Fma regulations. It is the first time the FMA has brought a case under section 34 of the Financial Markets Authority Act These powers enable the FMA to exercise the rights.

Fma regulations

CA Final. Law. SCRA. Securities Contract (Regulations) Act by CA Padma Jain

Fma regulations. Expand Part 9—Modified operation of Act and relevant regulations .. FMA Orders means Orders issued by the Finance Minister under section 63 of the Act.

Fma regulations


Changes authorised by subpart 2 of Part 2 of the Legislation Act have been made in this official reprint. These regulations are administered by the Ministry of Business, Innovation, and Employment. Pursuant to subpart 1 of Part 9, sections , , , , and , and clause 29 of Schedule 1 of the Financial Markets Conduct Act , His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Commerce and Consumer Affairs made in accordance with sections 3 , 3 , 2 , 2 , , , 2 , and 2 and clause 29 3 of Schedule 1 of that Act, makes the following regulations.

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Reprint as at 9 August His Excellency the Governor-General in Council. Note Changes authorised by subpart 2 of Part 2 of the Legislation Act have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated.

Disclosure of offers of financial products. When PDS does not have to be given. Information at start of product disclosure statement. Content of product disclosure statements. Miscellaneous matters relating to PDSs. Content of register entries when PDS is lodged. Other provisions relating to lodging of PDS and other documents.

Dealing with applications where condition referred to in PDS not met or disclosure defective. Money for financial products must be held in trust. Provisions relating to convertibles. Simplified disclosure offers for listed issuers. Correcting defective cleansing notice. Fund updates for managed funds. Annual reports to be made available by e-reporting entities.

Annual report for registered scheme. Annual report for issuer of equity securities. Ongoing confirmation for derivatives investor money or property. Governance of financial products. Requirements for governing document for debt security. Meetings of product holders. Requirements for governing document for registered scheme. Custodianship of scheme property. Meetings of scheme participants.

When statement of investment policy and objectives or change does not need to be lodged. Pricing error or failure to comply with pricing methodologies. Registers of regulated products. Dealing in financial products on markets. Form and delivery method for event disclosures. When event disclosures may be combined. What disclosure required for event disclosures. Acknowledgements of event disclosure.

Exemptions from event disclosure obligations. Forms for tracing and disclosure of interests in listed issuers. Form and delivery method for disclosure. Exemptions from disclosure obligations. Licensing and other regulation of market services. Exemptions from DIMS licensing requirement. Additional conditions that FMA may impose on licences. Disclosure obligations for discretionary investment management service. Disclosure obligations for prescribed intermediary services.

Client agreement requirements apply to prescribed intermediary services. Additional regulation of DIMS. Circumstance in which custodian requirements do not apply. Holding and application of investor funds and property by derivatives issuers. Enforcement, liability, and appeals. Mutual recognition, interest rates, and other miscellaneous provisions. Transitional, savings, and related provisions. Managed investment products in managed fund. Managed investment products in other schemes.

NBDT category 2 debt securities. Limited disclosure document for debt securities issued by registered bank or the Crown. Clauses treated as implied into trust deed. Default provisions for proceedings at meetings of product holders. Clauses treated as implied into governing documents for registered schemes. Default forms for event disclosure. Exemption for substantial holdings in issuers with listing on financial product markets in overseas jurisdictions.

Forms for listed issuer requiring disclosure. Default forms for disclosure of relevant interests in quoted financial products or specified derivatives by directors and senior managers of listed issuers. Financial products transfer forms. Form of information and statements at front of unsolicited offer disclosure document. Statement in unsolicited offer disclosure document if payment to be made more than 90 days after date of offer.

Disclosure statement and investment proposal for discretionary investment management service. Mutual recognition of securities offerings—warning statements. The Parliamentary Counsel Office www. Meaning of issuing group. Matters relating to GAAP.

General provision relating to statements in particular form, warning statements, etc. Name of financial products or services. Section numbers may be renumbered. PDS, other disclosure document, or register entry not required to refer to matter that is not applicable. Derivative definition prescribed times. Financial service does not include being creditor under credit contract. PDS does not have to be given if investor already holds products and has received, or has access to, same information.

Offeror treated as having reasonable grounds. PDS does not have to be given before application if investment in category 2 products is made urgently and PDS is later provided. NBDT must give credit risk statement to investors if it does not have investment-grade credit rating. Information at start of PDS. Information at front may be on separate cover page or before key information summary. Content of PDS for offer of debt securities. Content of PDS for offer of equity securities.

Content of PDS for offer of managed investment products. Content of PDS for offer of derivatives. Purpose of key information summary. Key information summary must be identified.

Key information summary requirements. PDS must be easily readable. PDS may relate to more than 1 class of products, etc. Information that must be included in PDS where regulations do not otherwise provide for placement.


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