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Financial Markets Conduct Act 2013

Dealing in financial products on markets - Operation of licensed markets

356: Waiver of notification and disclosure obligations

You could also call this:

"When the Financial Markets Authority can let you off from following some rules about sharing information"

Illustration for Financial Markets Conduct Act 2013

If you are dealing in financial products on markets, there are rules you must follow about telling the Financial Markets Authority (FMA) things and giving them information. But the FMA can choose not to make you follow these rules if they decide to waive their right to get notices or information from you. They can also agree with the person running the market to change how or when you give them notices or information.

The FMA can decide to waive their entitlement to notices or information, or they can agree on a different way for you to notify them.

If the FMA decides to waive something or agrees on a different way of doing things, they must put it in writing, you can find more information about this in the Financial Markets Authority rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091520.

Topics:
Money and consumer rights > Banking and loansBusiness > Industry rulesBusiness > Fair trading
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355: Licensed market operator must ensure FMA has access to real-time trading and other information, or

"Licensed market operators must share real-time trading info with the Financial Markets Authority."

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357: Licensed market operator must give FMA or Takeovers Panel other information and assistance on request, or

"Licensed market operators must help the FMA or Takeovers Panel with information and access when asked."

Part 5Dealing in financial products on markets
Operation of licensed markets

356Waiver of notification and disclosure obligations

  1. Sections 352 to 355 do not apply to the extent that the FMA—

  2. waives its entitlement to any notice or information or class or classes of notices or information; or
    1. agrees with the licensed market operator a different time, form, or method of notification or disclosure.

      1. A waiver or an agreement under this section must be in writing.

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