Financial Markets Conduct Act 2013

Preliminary provisions - Interpretation

10: Miscellaneous matters relating to definition of derivative

You could also call this:

"Other things to think about when deciding what a derivative is"

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When you are trying to understand what a derivative is, you need to consider some specific rules. You should look at the agreement that deals with the purchase and sale, and section 8(4)(d) only applies to that part of the agreement. If an agreement says one person must buy something and the other person must sell it, it is not automatically a derivative just because the price might change based on a general inflation index, like the Consumers Price Index.

If an agreement includes a condition that changes the price based on an inflation index, it is still not a derivative, but you must also consider section 8(5)(a). This means that even if an agreement seems like it might be a derivative because of the inflation index, it is not one unless it meets other conditions. You have to look at the whole agreement and all the relevant rules to decide if it is a derivative or not.

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Part 1Preliminary provisions
Interpretation

10Miscellaneous matters relating to definition of derivative

  1. Section 8(4)(d) applies only to the extent that the agreement deals with the purchase and sale referred to in that paragraph.

  2. An agreement under which one party has an obligation to buy, and the other has an obligation to sell, property is not a derivative merely because the agreement provides for the consideration to be varied by reference to a general inflation index (for example, the Consumers Price Index (All Groups) published by Statistics New Zealand).

  3. Subsection (2) is subject to section 8(5)(a).