Credit Contracts and Consumer Finance Act 2003

Certification and fit and proper person requirements - Expiry, suspension, or cancellation of certifications

131Q: Procedural requirements on suspension or cancellation of certification

You could also call this:

"What happens if the Commission wants to suspend or cancel your certification"

Illustration for Credit Contracts and Consumer Finance Act 2003

The Commission must give you written notice if they want to suspend or cancel your certification. You get at least 10 working days' notice before they make a decision. The notice tells you they might suspend or cancel your certification and why. The Commission also tells you that you can make written submissions about the matter. This means you can write to them and explain your side of the story within the 10 working day notice period. If the Commission is not happy with someone in a senior role, like a director, they might suspend or cancel your certification. This person is called a certified person and includes directors or senior managers who the Commission thinks are not suitable for their role. You can find more information about this in the Credit Contracts Legislation Amendment Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS502534.

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131P: When Commission may suspend or cancel certification, or

"When the Commission can stop or cancel your certification"


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131R: Duty to notify changes, or

"Tell us about important changes"

Part 5ACertification and fit and proper person requirements
Expiry, suspension, or cancellation of certifications

131QProcedural requirements on suspension or cancellation of certification

  1. The Commission must not suspend or cancel a certification unless—

  2. the Commission gives the certified person no less than 10 working days’ written notice of the following matters before it exercises the power:
    1. that the Commission may suspend or cancel the certification; and
      1. the reasons why it may exercise that power; and
      2. the Commission gives the certified person or their representative an opportunity to make written submissions on the matter within that notice period.
        1. In this section, certified person includes any director or senior manager, or proposed director or senior manager, who the Commission is not satisfied is a fit and proper person to hold their respective position and who is the reason why the Commission proposes to suspend or cancel the certification.

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        Notes
        • Section 131Q: inserted, on , by section 50 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).