Under the FMC Act, you must be licensed to make a regulated offer of derivatives. A regulated offer includes any offer of derivatives when disclosure must be made to one or more investors. See section 388 of the FMC Act for definitions of what is a financial product and who is derivative issuer.
Before you apply for a licence
There are some things you can do to ensure your application runs as smoothly as possible:
- review the licensing guides and documents below as they contain all the information you need to know so you can complete and submit your application
- set up your RealMe® login details early
- focus on the minimum standards – we will assess your business against them when processing your application
- we’re here to help so please contact us if you have any questions either by email fmcapplications@fma.govt.nz or phone 0800 434 567.
How to apply
Please contact us to get a copy of a licence application, either by email fmcapplications@fma.govt.nz or phone 0800 434 567.
Our two licensing guides (PART A and PART B)
PART A
This guide contains information about the licensing process and includes many FAQs you might have and explains how to use our online application form(currently unavailable); create a RealMe® identity, if you don't already have one and pay your licensing fee.
PART B
This guide contains all the specific questions you’ll be asked and the minimum standards you’ll need to show you meet. It also details the information and supporting documents you’ll need to provide when you submit your application.
Standard conditions for derivatives issuer licences
In your application you'll need to demonstrate how you can meet the minimum standards and conditions for your licence - or ask us for a limit or variation using the forms below. This is very important because when a licence is granted, they contain conditions that support your licensee obligations. They include conditions imposed by the FMC Act, the regulations, and any conditions imposed by the FMA.
Licensing overview report 2017: what you need to know to meet your licence obligations.
It is helpful to read the Licensing overview report alongside the guide to the FMA’s view of conduct. Together, these documents give a good indication of our areas of future focus, our overall approach to monitoring; and what we expect of licensed providers of financial products and services.
Licensing declarations and certificates
