Financial Markets Conduct Act 2013

Disclosure of offers of financial products - Application

43: Options over financial products

You could also call this:

"Buying a choice to buy a financial product, like a special ticket to buy something later"

When you are looking at offers of financial products, you need to understand what an option is. If someone offers you an option to buy a financial product, it means they are offering you two things: the option itself and the financial product that the option is about. You can think of it like being given a choice to buy something, and the choice is also something that can be bought or sold.

If someone gives you an option without actually offering it to you, it is still considered an offer of the option. Also, if someone offers to give you an option, it is like they are offering to create a new option just for you. You can find more information about options in Schedule 1, and there is also something important to note in clause 11 of Schedule 1 about when options are not included.

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"Some investments have extra rules to follow"


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Part 3Disclosure of offers of financial products
Application

43Options over financial products

  1. For the purposes of this Part and Schedule 1,—

  2. an offer of an option to acquire, by way of issue, a financial product is an offer both of the option and of the underlying financial product; and
    1. the grant of an option without an offer of the option is an offer of the option; and
      1. an offer to grant an option is an offer to issue the option.
        1. See clause 11 of Schedule 1 for an exclusion in relation to options.