Financial Markets Conduct Act 2013

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

106: Trust deed must be legally enforceable

You could also call this:

"A trust deed for a debt security must be a legal document that everyone involved agrees to follow."

Illustration for Financial Markets Conduct Act 2013

When you have a debt security, there must be a trust deed. This trust deed must be in a document that is legally enforceable. You need to make sure the document is enforceable between the supervisor, the issuer of the debt security, and the people who hold the product.

The document must be able to be enforced as a legal contract between these parties. This means the supervisor, the issuer, and the product holders must all be bound by the terms of the trust deed. The trust deed is an important part of the debt security.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091084.


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


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107: Effect of trust deed, or

"What happens if a trust deed disagrees with the Financial Markets Conduct Act 2013 rules"

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

106Trust deed must be legally enforceable

  1. A trust deed for a debt security must be contained in 1 or more documents that are legally enforceable as between the supervisor, the issuer of the debt security, and the product holders.