Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - FMA's enforcement powers - Direction orders

469: Terms of direction orders

You could also call this:

"What to do when you're given a direction order to follow the law"

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A direction order tells you what you must do. You may be told to follow a specific rule or law, like the one mentioned in section 468. You might have to take steps to fix a problem or stop something bad from happening. This could include telling people information, publishing a statement to correct something, or not saying certain things.

If you are a financial adviser, you might be told to do something because you did not follow the rules in sections 431I to 431P. You might have to stop giving financial advice or you might not be allowed to give advice for a certain amount of time. The Registrar might also be told to remove your name from a list of financial advisers.

There are special rules for some people, like Lloyd's or a Lloyd's underwriter. If they do not follow the rules, like the one in section 449A, they might be told to stop doing something. They might not be allowed to use a special exemption, like the one in section 389(4)(a). You might be told to report back to the FMA to say how you have followed the direction order.

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Part 8Enforcement, liability, and appeals
FMA's enforcement powers: Direction orders

469Terms of direction orders

  1. A direction order may—

  2. direct the relevant person to comply with the relevant provision referred to in section 468 (the provision):
    1. stipulate any reasonable steps that the relevant person must take in order to comply with the provision or to avoid or mitigate any actual or potential adverse effects of a contravention, including (without limitation)—
      1. disclosing, in accordance with the order, information for the purpose of securing compliance with the provision:
        1. publishing, at the relevant person's own expense and in the manner and at the times specified in the order, corrective statements that are specified in, or are to be determined in accordance with, the order:
          1. complying in accordance with the order with a prohibition or restriction on the making of any statement or the distribution of any document by, or on behalf of, the relevant person for the purpose of preventing a contravention or further contravention of the provision:
          2. in the case of section 468(1)(j), prohibit the relevant person from relying on the exemption:
            1. require the relevant person to report to the FMA within the time specified in the order stating how and when the order has been or will be implemented.
              1. If the FMA is satisfied that the relevant person (A) is a financial adviser who, by engaging in any conduct, has contravened, or is likely to contravene, any of sections 431I to 431P, a direction order may do 1 or more of the following (whether or not in addition to an order under subsection (1)):

              2. direct the Registrar to deregister A under the Financial Service Providers (Registration and Dispute Resolution) Act 2008 (the FSP Act):
                1. direct the Registrar to—
                  1. deregister A under the FSP Act; and
                    1. prevent A for a specified period from being reregistered for a financial advice service under the FSP Act:
                    2. direct the Registrar to suspend A's registration under the FSP Act for a period of no more than 12 months or until A meets specified conditions relating to the registration (but, in any case, not for a period of more than 12 months).
                      1. Subsection (4) applies if the FMA is satisfied that—

                      2. the relevant person is Lloyd’s or a Lloyd’s underwriter, and that, by engaging in any conduct, the relevant person has contravened, or is likely to contravene, section 449A; or
                        1. the relevant person is a Lloyd’s managing agent who, by engaging in any conduct, has contravened, or is likely to contravene,—
                          1. section 449A; or
                            1. any provision of subpart 6A of Part 6 (as applied under section 446V).
                            2. A direction order may do any of the following (whether or not in addition to an order under subsection (1)):

                            3. in the case of a contravention, or likely contravention, by Lloyd’s, prohibit all or any Lloyd’s underwriters from relying on the exemption in section 389(4)(a):
                              1. in the case of a contravention, or likely contravention, by a Lloyd’s underwriter, prohibit the Lloyd’s underwriter from relying on the exemption in section 389(4)(a):
                                1. in the case of a contravention, or likely contravention, by a Lloyd’s managing agent who acts for 1 or more Lloyd’s underwriters, prohibit all or any of those Lloyd’s underwriters from relying on the exemption in section 389(4)(a).
                                  Notes
                                  • Section 469(2): inserted, on , by section 36 of the Financial Services Legislation Amendment Act 2019 (2019 No 8).
                                  • Section 469(3): amended, on , by section 16 of the Financial Markets (Conduct of Institutions) Amendment Act 2022 (2022 No 36).
                                  • Section 469(4): amended, on , by section 16 of the Financial Markets (Conduct of Institutions) Amendment Act 2022 (2022 No 36).