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Financial Markets Conduct Act 2013

Disclosure of offers of financial products - Ongoing disclosure and updating of registers - Public disclosure

97: Information to be made publicly available

You could also call this:

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

If you issue regulated products, you must make certain information publicly available at set times or when specific events happen. You have to do this in a particular way. The regulations will tell you what information you need to make publicly available and how to do it.

If the regulations say you need to lodge information with the Registrar, but you do not do it, you can commit an offence. You can be fined up to $50,000 if you are convicted.

The offence of not making information publicly available is an infringement offence, you can see subpart 5 of Part 8 for more information about this.

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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=DLM4091067.

Topics:
Money and consumer rights > Banking and loansBusiness > Industry rulesBusiness > Fair trading
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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"

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98: Issuer must provide information to Registrar, or

"Tell the Registrar about the products you issue"

Part 3Disclosure of offers of financial products
Ongoing disclosure and updating of registers: Public disclosure

97Information to be made publicly available

  1. Every issuer of regulated products must, at the prescribed times or on the occurrence of the prescribed events and otherwise in the prescribed manner, make publicly available the information that is required to be made publicly available by the regulations.

  2. An issuer commits an offence and is liable on conviction to a fine not exceeding $50,000 if—

  3. the regulations made for the purposes of this section require the issuer to make information publicly available by lodging that information with the Registrar; and
    1. the issuer contravenes this section by failing to lodge that information with the Registrar in accordance with subsection (1).

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

      Compare
      Notes
      • Section 97(2): inserted, on , by section 51 of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).
      • Section 97(3): inserted, on , by section 51 of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).