1. Compliance
  2. Financial reporting
  3. Your obligations

Your obligations

 

All FMC reporting entities must prepare their financial statements in line with the requirements in Part 7 of the FMC Act.

As an FMC reporting entity, you must do all of the following:

  • keep proper accounting records to help you prepare compliant financial statements — records must be kept in English and a copy must be kept in NZ
  • prepare financial statements for your group's operations — those financial statements must comply with generally accepted accounting practice in NZ
  • have your financial statements audited by a licensed auditor or registered audit firm
  • lodge your financial statements and the auditor’s report on them with the Companies Office within 4 months after your balance date.

If you are a manager of one or more registered schemes, you will also need to prepare, have audited and lodge financial statements:

  • for each scheme and
  • for each separate funds within each scheme.

If you are an FMC reporting entity at any point during an accounting period, you are required to comply with these requirements for the full accounting period.

Many of the requirements for FMC reporting entities are similar to those for issuers under the Financial Reporting Act 1993. Some of those key changes are:

Key changes

  Under Financial Reporting Act Under Financial Markets Conduct Act
Entities with subsidiaries Have to prepare both parent entity and group financial statements. Do not have to prepare parent entity financial statements if they have subsidiaries – they will only need to prepare financial statements for their group.
Time frames 5 months for preparation and audit with an additional 20 working days for lodgement. 4 months for preparation, audit and lodgement.
Overseas companies use of GAAP Allowed to use financial statements prepared under overseas GAAP if considered equivalent to NZ GAAP by the Companies Registrar. Not allowed to use financial statements prepared under overseas GAAP – unless specified in an exemption notice.
Public accountability designation All issuers are considered are publicly accountable and must report using full NZ GAAP eg, NZ IFRS. FMC reporting entities will be designated as having higher public accountability or not.  Those that do not have higher public accountability may be able to report using reduced disclosure standards.

Additional obligations for overseas companies that are FMC reporting entities

If you are a company incorporated outside New Zealand, you will also need to prepare, have audited and lodge financial statements for your New Zealand business (if any) that complies with generally accepted accounting practice in New Zealand. 

Exemptions

We can vary the reporting obligations of FMC reporting entities using our exemption and public accountability designation power.  

For example, we have put in place exemptions that provide for:

For more details or to see if you qualify, see our exemptions page.