First published 21 May 2012
Final date for submissions
|Consultation paper||Disclosing non-GAAP financial information|
|Draft document||DRAFT Guidance Note - Disclosing non-GAAP financial information|
|Submission form||Included as a part of the consulation paper|
|E-mail for submission||[email protected] (please use the title of the consultation paper for the subject line)|
Response to submissions
|Response to submissions draft guidance note: disclosing non-GAAP financial information|
|Resulting document||Disclosing non GAAP financial information guidance note|
3 March 2015
This guidance note Disclosing Non-GAAP financial information was published in September 2012 in relation to issuers and securities governed by the Securities Act 1978 and the Securities Markets Act 1988.
The Financial Markets Conduct Act 2013 (the FMC Act) is now effective and contains transitional provisions allowing some offers of securities to continue to be made under the Securities Act 1978 Act up to 30 November 2016. This guidance does not currently address the FMC Act requirements, but may still be useful to issuers making offers under the Securities Act 1978 pursuant to the transitional provisions in the FMC Act.
For offers made under the new FMC Act regime the Financial Markets Conduct Regulations 2014 set out specific requirements that apply to issuers presenting non-GAAP financial information in offer documents. These requirements will help to set new standards in relation to clear, concise and effective disclosure of financial information.
We will continue to monitor whether there is a need for separate guidance on disclosure of non-GAAP financial information under the FMC Act and we encourage issuers to engage directly with us if they have any concerns about producing financial information for offers under the new FMC Act.
This guidance note does not replace GAAP or the law. Disclosure of financial information that does not follow this guidance note will not necessarily breach the law. However, in our view, following this guidance note will increase the likelihood of compliance with regulatory requirements. FMA will assess non-GAAP financial information disclosures against this guidance from 1 January 2013.
The examples we use in this guidance note are for illustration only. The examples are not exhaustive and do not impose or imply particular rules or requirements.
Every issuer must comply with all regulatory requirements for financial reporting. We do not repeat all regulatory requirements in this guidance note, although we refer to some where this is appropriate.
This guidance note does not constitute legal advice. We encourage you to seek your own professional advice to find out how any applicable laws apply to you, as it is your responsibility to determine your obligations.
This guidance note is based on regulatory requirements as at September 2012.