Financial Markets Conduct Act 2013

Financial reporting - Overview, application, and interpretation

453: Recipients of money from conduit issuers

You could also call this:

"Getting money from someone who sells financial products to raise funds"

Illustration for Financial Markets Conduct Act 2013

You are considered a recipient of money from a conduit issuer if you are connected to another person who raises money by issuing financial products. This can happen through a regulated offer or an offer that is allowed because of an exclusion in the Schedule 1 rules. The money must be raised as part of an agreement where most of it is given to you, or to you and others connected to you, and the amount given to you must be at least 10% of the total money raised. The money given to you also must not have been repaid or returned to the person who raised it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4702245.


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Part 7Financial reporting
Overview, application, and interpretation

453Recipients of money from conduit issuers

  1. In section 451, a person (A) is a recipient of money from a conduit issuer if—

  2. A is an associated person of another person (the conduit issuer); and
    1. the conduit issuer raises an amount of money by the issue of financial products under—
      1. a regulated offer; or
        1. an offer made, in the prescribed circumstances, in reliance upon an exclusion in Schedule 1; and
        2. that money is raised as part of an agreement under which 75% or more of that money is provided, directly or indirectly and whether by 1 transaction or a series of transactions, for the use of—
          1. A; or
            1. A and 1 or more third persons that are associated persons of A; and
            2. the money that is provided to A under paragraph (c) is 10% or more of the money that is raised under paragraph (b); and
              1. all or part of the money that is provided under paragraph (c) has not yet been repaid or returned to the conduit issuer.
                Compare
                Notes
                • Section 453: replaced, on , by section 48 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).