The FMC Act offer regime is simpler and more efficient than the previous Securities Act regime. Most issuers and offerors will be able to make offers under either:
However in some cases businesses may encounter difficulties offering financial products. In those circumstances, an exemption from a regulatory or disclosure requirement may be appropriate. For example:
If you think there may be a basis for relief from the standard regulated offers regime, and that is not provided for by a Schedule 1 exclusion, consider:
Can you rely on a current exemption?
Are you interested in an exemption under consideration by the FMA?
See our Consultation section or read our Regulatory update to find out more on the work we are doing to support businesses with FMC Act matters. In some cases, as we may be in the process of finalising any exemptions. If you cannot see an update please contact us at email@example.com
Do you have a sound basis to apply for a new exemption?
We have wide powers to exempt persons (or types of persons) or transactions (or types of transactions) from some requirements in the FMC Act and associated regulations. Any exemptions we grant must promote one or more of the purposes of the FMC Act regime:
Additionally, the extent of the exemption must not be broader than necessary to address the matters than gave rise to it.