Document Library

Going Public - a directors guide

FMA & IoD guide helps NZ directors evaluate going public & understand IPO processes without covering full legal obligations.

Financial regulation and registration requirements for marinas information sheet

The Financial Markets Conduct Act 2013 (FMC Act) changes the way interests in marinas are regulated. Marinas will generally not be regulated under the FMC Act and will no longer need to register on the Financial Service Providers Register. Published November 2014.

Statements of investment policy and objectives (SIPO) guidance

This guidance note is for managers of Managed Investment Schemes and their Supervisors. It provides guidance on the expections of the FMA for your approach to SIPOs under Part 4 of the FMC Act 2013.

Governance under Part 4 of the FMC Act guidance

This guidance note is for Issuers of debt securities, managers of investment schemes and their supervisors. It gives guidance on the expectations of the FMA on your approach to governance and accountability responsibilities that apply to Part 4 of the FMC Act 2015.

KiwiSaver schemes monitoring investment risk guidance

This Guidance Note is designed to assist Trustees of retail non-restricted KiwiSaver schemes (Trustees), in performing their functions effectively.

Broker Obligations guidance note

The focus of this guidance is on custody of client money and client property, and the key obligation of brokers to hold client money and client property on trust.

Monitoring of non-GAAP disclosures response to guidance note

In this review we assessed the market’s response to the guidance note to gain an early indication of whether disclosures around non-GAAP (generally accepted accounting principles) financial information are improving.

Securities trustees and statutory supervisors monitoring guidance

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.

Pre-prospectus publicity - some practical guidance for issuers and their advisers

This guidance note is intended for issuers of securities, their directors and advisers. It sets out the Financial Markets Authority’s (FMA) view on the boundaries of pre-regulated offer publicity/advertising (also commonly referred to as ‘pre-prospectus publicity’), as required by the Securities Act 1978 (Act) and FMA’s policy on the scope of pre-prospectus publicity it will support by exemption.

KiwiSaver sale and distribution guidance

This guidance note provides guidance on the FMAs expectations for the sale of KiwiSaver schemes within the requirements and spirit of the Financial Advisers Act 2008 (the Act). This guidance focuses on factors FMA will take into account when considering whether advice is given, and if so, whether the advice is categorised as a class or personalised service.

Policies and guidance for the assessment of applications to be an accredited body

FMA policy on accreditation applications, conditions, and process for becoming an accredited body under financial market regulations.

AML/CFT Guide for small financial adviser businesses

This guide is designed to help financial advisers working independently or in a small business comply with their obligations under the Anti-Money Laundering and Countering the Financing of Terrorism Act 2009 (the AML/CFT Act) and associated regulations (together AML/CFT law).

Good character and criminal convictions guidance note

The guidance note is intended to answer some of the queries the Commission has received regarding the assessment of good character, as well as provide further guidance on the information applicants need to provide to the Commission in relation to criminal convictions.

KiwiSaver distribution and disclosure guideline

Guidance note: KiwiSaver distribution and disclosure, March 2010

KiwiSaver performance fees and ethical fund guideline

In general terms, the costs associated with an ethical fund are similar to the costs associated with a normal equity fund when bottom-up analysis is undertaken. Hence, for funds with similar asset profiles, the Government Actuary would expect the fee levels of ethical funds to be similar to the fee levels of non-ethical funds. However if a global overlay is used, it would be expected that the additional cost necessary for the additional services to be quantified.

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