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Enforcement actions

Through our investigation and enforcement activities we aim to raise standards of behaviour, deter misconduct, and hold to account those whose conduct harms the fair, efficient and transparent operation of our financial markets. There are four principles that underpin our approach to enforcement, supported by our enforcement policy

Find out more about our enforcement and court decisions below.

Financial Advisers Disciplinary Committee 

The Financial Advisers Disciplinary Committee (FADC) is responsible for conducting disciplinary proceedings arising from complaints about AFAs relating to alleged breaches of the Code of Professional Conduct. For details on FADC decisions please refer to the Financial Advisers Disciplinary Committee website.

Orders

We have access to a range of powers and remedies that do not require litigation. These powers and remedies allow us to respond to misconduct or potential harm more immediately than litigation would allow, and to also respond to a wider range of misconduct or potential harm. Review recent orders issued.

Settlement agreements

We have the authority and mandate to settle a case we have commenced. This may occur where we consider the terms of settlement will satisfy our regulatory purpose and where it is in the interest of investors and the wider public to do so. See all settlement agreements here.

Undertakings

Enforceable undertakings are written undertakings by parties that have been accepted by the FMA under section 46 of the Financial Markets Authority Act 2011. They are enforceable by the Court if a party fails to fulfil the undertaking. See all undertakings here

Infringement notices 

Through direct engagement, we can achieve corrective action and protect investors from potential harm. Issuing infringment notices is a form of direct engagement. 

Management bans and undertakings of non-participation

We maintain a list of individuals who are precluded from engaging in certain activities in respect of the governance and/or management of companies as a consequence of action taken by the FMA. See all management bands and undertakings of non-participation here.

AFA cancellations, terminations and suspensions

We publish information on AFA cancellations, terminations and suspensions. This information is for public use.  See all here.