Financial Markets Conduct Act 2013

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

110: Lodging of changes to trust deed

You could also call this:

"Telling the Registrar about changes to a trust deed for a debt security"

Illustration for Financial Markets Conduct Act 2013

If you make changes to or replace a trust deed for a debt security, you must tell the Registrar within 5 working days. You need to send a notice of the change or replacement and a copy of the certificate for the change or replacement, if you have one.

If you do not do this, you can get in trouble and have to pay a fine of up to $50,000.

This is considered an infringement offence, see subpart 5 of Part 8 for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091088.


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109: Power to make FMA-approved changes to trust deeds, or

"Changing trust deeds with the Financial Markets Authority's approval"


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110A: Application of Trusts Act 2019, or

"Rules from the Trusts Act 2019 that don't apply to trusts for debt securities"

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

110Lodging of changes to trust deed

  1. Within 5 working days after an amendment to or a replacement of a trust deed for a debt security, the issuer must ensure that notice of the amendment or replacement, and a copy of the certificate for the amendment or replacement (if any), is lodged with the Registrar.

  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).