Financial Markets Conduct Act 2013

Disclosure of offers of financial products - Procedure for making regulated offers - Disclosure to investors

56: Director not liable if no misconduct or negligence

You could also call this:

"Directors are not to blame if they did nothing wrong and did their job properly."

Illustration for Financial Markets Conduct Act 2013

If you are a director, you are not liable for something if you can prove you did not do anything wrong or neglect your duties. This is in relation to not repaying money as required under section 55(1)(b) or (2)(c). You must show that the mistake was not your fault to avoid being liable.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4702188.


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55: Offeror obligations if notice of withdrawal given, or

"What happens if you change your mind about a financial product and want your money back?"


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57: Disclosure of material information and content of PDS and register entry, or

"Telling people important information when selling financial products"

Part 3Disclosure of offers of financial products
Procedure for making regulated offers: Disclosure to investors

56Director not liable if no misconduct or negligence

  1. A director is not liable under section 55(1)(b) or (2)(c) if he or she proves that the default in the repayment of the money was not due to any misconduct or negligence on his or her part.