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Financial Markets Conduct Act 2013

Governance of financial products - Governance of managed investment products - Registration

126: Application for registration

You could also call this:

"How to register a managed investment scheme with the Registrar"

Illustration for Financial Markets Conduct Act 2013

You can apply to the Registrar to register a managed investment scheme. You must make the application in the prescribed manner and include the written consent of the scheme's manager and supervisor. You also need to provide a copy of the scheme's governing document and a certificate stating the scheme complies with the registration requirements under section 127(1)(b) to (f).

If you are applying for a particular type of scheme registration under sections 128 to 132, you must state this and meet any extra requirements. You will also need a certificate from the FMA stating they are satisfied the scheme meets the extra requirements for that type of scheme. The Registrar will register the scheme if they are satisfied your application meets all the requirements.

The Registrar checks your application against the rules in this section and section 127(1)(a), considering clause 7 of Schedule 2. You need to make sure you follow all the rules when you apply to register a managed investment scheme. The Registrar will register your scheme if everything is in order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091111.

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Part 4Governance of financial products
Governance of managed investment products: Registration

126Application for registration

  1. A person may apply to the Registrar for registration of a managed investment scheme.

  2. The application must—

  3. be made in the prescribed manner; and
    1. be accompanied by the written consent to the registration of the manager and supervisor of the scheme; and
      1. contain a copy of the governing document for the scheme; and
        1. contain a certificate from the manager and supervisor of the scheme to the effect that the scheme complies with the registration requirements for schemes that apply to it under section 127(1)(b) to (f) on the basis set out in the certificate; and
          1. if the application is for registration as a particular type of scheme under sections 128 to 132,—
            1. state that fact; and
              1. comply with any additional prescribed requirements for applications for that type of registration; and
                1. contain a certificate from the FMA that it is satisfied that the scheme complies with any additional registration requirements for that type of scheme that apply to it under those sections.

                2. The Registrar must register a managed investment scheme if satisfied that the application meets the requirements of this section and section 127(1)(a) (subject to clause 7 of Schedule 2).