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  1. 21 November 2023

    Financial Markets Conduct (Portfolio Superannuation Scheme) Exemption Notice 2023

    The Notice exempts Saturn Invest New Zealand (Saturn) as manager of the Portfolio Superannuation Scheme (the self-select scheme) from certain provisions of the Financial Markets Conduct Act 2013 (the FMC Act), the Financial Markets Conduct Regulations 2014 (the FMC Regulations), and the Financial Markets Conduct (Fees) Regulations 2014.
    Tags
    Exemptions, Business
    Type
    Page, Current, Financial Markets Conduct Act exemptions, Exemption notice

  2. 7 April 2008

    Foodstuffs (Wellington) Co-Operative Society Limited

    The Foodstuffs (Wellington) Co-operative Society Limited and its directors undertakes that they will not offer securities to the public for subscription, other than in an investment statement, registered prospectus, or authorised advertisement that complies with the Securities Act and the Regulations, or in accordance with any applicable exemption granted by the Commission. Read more.
    Tags
    Enforceable undertaking, Powers, Enforcement
    Type
    Page

  3. 20 June 2023

    Financial Markets Conduct (Market Index) Exemption Notice 2023

    This exemption provides relief to managed investment scheme (MIS) managers with funds that invest, in whole or in part, in assets that do not have an appropriate market index (relevant assets) and instead allows managers to take alternative approaches.
    Tags
    Exemptions, FMC Act, Legislation, Roles, Business, Managed investment schemes
    Type
    Page

  5. 23 February 2011

    Nuplex Industries Limited

    The Commission alleged that from 22 December 2008 until 19 February 2009 Nuplex breached its continuous disclosure obligations under the NZX Listing Rules and the Securities Markets Act 1988 by failing to disclose to the market a breach of a banking covenant, and that both Nuplex and the directors are responsible for this failure. Read more.
    Tags
    Settlement, Enforcement
    Type
    Page

  6. 7 July 2005

    Braemar Lodge 2004 Limited

    Braemar Lodge 2004 Limited offered participatory securities for subscription in conjunction with individual unit titles under the Unit Titles Act 1972 without a registered prospectus, investment statement or deed of participation. Braemar and the directors(Neil Gurdjieff Dougan, Ernest Ross Thomson) were, at the time of the offer, unaware that the offers had been made in contravention of the Securities Act 1978. Read more.
    Tags
    Enforceable undertaking, Powers, Enforcement
    Type
    Page

  7. 5 March 2013

    Nathans Finance NZ Ltd

    The Commission alleged that statements concerning Nathans' lending to related parties, the quality of its loan book, its loan management practices and its management of liquidity were untrue. It is also alleged that the directors made untrue statements in a prospectus extension certificate in March 2007. Read more.
    Tags
    Court – criminal, Powers, Enforcement
    Type
    Page

  8. 5 March 2007

    Huka Falls Resort Ltd

    The Huka Falls Resort Limited and the Director(Patrick Marinus Fontein) accepted that Securities have been offered to the public for subscription, without a registered prospectus or an investment statement, in contravention of the requirements of the Securities Act 1978 and the Securities Regulations 1983. Read more.
    Tags
    Enforceable undertaking, Powers, Enforcement
    Type
    Page

  9. 5 March 2007

    Kensington Park Properties Ltd

    The Kensington Park Properties Limited and the Directors(Patrick Marinus Fontein, Allan Graham Clarke) accepted that Securities have been offered to the public for subscription, without a registered prospectus or an investment statement, in contravention of the requirements of the Securities Act 1978 and the Securities Regulations 1983. Read more.
    Tags
    Enforceable undertaking, Powers, Enforcement
    Type
    Page

  10. 21 February 2005

    South Pacific Energy Limited and Calgary Petroleum

    South Pacific and Calgary offered undertakings to the Securities Commission after Commissions concern that they may have offered securities to the public in contravention of the Securities Act. The undertakings will ensure that no such breaches occur in the future. Read more.
    Tags
    Enforceable undertaking, Powers, Enforcement
    Type
    Page

  11. 7 July 2005

    Alpine Pacific Developments Limited

    Alpine Pacific Developments Limited has offered participatory securities for subscription in conjunction with individual unit titles under the Unit Titles Act 1972 since December 2004. It has done so without a registered prospectus, investment statement or deed of participation. No allotments of the securities have yet occurred. Alpine and the directors(Neil Gurdjieff Dougan, Ernest Ross Thomson) were, at the time of the offer, unaware that the offers had been made in contravention of the Securities Act 1978. Read more.
    Tags
    Enforceable undertaking, Powers, Enforcement
    Type
    Page

  12. 4 July 2005

    Monaco Village Holdings Limited

    This undertaking is offered to the Securities Commission for acceptance under section 69J of the Securities Act 1978 by Monaco Village Holdings Limited and its directors (Robert Michael Gepp and Roderick Hugh Duke) after unintentional contravention of Securities Act 1978 and Securities Regulations 1983. Read more.
    Tags
    Enforceable undertaking, Powers, Enforcement
    Type
    Page

  13. 8 June 2006

    The Gables Limited (TGL), Combined Financial Services Limited (CFS) and Aoraki Commerical Property Limited (ACP)

    The Securities Commission formed the view that the offer made by TGL and the advertisement of the offer by CFS and ACP in 2006 did not comply with section 33(1) of the Act in that it was not made in or accompanied by an investment statement that complied with the Act and the Securities Regulations 1983, nor was it made in an authorised advertisement, nor in or accompanied by a registered prospectus that complied with the Act and Regulations. Read more.
    Tags
    Enforceable undertaking, Powers, Enforcement
    Type
    Page

  14. 20 June 2007

    Contributory Mortgage Investments Limited

    The Commission considered that CMI, CMN, Mr Martin and Mr van Nieuwkoop have failed to meet the standards of care and good governance that it expects from those who seek to raise funds from the public. Enforceable undertakings were offered to remedy the issues. Read more.
    Tags
    Investigations, Enforceable undertaking, Powers, Enforcement
    Type
    Page

  15. 8 July 2011

    Share Buyers Limited (Share Buyers)

    We make the following order against Share Buyers and Share Buyers Associates.
    Tags
    Cases, Direction Order, Powers, Enforcement
    Type
    Page