Financial Markets Conduct Act 2013

Licensing and other regulation of market services - Requirement for certain services to be provided under client agreements

430: Need for client agreement

You could also call this:

"Companies helping you invest must have an agreement with you before they start."

Illustration for Financial Markets Conduct Act 2013

When you get a service from a company that helps you invest, they must have an agreement with you. This agreement is called a client agreement and it covers the service they provide to you. You and the company must agree on this before they start helping you with your investments.

The client agreement must be in place at a certain time, depending on the type of service you are getting. If you are getting a service where the company makes investment decisions for you, the agreement must be in place before they start making those decisions. If you are buying a special kind of investment called a derivative, the agreement must be in place before you get the derivative.

If you are getting a different kind of service from a company, the agreement must be in place at the time that is specified for that service. The company must make sure the agreement is in place, so you can be sure you understand what they will do for you. You should have a clear understanding of what the company will do and what you can expect from them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4702236.


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429: Application of subpart, or

"Rules for people with a licence to provide investment services"


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431: Contents, form, and effect of client agreement, or

"What a client agreement with an investment company must include and how it works"

Part 6Licensing and other regulation of market services
Requirement for certain services to be provided under client agreements

430Need for client agreement

  1. The licensee or authorised body that provides the service to an investor must ensure that there is a client agreement governing that service.

  2. The client agreement must be entered into,—

  3. in the case of a discretionary investment management service, at the same time as or before the investment authority is granted by the investor; and
    1. in the case of a derivative offered under a regulated offer, before the derivative is issued to the investor; and
      1. in the case of a prescribed intermediary service, at the prescribed time.