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  2. 10 January 2022

    181101 Determining whether you are acquiring a business or assets

    Under the Financial Markets Conduct Regulations 2014 (the Regulations), issuers making regulated offers of debt and equity securities are required to provide investors with a Product Disclosure Statement (PDS) that contains prescribed financial information for recent or proposed business acquisitions. This guidance sets out our view of what constitutes a ‘business’ for these purposes, as opposed to an asset. It also sets out additional information issuers should consider disclosing for asset acquisitions.

    https://www.fma.govt.nz/assets/Guidance/181101-Determining-whether-you-are-acquiring-a-business-or-assets.pdf (193 KB)

    Tags
    FMC Act, Offer information, Legislation, Business
    Type
    PDF, Guidance

  4. 14 January 2022

    111201 Code Standard 6 (d) – Analysis Before Recommendation guidance

    This guidance note is intended for Authorised Financial Advisers (AFAs). It clarifies FMA’s expectations in relation to the application of, and compliance with, Code Standard 6 (d) of the Code of Professional Conduct for AFAs (May 2011), particularly in relation to public issues.

    https://www.fma.govt.nz/assets/Guidance/111201-Guidance-code-standard-6-d-analysis-before-recommendation.pdf (319 KB)

    Tags
    Financial Adviser, Roles, Business
    Type
    PDF, Guidance

  5. 14 January 2022

    141201 Guidance Effective disclosure

    This guidance note is for Issuers of securities under the Securities Act 1978 pursuant to the transitional provisions of the Financial Markets Conduct Act 2013. It is also for their directors and advisers. It gives guidance on the approach the Financial Markets Authority (FMA) intends to take in reviewing prospectuses and investment statements for
    compliance with the law. It also provides our views on good
    practice for preparing these disclosure documents.

    https://www.fma.govt.nz/assets/Guidance/141201-Guidance-effective-disclosure.pdf (1.3 MB)

    Tags
    Directors, Roles, Derivative Issuer, Business
    Type
    PDF, Guidance

  6. 20 January 2022

    160526 Response to submissions on fee disclosure by managed funds

    We have provided guidance to help managers and supervisors understand the new disclosure obligations, and
    the various categories of fees and charges they must disclose. In formulating this guidance, we undertook a
    number of rounds of consultation with industry on the subject. Following these consultations, we considered the
    industry’s submissions and suggestions on the regulatory and financial impact of the guidance.

    https://www.fma.govt.nz/assets/Guidance/160526-Response-to-submissions-on-fee-disclosure-by-managed-funds-v2.pdf (564 KB)

    Tags
    Managed investment schemes, Supervisor, Consultations, Roles, Business
    Type
    PDF, Guidance, Information Sheet

  7. 14 January 2022

    Securities trustees and statutory supervisors monitoring guidance note

    This guidance note is for licensed securities trustees and statutory supervisors. It sets out the Financial Market Authority’s (FMA) expectations of how they will carry out their monitoring functions effectively.

    https://www.fma.govt.nz/assets/Guidance/130601-Securities-trustees-and-statutory-supervisors-monitoring-guidance-note-1.pdf (382 KB)

    Tags
    Supervisor, Reporting entities, Roles, Business
    Type
    PDF, Guidance

  10. 14 January 2022

    Unreasonable fees KiwiSaver guideline

    The Government objective for KiwiSaver is to establish a low cost work-based savings scheme. In general terms the KiwiSaver Act 2006 (“the Act”) expounds the principle that the fees should not be unreasonable and should reflect the services provided. This guideline was issued by the Government Actuary.

    https://www.fma.govt.nz/assets/Guidance/071001-unreasonable-fees-kiwisaver-guideline.pdf (203 KB)

    Tags
    KiwiSaver providers, Managed investment schemes, Roles, Business
    Type
    PDF, Guidance

  12. 14 January 2022

    aml cft interpreting ordinary course of business guideline

    This guideline is designed to help clarify the meaning of the phrase “in the ordinary course of business”. The meaning of this phrase is important if your business conducts one (or more) of the activities listed under the definitions of financial
    institution”, “designated non-financial business or profession”, and “high-value dealer” in the Anti-Money Laundering and Countering Financing of Terrorism Act
    2009 (AML/CFT Act).

    https://www.fma.govt.nz/assets/Guidance/aml-cft-interpreting-ordinary-course-of-business-guideline.pdf (303 KB)

    Tags
    AML/CFT, Roles, Business
    Type
    PDF, Guidance

  14. 14 January 2022

    150220 Content and form of Disclose register information guidance note

    This guidance note is for Issuers and advisers who are required to produce a register entry for an offer of financial products under the FMC Act 2013. It gives guidance on matters the FMA recommends you consider when producing your register entry.

    https://www.fma.govt.nz/assets/Guidance/150220-Content-and-form-of-Disclose-register-information-guidance-note.pdf (903 KB)

    Tags
    Derivative Issuer, Financial Adviser, Roles, Business
    Type
    PDF, Guidance

  15. 14 January 2022

    20170725 - Offering financial products in New Zealand and Australia under mutual recognition (MRSO)

    This is a guide for New Zealand and Australian issuers offering financial products or interests in managed or collective investment schemes in both countries.
    It explains what issuers have to do under the trans-Tasman mutual recognition scheme for offers of financial products.
    This is a joint guide published by the Australian Securities and Investments Commission.

    https://www.fma.govt.nz/assets/Guidance/20170725-Offering-financial-products-in-New-Zealand-and-Australia-under-mutual-recognition-MRSO.pdf (253 KB)

    Tags
    Financial Adviser, Roles, Derivative Issuer, Business
    Type
    PDF, Guidance