Enforceable undertakings are written undertakings by parties that have been accepted by the Financial Markets Authority under section 46 of the Financial Markets Authority Act 2011. They are enforceable by the Court if a party fails to fulfil the undertaking.
Generally a party that offers FMA an enforceable undertaking has acknowledged non-compliance with securities law or financial markets legislation, and agreed to take specific steps to address the breach.
FMA will accept an enforceable undertaking when we consider this to be the most appropriate outcome. Accepting an undertaking does not prevent FMA from exercising any of our other enforcement powers.
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