and extensive sector focus and capability across investment and asset management, real estate, private capital, sustainable finance, carbon markets, agribusiness, electricity renewables and energy transition.

What we do

We provide technically accurate, commercially sensible and operationally practical solutions. We are innovative, technology-inspired and lateral thinking commercial lawyers. Our financial services, funds and ESG advisory expertise is outlined below.

Superannuation, insurance, wealth management, financial advice, platforms, banking, FinTech and payments

  • Licensing, authorisation and regulatory approvals.
  • Product design, disclosure, and distribution.
  • Design, training, implementation and supervision of new technology (algorithms, AI and machine learning), including digital financial advice and customer engagement platforms.
  • Corporate governance, financial accountability regime and resourcing and outsourcing arrangements.
  • Successor fund transfers, M&A transactions, product and licensing rationalisations.
  • Distribution agreements (promoter, white labelling and partnership agreements).
  • Regulatory advisory, incidents, breaches and investigations, customer and operational remediation.
  • Training and presentations for boards, executive teams, responsible managers, representatives and employees.

Funds and Investments

  • Establishing new retail and wholesale managed investment schemes and limited partnerships including structuring, constitutions, licensing, scheme registration, equity raisings (on and offshore) and stapled structures.
  • New market entrants and inbound investment transactions (JVs and club deals).
  • Mergers and acquisitions, divestments, restructures and strategic reviews.
  • Investment due diligence, transactions and derivatives including offshore investments.
  • Outsourcing arrangements, including investment management and asset management, administration, and custody agreements.
  • PDSs, information memoranda and other key disclosure documents.
  • Compliance plans and frameworks for trustees and responsible entities.
  • Regulatory obligations for the ongoing operation of schemes, including board and investment governance, AML/CTF and privacy.
  • Regulatory advisory, incidents, breaches and investigations, customer and operational remediation.

ESG Advisory

  • Private capital investment transactions focussed on low carbon assets and real assets (farmland, real estate, social housing, new energy including renewables).
  • Carbon market and natural capital advisory, including AFSL support for carbon farming developers, project contracts, project due diligence and offtake contracts.
  • Sustainable finance advisory including greenwashing, sustainable finance and ESG regulation.
  • Mandatory climate reporting.

Regulatory Tracker Technology Platform

  • Mills Oakley works with a RegTech provider to offer a platform that provides daily updates and analysis on regulatory change.
  • Co-designed with Mills Oakley clients, it now supports many superannuation funds, insurers, fund managers and financial advisers to stay ahead of regulatory change and communicate its impacts.