Financial Markets Conduct Act 2013

Schedule 2: Registers

You could also call this:

"A list of important financial information, like a big book, that helps people find details about investments and financial products."

Illustration for Financial Markets Conduct Act 2013

The Financial Markets Conduct Act 2013 has a schedule called Registers. You can think of a register like a big book that stores information. The Act says there are two main registers: one for offers of financial products and one for managed investment schemes. These registers help people find information about financial products and schemes.

You can access these registers to get information about financial products and schemes. The Registrar is in charge of keeping the registers up to date and accurate. The Registrar can also give you a certified copy of the information on the register if you ask for it and pay a fee.

The registers contain important information like the name of the issuer, the kind of financial product being offered, and the status of the product disclosure statement. The Registrar must keep the registers in a way that makes it easy for people to access the information. You can search the registers to find specific information, but you must do it in a way that is allowed by the Act or the regulations.

If you want to lodge a document or give a notification to the Registrar, you must do it in the way specified by the Registrar. The Registrar can refuse to accept your document or notification if you don't follow the rules. The Registrar can also give notice to the public about changes to the information on the register.

The Registrar has the power to delegate their functions, duties, and powers to other people, but they must do it in writing and can revoke the delegation at any time. This means the Registrar can ask someone else to help with their job, but they are still responsible for making sure everything is done correctly.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 15 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4092497.

Topics:

Money and consumer rights > Banking and loansBusiness > Industry rulesBusiness > Fair trading

Schedule 1: Provisions relating to when disclosure is required and exclusions for offers and services, or

"Rules for sharing info about financial products"

Schedule 3: Schedule 3 schemes, or

"Rules for retirement savings plans that help one person"

2Registers Empowered by ss 6, 595

1Register of offers of financial products

A register called the register of offers of financial products is established.

Compare

1978 No 103 s 43N

2Purposes of register

The purposes of the register of offers of financial products are—
to give public notice of offers of financial products; and
to enable any person to—
1. obtain information contained in, or concerning, product disclosure statements; and
2. obtain other information about, or copies of documents relating to, offers of financial products; and
3. compare information about offers of financial products; and
to assist any person to decide whether or not to acquire financial products under an offer of financial products; and
to assist any person to give financial advice or to otherwise comment on an offer of financial products; and
to assist any person—
1. in the exercise of the person's powers under this Act or any other enactment; or
2. in the performance of the person's functions or duties under this Act or any other enactment.

Compare

1978 No 103 s 43O

Notes

Schedule 2 clause 2(d): amended, on 15 March 2021, by section 57 of the Financial Services Legislation Amendment Act 2019 (2019 No 8).

3Contents of register

The register of offers of financial products must contain all of the following information, to the extent that the information is relevant, for each regulated offer:
the name of the issuer and the issuer's financial service provider number (if any):
in the case of a sale offer, the name of the offeror and the offeror's financial service provider number (if any):
the name of any supervisor and the supervisor's financial service provider number (if any):
a copy of the PDS:
the name of the offer that is specified in the PDS and the offer number given by the Registrar on lodgement of the PDS:
the kind of financial product or products being offered (for example, an equity security, a debt security, a managed investment product, or a derivative):
the date of the PDS:
the status of the PDS (being a status that is determined and described in the prescribed manner):
any other prescribed information.

The register must contain any other prescribed information (whether or not relating to a regulated offer).
In this clause, financial service provider number, in relation to a person, is the number given to the person on the person's registration under the Financial Service Providers (Registration and Dispute Resolution) Act 2008.

4Register of managed investment schemes

A register called the register of managed investment schemes is established.

5Purposes of register

The purposes of the register of managed investment schemes are—
to give public notice of the registration of managed investment schemes; and
to enable any person to—
1. obtain information about, and copies of documents relating to, registered schemes; and
2. know how to contact the managers and supervisors of registered schemes; and
to assist any person—
1. in the exercise of the person's powers under this Act or any other enactment; or
2. in the performance of the person's functions or duties under this Act or any other enactment.

6Contents of register

The register of managed investment schemes must contain all of the following information, to the extent that the information is relevant, for each scheme:
the name of the scheme:
the type or types of scheme it is (if any) or any status that it has (and whether that applies to the scheme or in respect of a section of the scheme only) (for example, whether it is a KiwiSaver scheme, a superannuation scheme, a legacy scheme, a restricted scheme, a complying superannuation fund, or other type of scheme):
the name of each person who is a licensed manager or licensed supervisor of the scheme and an address for service in each case:
for a restricted scheme, the name of the licensed independent trustee:
any other prescribed information.

However, the register of managed investment schemes is not required to contain information in the prescribed circumstances.

7Registration directions by FMA

The Registrar must make the appropriate entry in the register of managed investment schemes (or not enter a matter in the register) in accordance with any direction—
made by the FMA that a scheme be registered or is not entitled to be registered, is or is not a particular type of registered scheme, or has or does not have any particular status; or
otherwise made by the FMA in the exercise of any other discretion under Part 4 that relates to, or affects, the register.

8Registrar may keep other registers

The Registrar may keep any other registers that he or she considers necessary for the purposes of this Act.

9Registers to be kept by Registrar

Each register established under this schedule (the register) must be kept by the Registrar in accordance with this schedule and the regulations.

10Operation of and access to registers

The register may—
be an electronic register; or
be kept in any other manner that the Registrar thinks fit.

The register must be operated at all times unless—
the Registrar suspends the operation of the register, in whole or in part, in accordance with subclause (3); or
otherwise provided in regulations.

The Registrar may refuse access to the register or otherwise suspend the operation of the register, in whole or in part, if the Registrar considers that it is not practical to provide access to the register.

11Amendments to registers

The Registrar may amend the register if—
an issuer or the FMA informs the Registrar of information that is different from the information entered on the register; or
the Registrar is satisfied at any time that the register contains a typographical error or a mistake, or omits information supplied to the Registrar.

The Registrar must amend the register if the regulations require the Registrar to do so in circumstances specified by the regulations.

Compare

1978 No 103 s 43R

12Search of register

A person may search the register in accordance with this Act or the regulations.
The register may be searched only by reference to the contents of the register required by this schedule or any other prescribed criteria.
A search of the register may be carried out only by the following persons for the following purposes:
a person, for a purpose referred to in clause 2 or 5 or, in the case of a register kept under clause 8, a prescribed purpose:
a person, for the purpose of advising another person in connection with any of the purposes referred to in this subclause:
an individual, or a person with the consent of the individual, for the purpose of searching for information about that individual.

A person who searches the register for personal information in breach of this clause must be treated, for the purposes of Parts 5 and 6 of the Privacy Act 2020, as having breached an information privacy principle under section 69(2)(a)(i) of that Act.

Compare

1978 No 103 s 43S

Notes

Schedule 2 clause 12(4): replaced, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

13Lodging or giving documents or otherwise notifying Registrar

If a document or notification required by or for the purposes of this Act must or may be lodged with or given to the Registrar, the document or notification must be lodged or given in the manner specified by the Registrar (who, for example, may specify a form to be used or require notification by electronic means, or may specify any of the matters referred to in section 548(1)(p)(i) to (iv)).
The Registrar may refuse to perform or exercise a function, power, or duty in relation to the document or notification if subclause (1) is not complied with.

Notes

Schedule 2 clause 13(1): amended, on 9 August 2017, by section 96 of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).

14Certificate of lodgement or registration

The Registrar must, on the lodgement of a PDS, give a certificate of the lodgement (and the certificate is conclusive evidence that the PDS has been lodged).
The Registrar must, on the registration of a managed investment scheme, give a certificate of the registration (and the certificate is conclusive evidence that the scheme has been registered).
The certificate must, in the case of a PDS, specify an offer number for the regulated offer.

Compare

1978 No 103 s 42(3), (4)

15When documents are lodged

A document is lodged when—
the document is constituted as part of the register; or
particulars of the document are entered in the register.

However, if the document does not relate to an offer for which there is or will be a register entry, the document is lodged when it is received by the Registrar.

16Registrar may give notice of lodgement or notification of changes

If a document or notification is lodged with or given to the Registrar under this Act, the Registrar may, in any manner that the Registrar thinks fit, give notice of the lodgement or notification to any person or class of persons or to the public generally.
The Registrar may, in any manner that the Registrar thinks fit, give notice to any person or class of persons or to the public generally of any changes in the information kept in a register.

17Certified copy of information on register

The Registrar must provide a copy, or a certified copy, of any information on a register to any person who applies for it and pays the prescribed fee (if any).
A certified copy of information on a register purporting to be signed by the Registrar is conclusive evidence for all purposes that the information in the certified copy has been duly entered in the register.

18Power of Registrar to delegate

The Registrar may delegate to any person, either generally or particularly, any of the Registrar's functions, duties, and powers under this Act except the power of delegation.
A delegation—
must be in writing; and
may be made subject to any restrictions and conditions the Registrar thinks fit; and
is revocable at any time, in writing; and
does not prevent the performance or exercise of a function, duty, or power by the Registrar.

A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
A person who appears to act under a delegation is presumed to be acting in accordance with the terms of the delegation in the absence of evidence to the contrary.