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Financial Markets Conduct Act 2013

Dealing in financial products on markets - Unsolicited offers to purchase financial products off-market

384: Protection from liability in connection with unsolicited offer provisions

You could also call this:

"Protection from blame when you follow the rules about unexpected offers"

Illustration for Financial Markets Conduct Act 2013

If you are a person who is stated by regulations made under section 382 to be a protected person, and you are not breaking any rules about unsolicited offers, then this section applies to you. You are protected from being liable for something you do or do not do, if you do it in good faith. The regulations made under section 382 must say that what you did or did not do is a protected act or omission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091558.

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383: Specific provisions for regulations concerning unsolicited offers, or

"Rules for dealing with financial offers you didn't ask for"

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385: Part 5 market provisions, or

"Rules for buying and selling financial products on markets"

Part 5Dealing in financial products on markets
Unsolicited offers to purchase financial products off-market

384Protection from liability in connection with unsolicited offer provisions

  1. This section applies to any person who—

  2. is stated by regulations made under section 382 to be a protected person for the purposes of this section; and
    1. is not in contravention of an unsolicited offer provision or exemption.

      1. A person to whom this section applies is not liable for any act done or omitted to be done by that person in good faith if the act or omission is stated by regulations made under section 382 to be a protected act or omission for the purposes of this section.

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