Financial Markets Conduct Act 2013

Governance of financial products - Governance of debt securities - Role of supervisor

113: Duty of supervisor to comply with professional standard of care

You could also call this:

"Supervisors of debt securities must be careful and do their job with skill and diligence."

Illustration for Financial Markets Conduct Act 2013

If you are a supervisor of a debt security, you must be careful and diligent when making decisions and doing your job. You need to use the same care, diligence, and skill that a prudent person would use if they were in your position as a licensed supervisor. This means you should act in a way that is careful and thoughtful, like someone who is experienced and responsible in the business of supervising debt securities.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091092.


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112: General duties applying in exercise of supervisor's functions, or

"Supervisors of debt securities must act honestly and fairly for the people involved."


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114: Duty of issuer to provide reports to supervisor, or

"Companies must send regular reports to the supervisor when they borrow money from investors."

Part 4Governance of financial products
Governance of debt securities: Role of supervisor

113Duty of supervisor to comply with professional standard of care

  1. The supervisor of a debt security must, in exercising its powers and performing its duties as a supervisor, exercise the care, diligence, and skill that a prudent person engaged in the business of acting as a licensed supervisor would exercise in the same circumstances.