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Financial Markets Conduct Act 2013

Disclosure of offers of financial products - Advertising

92: Advertising after PDS lodged

You could also call this:

"Advertising rules after a financial product's information is lodged"

After a Product Disclosure Statement (PDS) is lodged, you can advertise a financial product without breaking the law in section 89, if your advertisement includes some important information. You must say who is offering the product, such as the issuer of the product. You must also say where people can get a copy of the PDS and how to get it.

You cannot put anything in your advertisement that contradicts the information in the PDS. This means you cannot include any information, sounds, or images that are significantly different from what is in the PDS. Any statements you are required to make must be easy to see and notice.

When you advertise, you must follow these rules to avoid breaking the law, as outlined in section 89 and section 40 applies to some sales offers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091056.

Topics:
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91: Advertising before PDS lodged, or

"Advertising a financial product before paperwork is complete: what you can and can't say"

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93: Documents to which subpart does not apply, or

"Documents that don't need to follow these rules"

Part 3Disclosure of offers of financial products
Advertising

92Advertising after PDS lodged

  1. After the PDS is lodged with the Registrar, an advertisement does not contravene section 89 if it—

  2. includes a statement that identifies,—
    1. if the financial products are offered by way of issue, the issuer of the products; and
      1. if the financial products are offered pursuant to sale offers to which section 40 applies, the issuer of the products and the offeror of the products; and
      2. includes a statement that indicates that the PDS for the offer is available and where and how it can be obtained; and
        1. does not contain any information, sound, image, or other matter that is materially inconsistent with the PDS, or register entry, for the offer to which it relates.

          1. A statement required under this section must be reasonably prominent.