Consultation paper: Financial Markets Conduct Act exemptions

 

First published 13 March 2015

 

Final date for submissions

 

Thursday 2 April 2015 at 5pm
(this consultation has concluded)

Consultation paper Consultation paper: Financial Markets Conduct Act exemptions
Submission form Feedback form
E-mail for submission consultation@fma.govt.nz (please use the title of the consultation paper for the subject line and your entity name)

We sought comments on matters we believe should receive support through the FMA’s legislative tools, but for which we have yet to develop policy proposals.

The offer and management of most financial products will fall under the standard ‘regulated offer’ regime or within the Schedule 1 statutory exclusions of the Financial Markets Conduct Act 2013 (FMC Act).  However there are a few matters where the FMC Act may need to use class exemptions, frameworks, or methodologies and designations (the FMA’s legislative tools).

We are looking for preliminary comments on the treatment of the following 10 matters:

  1. offers under foreign regimes
  2. recognition of overseas audit regimes
  3. charities raising funds by debt securities
  4. funds raised through venture capital schemes
  5. communal facilities offered with real property
  6. interests in legal entities established for managing costs and providing services
  7. racing livestock ownership syndicates
  8. pre-payment facilities
  9. small co-operatives, and
  10. employee share purchase schemes

We want you feedback on the above matters by 2 April 2015.

This paper also provides a summary of the other issues already being considered for legislative support and the FMA’s proposed solutions.  If you want to be further consulted on these matters as we finalise the solutions, please let us know by Friday 20 March 2015.

How do I make a submission?

Please use this feedback form to record your input. All feedback should be submitted to consultation@fma.govt.nz with the subject line: FMC Act class exemption development: [Your entity name]