Financial Markets Conduct Act 2013

Licensing and other regulation of market services - Regulation of client money or property services - Persons acting in course of business of employers or principals

431ZI: Who is responsible for obligations

You could also call this:

"Who's in charge of following the rules when someone does work for another business?"

Illustration for Financial Markets Conduct Act 2013

When you provide a client money or property service for someone else's business, the business owner is responsible for meeting the obligations, not you. The business owner has to follow the rules, even if you are the one doing the work. This rule does not change what happens if you or the business owner do something wrong under a different law or rule. You can find more information about this by looking at the Financial Markets Conduct Act 2013 and the Financial Services Legislation Amendment Act 2019. If someone else's actions affect you, their actions can still have consequences under other laws or rules.

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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=LMS465993.


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431ZH: Protection of client money and client property held on trust, or

"Your money and property are safe when someone looks after it for you."


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431ZJ: Application of Trusts Act 2019, or

"Rules for trusts set up for a specific purpose, and what parts of the Trusts Act 2019 do not apply"

Part 6Licensing and other regulation of market services
Regulation of client money or property services: Persons acting in course of business of employers or principals

431ZIWho is responsible for obligations

  1. If a client money or property service is provided by a person (A) on behalf of the business of another person (B), B (and not A) is treated as the provider of the service having the obligations under this subpart.

  2. This section does not affect the liability of A or B under any other Act or rule of law for A’s actions.

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