Financial Markets Conduct Act 2013

Licensing and other regulation of market services

386: Overview

You could also call this:

"A guide to the rules for people who provide financial services in New Zealand"

Illustration for Financial Markets Conduct Act 2013

This part of the law is about licensing market services. You need to know which market service providers must be licensed and which ones can be licensed. This is explained in subpart 1. The law also deals with issuing licences, their conditions, and when they expire or are cancelled, which is in subpart 2. There are rules to monitor and enforce these licences, which are in subpart 3.

The law requires people to tell investors about certain services, which is in subpart 4. It also says there must be agreements between clients and providers for certain services, which is in subpart 5. There are special rules for giving financial advice, which is in subpart 5A, and for people who look after clients' money or property, which is in subpart 5B.

Some services, like managing investments, are regulated, which is in subpart 6. There are also rules for financial institutions, which is in subpart 6A. The law says how derivatives issuers must handle investors' funds and property, which is in subpart 7, and there are extra rules for people who administer financial benchmarks, which is in subpart 7A.

Finally, the law explains what happens if someone breaks these rules, which is in subpart 8. This section is just a guide to help you understand the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091562.


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"Rules for buying and selling financial products on markets"


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387: Territorial scope for licensing and other regulation of certain market services, or

"Rules for financial services in New Zealand, even if they come from outside the country."

Part 6Licensing and other regulation of market services

386Overview

  1. This Part provides for the licensing of market services and regulates the provision of market services by licensees and other persons as follows:

  2. subpart 1 determines which market service providers must be licensed, and which other providers of market services may be licensed:
    1. the issue of those licences, their conditions, and their expiry or cancellation are dealt with in subpart 2:
      1. subpart 3 provides for the monitoring and enforcement of those licences:
        1. subpart 4 provides for disclosure to investors about certain services:
          1. subpart 5 requires there to be client agreements for certain services:
            1. subpart 5A regulates the giving of financial advice and the provision of financial advice services:
              1. subpart 5B provides disclosure and conduct obligations for providers of client money or property services:
                1. subpart 6 regulates the provision of retail discretionary investment management services under a licence and the provision of related custodial services by a custodian:
                  1. subpart 6A regulates the conduct of financial institutions:
                    1. subpart 7 provides for the making of regulations on the holding and application of investors' funds and property by derivatives issuers (whether or not they are licensed or are making regulated offers of derivatives):
                      1. subpart 7A provides for additional purposes relating to licences to act as an administrator of a financial benchmark, and additional powers in respect of licensees, authorised bodies, or contributors to financial benchmarks:
                        1. subpart 8 identifies the civil liability provisions under this Part.
                          1. This section is a guide only to the general scheme and effect of this Part.

                          Notes
                          • Section 386(1)(ea): inserted, on , by section 13 of the Financial Services Legislation Amendment Act 2019 (2019 No 8).
                          • Section 386(1)(eb): inserted, on , by section 13 of the Financial Services Legislation Amendment Act 2019 (2019 No 8).
                          • Section 386(1)(fa): inserted, on , by section 6 of the Financial Markets (Conduct of Institutions) Amendment Act 2022 (2022 No 36).
                          • Section 386(1)(ga): inserted, on , by section 36 of the Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Act 2019 (2019 No 46).