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Financial Markets Conduct Act 2013

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

115: Duty of issuer to provide requested information and reports to supervisor

You could also call this:

"Companies must give supervisors the information and reports they ask for to help them do their job."

Illustration for Financial Markets Conduct Act 2013

If you issue debt securities, you must give the supervisor certain information and reports when they ask for it. You have to make all your documents and records available to the supervisor, and provide any other reports or information they need. The supervisor can ask for reports or information about anything that helps them do their job, and this can include looking at what might happen in the future.

You have to give the supervisor the reports or information they ask for within a reasonable time and in the way they specify. The supervisor's request must be reasonable, considering the circumstances.

The supervisor's powers are outlined in the Financial Markets Conduct Act 2013 and similar rules can be found in the Securities Act 1986 and Securities Act 1986 which you can find on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091094.

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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."

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116: Issuer must report contravention or possible contravention of issuer obligations, or

"Companies must report if they break or might break rules to the supervisor."

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

115Duty of issuer to provide requested information and reports to supervisor

  1. If requested by the supervisor of a debt security (or a person authorised by the supervisor to exercise its powers under this section), the issuer must—

  2. make available to the supervisor (or other authorised person) all documents and records relating to the issuer; and
    1. provide the supervisor (or other authorised person) with any other reports or information required by the supervisor (or other authorised person).

      1. Reports or information required under subsection (1) may—

      2. be about any matter relevant to the performance of the supervisor's functions; and
        1. include forward-looking reports.

          1. The reports or information must be provided within the time and in the manner (which must be reasonable in the circumstances) specified by the supervisor.

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