Financial Markets Conduct Act 2013

Disclosure of offers of financial products - Ongoing disclosure and updating of registers - Disclosure to particular persons

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

You could also call this:

"Telling investors and others important information about financial products"

If you issue regulated products, you must give certain people information when they ask for it, at set times, or when specific events happen. You have to provide the information that the regulations say you must give. You must give this information in the way that the regulations say you should.

If you do not give the information as required, you can commit an offence and be fined up to $50,000. This offence is also an infringement offence, which is explained in subpart 5 of Part 8.

You may need to give information to someone even if they do not need a disclosure statement, such as a wholesale investor who buys financial products, and this can be found in the regulations and Schedule 1.

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This page was last updated on 15 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091065.

Topics:

Money and consumer rights > Banking and loansMoney and consumer rights > Consumer protectionBusiness > Industry rulesBusiness > Fair trading

95: Duty to notify changes to Registrar, or

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

97: Information to be made publicly available, or

"Companies must share important information with the public at the right time"

Part 3Disclosure of offers of financial products
Ongoing disclosure and updating of registers: Disclosure to particular persons

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

Every issuer of regulated products must, at the request of a prescribed person or at the prescribed times or on the occurrence of the prescribed events, make available to a prescribed person the information that is required to be made available under this section by the regulations.
The information must be made available in the prescribed manner.
An issuer that contravenes this section commits an offence and is liable on conviction to a fine not exceeding $50,000.
The offence in this section is an infringement offence (see subpart 5 of Part 8).
To avoid doubt, information may be required to be made available to a person under this section even though Schedule 1 specifies that an offer to the person would not require disclosure under this Part (for example, a wholesale investor who acquires financial products under a regulated offer is not required to be given a PDS for the offer but ongoing disclosure to the investor may be required under the regulations).

Notes

Section 96 heading: amended, on 9 August 2017, by section 50 of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).