Financial Markets Conduct Act 2013

Regulations, transitional provisions, and miscellaneous provisions - Regulations

553: Miscellaneous provisions relating to implied provisions

You could also call this:

"Rules about implied provisions in agreements that override what's written"

Illustration for Financial Markets Conduct Act 2013

If a provision is implied into a deed or an agreement under this Act, it applies even if the deed or agreement says something different. You can enforce this provision if you are a party to the deed or agreement, or if it gives you a benefit. However, this provision may not apply if the FMA has exempted someone from following it under subpart 2.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5155279.


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552A: Validation of fees used to recover costs of other Companies Office registers, etc, or

"Fees you pay to the Companies Office are valid and help cover costs of other services."


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554: Regulations or exemptions may require compliance with generally accepted accounting practice, standards, frameworks, or FMA methodologies, or

"Some accounting rules must be followed, like standards and practices, when reporting finances."

Part 9Regulations, transitional provisions, and miscellaneous provisions
Regulations

553Miscellaneous provisions relating to implied provisions

  1. Any provision that is implied into a deed or an agreement by or under this Act—

  2. applies despite anything to the contrary in the deed or agreement; and
    1. is enforceable by the parties to the deed or agreement and by any person on whom the provision confers, or purports to confer, a benefit; but
      1. applies subject to any exemption from compliance with that provision by the FMA under subpart 2.