Financial Markets Conduct Act 2013

Disclosure of offers of financial products - Ongoing disclosure and updating of registers - Duty to update register of offers of financial products and register of managed investment schemes

95: Duty to notify changes to Registrar

You could also call this:

"Tell the Registrar about changes to your products or scheme within a set time"

If you issue regulated products, you must tell the Registrar about certain changes. You have to do this within a certain time frame, which is either a set period or 5 working days after you find out about the change. The change must relate to you, the products, or a scheme connected to the products.

If you do not tell the Registrar about the change, you can commit an offence and have to pay a fine of up to $50,000. This offence is also an infringement offence, which is explained in subpart 5 of Part 8. You should look at this link to learn more about infringement offences.

You must follow the rules and tell the Registrar about the changes to avoid getting in trouble. The Registrar needs to know about these changes so they can keep the information up to date. You have a responsibility to keep the Registrar informed.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091062.


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96: Information to be made available to investors, FMA, Registrar, or other prescribed persons, or

"Telling investors and others important information about financial products"

Part 3Disclosure of offers of financial products
Ongoing disclosure and updating of registers: Duty to update register of offers of financial products and register of managed investment schemes

95Duty to notify changes to Registrar

  1. An issuer of regulated products must notify the Registrar of a prescribed change within the prescribed period.

  2. In this section,—

    prescribed change, in respect of regulated products,—

    1. means a prescribed change that relates to the issuer, any offeror of those products, the regulated products, or any registered scheme to which those products relate; but
      1. does not include a change in respect of which the FMA is required to notify the Registrar (for example, an order made under subpart 1 of Part 8)

        prescribed period, in respect of a prescribed change, means—

        1. the period (if any) that is prescribed in respect of the change; or
          1. 5 working days after the issuer becomes aware of the change (if paragraph (a) does not apply).

          2. An issuer that contravenes this section commits an offence and is liable on conviction to a fine not exceeding $50,000.

          3. The offence in this section is an infringement offence (see subpart 5 of Part 8).

          Compare
          Notes
          • Section 95(1): replaced, on , by section 49 of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).
          • Section 95(2): replaced, on , by section 49 of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).