Part 6Licensing and other regulation of market services
Issue of licences, conditions, and duration
393Principles guiding the exercise of FMA powers
In exercising a power under this subpart, the FMA must be guided by the following principles:
- exercising the power must be necessary or desirable in order to promote 1 or more of the following:
- either or both of the main purposes specified in section 3:
- any of the additional purposes specified in section 4:
- in the case of a market services licence to act as an administrator of a financial benchmark, either or both of the additional purposes specified in section 448B:
- in the case of financial advice services, the additional purpose in section 431B; and
- either or both of the main purposes specified in section 3:
- in exercising the power, the FMA should not unnecessarily restrict the licensing of persons.
Notes
- Section 393(a): replaced, on , by section 38 of the Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Act 2019 (2019 No 46).
- Section 393(a)(iv): inserted, on , by section 19 of the Financial Services Legislation Amendment Act 2019 (2019 No 8).


