The FMA investigation into the conduct of CBL Corporation Limited (“CBL”) and its directors is ongoing.
The FMA has completed a preliminary assessment of the information obtained as part of the investigation to date and has concerns about potential breaches of the Financial Markets Conduct Act 2013 (“FMC Act”) and the Companies Act 1993 (“Companies Act”) for:
Disclosures made as part of the initial public offer;
Continuous disclosure, in particular for matters which arose from mid-2017;
12 June 2023
FMA has reached agreement with CBL Corporation Limited (In Liquidation) (CBLC) and four of its former directors in respect of the FMA's claims of continuous disclosure breaches and misleading conduct. Releated media release: FMA reaches agreement with CBL Corporation and four independent directors on continuous disclosure breaches
We issued two sets of civil proceedings in the Auckland High Court against CBL Corporation Limited (in liquidation), the six directors and the chief financial officer, alleging multiple breaches of the Financial Markets Conduct Act 2013. Related media release: FMA files civil proceedings against CBL Corporation, its directors and chief financial officer.
The FMA publishes an update about the ongoing investigation. Related media release: CBL Investigation update.
Decision announced that continuous disclosure obligations do not apply during administration. Related media release: Decision in the case stated procedure between FMA and the administrators of CBL Corporation Limited.
The judge stated in his decision on 13 August 2018 “that the disclosure/reporting obligations of an issuer in voluntary administration are contained within Part 15A of the Companies Act and while the issuer is in administration, the continuous disclosure obligations are suspended.”
Hearing held at the Auckland High Court.
The FMA announced its intention to file a case stated procedure on the issue of continuous disclosure obligations for listed issuers in voluntary administration. Related media release: CBL investigation update.
The FMA publishes an update about the ongoing investigation. Related media release: CBL update.