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New laws set for lawyers operating on managed investment schemes

The Legal Services Council has revealed that laws have been amended for legal practitioners promoting or operating managed investment schemes in NSW and Victoria.

user iconEmma Musgrave 02 July 2018 Big Law
scales of justice, lawyers, investment schemes
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Effective 1 July, s258 of the Legal Profession Uniform Law has restricted the involvement of law practices in the promotion and operation of MIS, except as exempted by s258(1A) and as specified in the Legal Profession General Uniform Rules. The new laws also affect the provision of legal services in connection with mortgage practices, the council said.

 
 

MIS are described as collective investments which include solicitors’ mortgages and arrangements such as property syndicates or investment pools.

“In considering this law reform, the LSC was concerned to achieve a balance between the business needs of law practices and the protection of clients,” said CEO Legal Services Council and commissioner for Uniform Legal Services Regulation, Megan Pitt.

“Section 258 was enacted in 2014 but suspended until 1 July 2018 to allow time for law practices to change their business structures to become compliant with the proposed prohibition. The amendment of s258 and the introduction of General Uniform Rules on MIS have been the culmination of expert advice, industry feedback and regulators’ experience.”

The LSC noted that it will review the effectiveness and regulatory impact of the MIS Rules after 12 months’ operation.

Emma Musgrave

Emma Musgrave

Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.

Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences. 

Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.

She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University. 

Email Emma on: This email address is being protected from spambots. You need JavaScript enabled to view it. 

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