Insights · Fund Launch

How to Set Up a Wholesale Fund in Australia

The vehicle, the wholesale-client gate, whether the scheme must be registered, who holds the licence, and who acts as trustee. A step-by-step guide — and the one mistake that catches most first-time managers.

Launching a wholesale fund in Australia is less complicated than most first-time managers fear — but the order matters. Get the sequence right and it's a well-trodden path. Get it wrong, and you can spend money establishing a vehicle you then have to unwind, or discover late that you needed a licence you don't have.

In short

Setting up a wholesale fund runs roughly like this: confirm every investor will be a wholesale client; choose the vehicle (a wholesale unit trust is the most common); establish it with a trust deed and an information memorandum; appoint a licensed trustee and issuer; decide your licensing route — your own AFSL, or operating under an existing one; stand up administration and AML onboarding; then offer interests and raise. Most wholesale schemes are unregistered, because they're offered only to wholesale clients. But here's the trap: being exempt from registration doesn't exempt you from licensing.

Important — not legal advice The content of this page is general information only and does not constitute legal advice, tax advice or financial product advice. It doesn't take account of your objectives, circumstances or needs. The licensing and scheme rules contain narrow, fact-specific exemptions — obtain your own legal and professional advice before acting on anything set out here.

Step 1 — Confirm your investors are wholesale clients

This is the gate. Everything downstream — whether you register the scheme, what you must disclose, which licence authorisations you need — turns on who invests.

If every investor is a wholesale client, you're in a materially lighter regime. If even one retail investor is involved, the position changes entirely: registration, a Product Disclosure Statement, a Target Market Determination, AFCA membership and retail licence authorisations all come into play.

The wholesale client tests sit in the Corporations Act (principally sections 761G and 708) and include limbs based on the value of the investment, on certified net assets or income, and on being a professional investor. The thresholds and the certification requirements are specific, and getting this wrong is not a paperwork problem — it's a licensing one. Confirm each investor's status, and document it, before you accept a dollar.The wholesale client test: who actually qualifies?

Step 2 — Choose the vehicle

In Australia, the usual options are:

The right choice depends on your strategy, your investor base and the tax outcome you need — and it's much cheaper to get right at the start than to change later. Take structuring and tax advice before you commit.

Step 3 — Work out whether the scheme must be registered

A pooled fund is generally a managed investment scheme. Whether it must be registered with ASIC turns largely on who invests in it.

ASIC's guidance is that a scheme generally must be registered if it has more than 20 members or is promoted by someone in the business of promoting schemes — and that schemes in which all interests are issued to wholesale clients are generally exempt from registration (ASIC: How to register a managed investment scheme; section 601ED of the Corporations Act). Most wholesale funds therefore run as unregistered schemes — which also means no responsible entity is required.

The mistake that catches most first-time managers Being exempt from registration does not remove the licensing requirement. ASIC's guidance is that operators and trustees of unregistered schemes must generally still hold an AFS licence to issue, vary or dispose of interests in the scheme (ASIC INFO 251). "It's wholesale, so I don't need a licence" is the single most expensive misunderstanding in this process.

Step 4 — Decide your licensing route

Operating a scheme, and issuing interests in it, are financial services — so they need to be covered by an AFS licence (ASIC: Do you need an AFS licence?). It doesn't have to be your licence. There are two routes:

This choice drives your budget and your launch date more than anything else on this list. We compare the two in detail in own AFSL vs authorised representative.

Step 5 — Appoint the trustee and issuer

Someone licensed has to be the trustee and issuer of the scheme — holding legal title to the scheme's assets on behalf of unitholders, issuing the interests, and carrying the trustee and issuer responsibilities.

There's an important structural rule here that surprises people: a corporate authorised representative cannot itself operate a managed investment scheme. Operating the scheme sits with the licensee. So under the authorised representative model, the licensee is trustee, issuer and operator, while you run the investment strategy and provide the dealing and advising within your authorised scope. → Managed Scheme & Trustee Infrastructure

Step 6 — Establish the fund

The documents that actually bring the fund into existence:

Step 7 — Stand up the operations

Before you can take a dollar, the plumbing has to work:

This is unglamorous and routinely underestimated. It's also the part that determines whether your investors have a good experience or a bad one.

Step 8 — Get authorised, then raise

Finally, the authorisation itself — and this is where the two routes diverge sharply on time:

Once authorised, you can offer interests to wholesale clients and begin raising.

What it costs, and how long it takes

The short version:

  Under an existing AFSL Your own AFSL
Setup cost $20,000 – $60,000 $60,000 – $100,000
Capital required Held by the licensee Additional $150,000 in net tangible assets
Time to authorisation Weeks At least 8 months

Both figures are indicative and exclude ongoing costs. We break the numbers down in full — including what each excludes — in what does it cost to set up a wholesale fund?

Where an integrated platform fits

Read the eight steps again and notice how many separate counterparties they normally imply: a lawyer for the deed, an adviser for the structure, a trustee, an administrator, a compliance consultant — and a licence you either apply for or go looking for. Most of the cost, and nearly all of the delay, comes from assembling that yourself.

Provenance collapses it. Providence Equity Holdings acts as trustee, issuer and operator of the scheme, provides the compliance and operational framework, and onboards you as an authorised representative to run the strategy — on a fixed engagement fee, in weeks rather than months.

What stays with you is what should: running the investment strategy within your mandate, ensuring every investor is a wholesale client, and providing accurate information for administration and reporting. → Authorised Representative Onboarding

Frequently asked questions

How do you set up a wholesale fund in Australia?

Broadly: confirm every investor will be a wholesale client; choose the vehicle (a wholesale unit trust is the most common); establish it with a trust deed and an information memorandum; appoint a licensed trustee and issuer; decide your licensing route; stand up fund administration and AML onboarding; then offer interests and raise. Most wholesale schemes are unregistered because they're offered only to wholesale clients — but being exempt from registration doesn't remove the licensing requirement.

Do I need to register a wholesale fund with ASIC?

Generally no, if interests are issued only to wholesale clients. ASIC's guidance is that a scheme generally must be registered if it has more than 20 members or is promoted by someone in the business of promoting schemes, and that schemes in which all interests are issued to wholesale clients are generally exempt from registration (s 601ED(2)). No registration also means no responsible entity. If retail investors are involved, the position changes entirely.

Do I need my own AFSL to run a wholesale fund?

You generally need to be covered by an AFS licence — but it doesn't have to be your own. Operating a scheme and issuing interests in it are financial services, so they require a licence even for an unregistered wholesale scheme. You can hold your own AFSL, or operate under an existing one as a corporate authorised representative while the licensee acts as trustee and issuer. A corporate authorised representative cannot itself operate the scheme.

What vehicle should a wholesale fund use?

A wholesale unit trust is the most common vehicle in Australia. An SPV company or a limited partnership can also be used, and the right choice depends on the strategy, the investor base and the tax outcome you need. Take structuring and tax advice before you commit — changing the vehicle later is expensive.

How long does it take to set up a wholesale fund?

The establishment work itself is usually measured in weeks. The licensing route drives the real timeline: being appointed as an authorised representative under an existing licence is generally a matter of weeks, while applying for your own AFS licence is assessed by ASIC and generally takes at least eight months.

How much does it cost to set up a wholesale fund?

Under an existing AFSL, typically $20,000–$60,000. Applying for your own AFSL, typically $60,000–$100,000, plus an additional $150,000 held in net tangible assets, plus at least eight months of ASIC assessment. Both are indicative and exclude ongoing costs — see the full cost breakdown.

Related reading: What does it cost to set up a wholesale fund? — the two routes, with real numbers. And own AFSL vs authorised representative — how to choose your licensing route.

Sources & further reading (ASIC)

This page draws on guidance published by ASIC. For the authoritative position, see:

ASIC guidance is general and doesn't address your circumstances — confirm how it applies to you with your own adviser.

Disclaimer

Not legal, financial or tax advice The content of this page is general information only. Providence Equity Holdings does not provide legal, financial or tax advice. Nothing on this page constitutes legal advice, financial product advice or tax advice, and it has been prepared without regard to your objectives, financial situation or needs. Whether a licence or authorisation is required, and how the Corporations Act 2001 (Cth) applies to you, is fact-specific. We recommend you speak with your own adviser to obtain advice appropriate to your circumstances before acting on anything set out on this page.

Talk to Provenance

Trustee and issuer infrastructure for wholesale schemes, authorised representative onboarding, regulatory compliance reporting and operational governance are available now through Providence Equity Holdings Pty Ltd, on a fixed engagement fee. The Provenance platform is in development — get in touch and we'll get you set up.

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