Financial Advisers Act 2008 No 91 (as at 28 July 2009), Public Act

13 Meaning of financial advice clarified
  • (1) Financial advice does not include anything contained in—

    • (a) a prospectus; or

    • (b) an investment statement; or

    • (c) an authorised advertisement; or

    • (d) a bank disclosure statement; or

    • (e) a document or documents issued in lieu of a prospectus or investment statement in accordance with an exemption under the Securities Act 1978; or

    (2) Whether advice is financial advice for the purposes of this Act is not affected by how the advice is given or communicated.

    (3) For the avoidance of doubt, the provision of information, whether orally or in writing, is not financial advice unless accompanied by a recommendation, an opinion, or guidance.

    Section 13(1)(f): amended, on 28 July 2009, by section 4 of the Financial Advisers Amendment Act 2009 (2009 No 24).

    Section 13(1)(g): added, on 28 July 2009, by section 4 of the Financial Advisers Amendment Act 2009 (2009 No 24).