Financial Markets Conduct Act 2013

Licensing and other regulation of market services - Regulation of client money or property services - Obligations for handling client money and client property

431ZC: Provider must pay client money into separate trust account and hold client property on trust

You could also call this:

"Providers must keep clients' money and property safe in a separate trust account."

Illustration for Financial Markets Conduct Act 2013

If you are a provider who gets money or property from a client, you must hold it on trust for the client. You must put the client's money into a special bank account in New Zealand, which is just for client money. This account is called a trust account. You must keep the client's money and property separate from your own money and property. If you do not keep the client's money and property separate, it may be treated as client money or property, or you may need to separate it. You must follow any rules about holding client money and property on trust.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS465983.


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431ZB: Provider must not receive client money if offer contravenes Act or regulations, or

"Don't pay a provider if their product doesn't follow the law."


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431ZD: Provider must account for client money and client property, or

"Keep track of other people's money and things, and tell them what's happening with it."

Part 6Licensing and other regulation of market services
Regulation of client money or property services: Obligations for handling client money and client property

431ZCProvider must pay client money into separate trust account and hold client property on trust

  1. A provider who receives client money or client property, as part of a client money or property service,—

  2. must hold the client money or client property, or ensure the client money or client property is held, on trust for the client; and
    1. must ensure that the client money is paid promptly into a bank in New Zealand (or into any other prescribed entity) to—
      1. a trust account of the provider or of a related body corporate specified in the regulations; or
        1. if section 445 applies, a trust account of a person permitted to hold the money under that section.
        2. A provider must ensure that the client money and client property are held separate from money or property held by or for the provider, or other person referred to in subsection (1)(b)(i) or (ii), on its own account.

        3. However,—

        4. subsection (2) does not apply in the prescribed circumstances; and
          1. money or property that is not held separate from client money or client property—
            1. must be treated as client money or client property for all or any purposes if the regulations so provide:
              1. must be separated from client money or client property if required by the regulations or may be so separated if permitted by the regulations.
              2. A provider must comply with any prescribed duties and other requirements in relation to the client money and client property held on trust under this section.

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              Notes
              • Section 431ZC: inserted, on , by section 29 of the Financial Services Legislation Amendment Act 2019 (2019 No 8).