Financial Markets Conduct Act 2013

Licensing and other regulation of market services - Issue of licences, conditions, and duration

393: Principles guiding the exercise of FMA powers

You could also call this:

"Rules to help the Financial Markets Authority make fair decisions"

Illustration for Financial Markets Conduct Act 2013

When the Financial Markets Authority (FMA) makes a decision about market services, they must follow some guiding principles. The FMA must only use their power if it is necessary or desirable to promote certain purposes, such as those specified in section 3 or section 4. The FMA should also consider other specific purposes, like those mentioned in section 448B for financial benchmark administrators, or section 431B for financial advice services.

The FMA should not stop people from getting a licence unless they really need to. They must be careful not to restrict licensing unnecessarily.

The FMA's power is guided by these principles to ensure they make fair decisions about market services.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091570.


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Part 6Licensing and other regulation of market services
Issue of licences, conditions, and duration

393Principles guiding the exercise of FMA powers

  1. In exercising a power under this subpart, the FMA must be guided by the following principles:

  2. exercising the power must be necessary or desirable in order to promote 1 or more of the following:
    1. either or both of the main purposes specified in section 3:
      1. any of the additional purposes specified in section 4:
        1. 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:
          1. in the case of financial advice services, the additional purpose in section 431B; and
          2. 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).