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Companies Act 1993

Registrar of Companies - Other matters relating to Registrar's powers

371A: Sharing of information with Financial Markets Authority

You could also call this:

“Registrar and FMA can share information to help each other do their jobs”

The Registrar can give information or copies of documents to the Financial Markets Authority (FMA) if the Registrar thinks it might help the FMA do its job. This information needs to be related to the Registrar’s work and can be about any of the Registrar’s duties under this law or other laws.

The Registrar can also use any information or copies of documents that the FMA gives them under section 30 of the Financial Markets Authority Act 2011. The Registrar can use this information to do their job.

When we talk about the Registrar’s job, we mean all the things they do under this law and other laws. This includes their work under the Financial Service Providers (Registration and Dispute Resolution) Act 2008 and the Financial Markets Conduct Act 2013.

This rule about sharing information is more important than anything else that might be written in a contract or other document that says otherwise.

However, this rule doesn’t change anything in the Privacy Act 2020. The Privacy Act still applies to how information is handled.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3725382.

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Part 20 Registrar of Companies
Other matters relating to Registrar's powers

371ASharing of information with Financial Markets Authority

  1. The Registrar may provide to the FMA any information, or a copy of any document, that the Registrar—

  2. holds in relation to the exercise or performance of the Registrar's functions, powers, or duties; and
    1. considers may assist the FMA in the exercise or performance of the FMA's functions, powers, or duties under this Act or any other enactment.

      1. The Registrar may use any information, or a copy of any document, provided to him or her by the FMA under section 30 of the Financial Markets Authority Act 2011 in the Registrar's exercise or performance of the Registrar's functions, powers, or duties.

      2. In this section, Registrar's functions, powers, or duties means his or her functions, powers, or duties under this Act or any other enactment (including functions, powers, or duties as the Registrar under the Financial Service Providers (Registration and Dispute Resolution) Act 2008 and the Financial Markets Conduct Act 2013).

      3. This section applies despite anything to the contrary in any contract, deed, or document.

      4. Nothing in this section limits the Privacy Act 2020.

      Notes
      • Section 371A: inserted, on , by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).
      • Section 371A(3): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
      • Section 371A(5): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).