28 September 2022

Financial Markets Conduct (Disclosure Using Overseas GAAP) Exemption Notice 2022

Name of Notice Financial Markets Conduct (Disclosure Using Overseas GAAP) Exemption Notice 2022
Gazette Notification Date 2022-09-27
Date In Force 2022-11-04
LI Number N/A
SL Number SL2022/262
Act Financial Markets Conduct
Type Class Exemption
Expiry Date 2026-11-03

Financial Markets Conduct (Disclosure Using Overseas GAAP) Exemption Notice 2022 provides relief for overseas issuers that have a primary listing on a market in a high quality jurisdiction from certain disclosure requirements in the FMC Act.  The Financial Markets Conduct (Disclosure using Overseas GAAP) Exemption Notice 2022 will replace the Financial Markets Conduct (Disclosure using Overseas GAAP) Exemption Notice 2021 when it expires on 3 November 2022 and will continue, for a further four years, relief on the same terms.

The exemption provides relief to these issuers by allowing them to use the accounting practices (overseas GAAP) and auditors allowed in that jurisdiction to prepare a PDS and register entry.  The exemption is limited to issuers listed in overseas jurisdictions where we have assessed that financial statements are prepared according to accounting standards broadly comparable to New Zealand GAAP, and where auditors are subject to audit standards and requirements broadly comparable to New Zealand standards.  The list of overseas GAAP now includes UK IFRS following Brexit.

The exemption is conditional upon the issuer including statements in the PDS and register entry disclosing the use of overseas GAAP and stating that they are relying on the notice.