Financial Markets Conduct Act 2013

Disclosure of offers of financial products - Advertising

89: Advertising for regulated offers

You could also call this:

"Rules for advertising financial products in a fair and honest way"

If you want to advertise a financial product that is a regulated offer, you must follow certain rules. You can find these rules in sections 90 to 92. You are not allowed to advertise the product unless you are doing so in accordance with these rules. When you advertise a financial product, it must be authorised by the person or company offering the product. This rule applies to you if you are advertising on behalf of the person or company offering the product, or if you are related to them in some way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091052.


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88: Offering financial products of entity that does not exist, or

"No selling products from a non-existent company if it would be regulated if it existed"


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90: Distribution of PDS or registered documents, or

"Sharing important documents with people, like Product Disclosure Statements, in a way that's allowed by law"

Part 3Disclosure of offers of financial products
Advertising

89Advertising for regulated offers

  1. If an offer, or intended offer, of financial products is or will be a regulated offer, a person must not, except in accordance with any of sections 90 to 92, distribute an advertisement of the offer or intended offer.

  2. Subsection (1) applies only if the advertisement is authorised or instigated by, or on behalf of, the issuer, the offeror, or an associated person of the issuer or offeror.