Guidance library

Found 134 results. Displaying page 1 of 7

1. • FMC Act
   • Issuers and offers

   1 November 2018

   Determining whether you are acquiring a business or assets

   Under the Financial Markets Conduct Regulations 2014 (the Regulations), issuers making regulated offers of debt and equity securities are required to provide investors with a Product Disclosure Statement (PDS) that contains prescribed financial information for recent or proposed business acquisitions. This guidance sets out our view of what constitutes a ‘business’ for these purposes, as opposed to an asset. It also sets out additional information issuers should consider disclosing for asset acquisitions.

   181101 Determining whether you are acquiring a business or assets

   https://fma.govt.nz/compliance/guidance-library/determining-whether-you-are-acquiring-a-business-or-assets/

2. • AML/CFT
   • Financial advice
   • Supervisors

   1 October 2018

   Class exemptions for managing intermediaries

   A ministerial class exemption has been granted relating to customer due diligence obligations for managing intermediaries, under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. The exemption comes into force from 3 July, 2015. This information sheet helps reporting entities understand it.

   181001 Information sheet: class exemptions for managing intermediaries

   https://fma.govt.nz/compliance/guidance-library/class-exemptions-for-managing-intermediaries/

3. • Corporate governance
   • Financial reporting
   • Issuers and offers

   13 September 2018

   The essentials of being a director

   This guide is intended to provide company directors and prospective directors with a quick reference and overview of some of the key things they should think about.

   The essentials of being a director

   https://fma.govt.nz/compliance/guidance-library/the-essentials-of-being-a-director/

4. • AML/CFT

   30 August 2018

   AML/CFT staff training video

   We have produced this short video on AML to help our reporting entities understand how they can meet their obligation of training new and existing staff.

   https://fma.govt.nz/compliance/guidance-library/amlcft-staff-training-video/

5. • FMC Act
   • Issuers and offers
   • Managed investments

   16 July 2018

   Guidance on the exemption from the market index requirement

   The exemption applies to the manager of a fund that invests, in whole or in part, in assets that do not have an appropriate market index.

   180716 Guidance on the exemption from the market index requirement

   https://fma.govt.nz/compliance/guidance-library/guidance-on-the-exemption-from-the-market-index-requirement/

6. • Corporate governance
   • Financial reporting
   • Issuers and offers

   3 July 2018

   Disclosure of significant accounting estimates

   Recent reviews of a number of financial statements revealed a lack of disclosure in significant accounting estimates and assumptions, particularly those containing high levels of uncertainty.

   180703 Disclosure of significant accounting estimates

   https://fma.govt.nz/compliance/guidance-library/disclosure-of-significant-accounting-estimates/

7. • Corporate governance
   • Financial reporting
   • Issuers and offers

   27 June 2018

   Improving financial statements

   This monitoring report summarises the findings from our thematic review to determine the extent of improvements in the presentation of financial statements in a clear, concise and effective way, and sets out some suggestions for additional improvement.

   180627 Improving financial statements

   https://fma.govt.nz/compliance/guidance-library/improving-financial-statements/

8. • P2P lending

   11 June 2018

   Guide for peer-to-peer lending services on publishing default rate information

   This guide contains information to help peer-to-peer licensees understand and meet the minimum licensing standard to publish default rate information. It sets out what ‘default’ means, when licensees must comply with the standard and guidelines on how to publish fair, clear and transparent information.

   Publishing default information for peer to peer lending services

   https://fma.govt.nz/compliance/guidance-library/guide-for-peer-to-peer-lending-services-on-publishing-default-rate-information/

9. • Corporate governance
   • Crowdfunding
   • DIMS
   • Financial reporting
   • Managed investments
   • P2P lending
   • Supervisors

   30 May 2018

   Compliance Assurance Programmes

   We have published an information sheet that explains the Financial Markets Authority’s expectations for a compliance assurance programme (CAP). A CAP is the programme of independent checks to test whether an entity’s processes and controls are effective in ensuring the compliance of the business.

   Compliance assurance programmes information sheet

   https://fma.govt.nz/compliance/guidance-library/compliance-assurance-programmes/

10. • Financial reporting
    • Issuers and offers

    15 May 2018

    Improving financial information in an equity PDS

    This guidance is to assist issuers and their professional advisers in understanding the FMA’s expectations on certain aspects of the financial information section.

    Improving financial information in an equity PDS

    https://fma.govt.nz/compliance/guidance-library/improving-financial-information-in-an-equity-pds/

11. • AML/CFT

    14 May 2018

    AML/CFT programme guideline

    This guideline was updated in 2018 and is designed to help reporting entities develop their AML/CFT programme.

    AML/CFT programme guideline

    https://fma.govt.nz/compliance/guidance-library/amlcft-programme-guideline/

12. • AML/CFT

    14 May 2018

    AML/CFT risk assessment guideline

    This guideline was updated in 2018 and is designed to help reporting entities conduct a risk assessment, as required under section 58 of the Anti-Money Laundering and Countering Financing of Terrorism Act.

    AML/CFT risk assessment guideline

    https://fma.govt.nz/compliance/guidance-library/amlcft-risk-assessment-guideline/

13. • Issuers and offers
    • Managed investments

    18 April 2018

    General stocktake of fund updates

    This ‘stocktake’ meets a specific milestone to review quarterly fund updates and engage with the market on our findings. This review forms part of our strategic priorities for 2017-2018 to work with issuers and their professional advisers to improve disclosure documents and offer information.

    https://fma.govt.nz/compliance/guidance-library/general-stocktake-of-fund-updates/

14. • Issuers and offers
    • Managed investments

    10 April 2018

    Product disclosure statements: understanding investors’ information needs

    The purpose of this report is to help issuers and their advisers think about how they can make disclosure information more useful for investors. In the report we summarise feedback from investors about how they use disclosure information, and what other types of information they seek out.

    https://fma.govt.nz/compliance/guidance-library/pds/

15. • Crowdfunding
    • Fair dealing
    • P2P lending

    15 March 2018

    Fair dealing in advertising and communications – crowdfunding and peer-to-peer lending

    The aim of this guidance is to ensure licensed crowdfunding and peer-to-peer lending platforms understand their obligations when advertising or communicating with customers.

    Fair dealing in advertising and communications – crowdfunding and peer-to-peer lending

    https://fma.govt.nz/compliance/guidance-library/advertising-and-comms-in-crowdfunding-and-p2p/

16. • KiwiSaver and superannuation
    • Managed investments

    13 March 2018

    Self-select retirement schemes – information for scheme managers

    This information sheet explains how these schemes are regulated under the Financial Markets Conduct Act 2013 (FMC Act) and what exemptions and waivers may be available.

    Self select retirement schemes information for scheme managers

    https://fma.govt.nz/compliance/guidance-library/self-select-retirement-schemes/

17. • Corporate governance

    28 February 2018

    Corporate governance in New Zealand: Principles and guidelines

    This handbook assists directors, executives and advisers of non-listed and public-sector companies, and other entities, to apply corporate governance principles to their particular entity.

    https://fma.govt.nz/compliance/guidance-library/corporate-governance-in-new-zealand-principles-and-guidelines/

18. • AML/CFT

    14 December 2017

    AML/CFT designated business group: scope guideline

    This guideline is designed to assist reporting entities to understand which obligations may be shared by members of a designated business group (DBG).

    AML/CFT designated business group – scope guideline

    https://fma.govt.nz/compliance/guidance-library/amlcft-designated-business-group-scope-guideline/

19. • AML/CFT

    14 December 2017

    AML/CFT enhanced customer due diligence guideline

    This guideline assists you to conduct enhanced customer due diligence (EDD) on your customers under the Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Act 2009 (the Act).

    AMLCFT enhanced due diligence guidance

    https://fma.govt.nz/compliance/guidance-library/amlcft-enhanced-customer-due-diligence-guideline/

20. • AML/CFT

    14 December 2017

    AML/CFT interpreting 'ordinary course of business' guideline

    This guideline is designed to help clarify the meaning of the phrase "in the ordinary course of business" in the definition of financial institution in the AML/CFT Act 2009.

    AML/CFT Interpreting ordinary course of business guideline

    https://fma.govt.nz/compliance/guidance-library/amlcft-interpreting-ordinary-course-of-business-guideline/