Financial Markets Conduct Act 2013

Governance of financial products - Governance of debt securities - Governing document requirements

105: Limits on permitted exemptions and indemnities

You could also call this:

"Rules to protect supervisors of debt securities, but only if they follow the law"

Illustration for Financial Markets Conduct Act 2013

If you are a supervisor of a debt security, you have some rights to be indemnified. This means you have some protection if something goes wrong when you are doing your job. These rights must be written down in the trust deed for the debt security. You can only use these rights if you have done your job properly, as set out in sections 112(1) and 113. Any other agreement that tries to give you more rights than this will not be valid.

If someone tries to make an agreement that gives them more protection than the law allows, that agreement will not work. This is to make sure everyone follows the same rules. You can find more information about this in the Financial Markets Supervisors Act 2011, which explains what a supervisor's licensee obligations are.

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Part 4Governance of financial products
Governance of debt securities: Governing document requirements

105Limits on permitted exemptions and indemnities

  1. If a supervisor of a debt security has any rights to be indemnified in relation to the performance of the supervisor's licensee obligations (as defined in section 4 of the Financial Markets Supervisors Act 2011), those rights—

  2. must be set out in the trust deed for the debt security; and
    1. are available only in relation to the proper performance of the duties under sections 112(1) and 113.
      1. No other agreement has any effect to the extent that it purports to confer a right of a kind set out in subsection (1).

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