Financial Markets Conduct Act 2013

Dealing in financial products on markets - Licensing of markets for trading financial products - Control limits on licensed market operators

345: Control limit not to be exceeded

You could also call this:

"Don't own or control more of a company than the rules allow"

Illustration for Financial Markets Conduct Act 2013

You cannot hold or control more voting rights in a company than the control limit set by regulations made under section 344, unless you have approval under section 347. If someone you are associated with holds voting rights, those rights are treated as if you hold them. You are allowed to keep voting rights you already held in a company before the control limit was put in place or changed.

You must follow the control limit rules when you hold or control voting rights in a company. Voting rights are like votes that decide what a company does, and control limits are like rules that say how many votes one person can have. The rules about control limits are made under section 344 and there are exceptions, like getting approval under section 347.

If you had voting rights in a company before the control limit was imposed or decreased, you can still keep those rights. This means you do not have to get rid of voting rights you already had, but you cannot get more than the control limit allows. The control limit rules are in place to make sure one person does not have too much control over a company.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091506.


Previous

344: Power to impose control limits on licensed market operators, or

"Rules to stop one person controlling too much of a financial company"


Next

346: Effect of exceeding control limit, or

"What happens if you break the rules about controlling a company"

Part 5Dealing in financial products on markets
Licensing of markets for trading financial products: Control limits on licensed market operators

345Control limit not to be exceeded

  1. No person may hold or control voting rights in a body corporate that exceed any control limit for that body corporate that applies under regulations made under section 344, except in accordance with an approval under section 347.

  2. For the purposes of this section, voting rights held or controlled by an associated person of a person must be treated as voting rights held or controlled by that person.

  3. Subsection (1) does not apply to any voting rights in a body corporate held or controlled by a person to the extent that those rights were held or controlled by that person before the control limit was imposed or decreased, as the case may be.

Compare