Schedule 1 Provisions relating to when disclosure is required and exclusions for offers and services

ss 39, 40

Contents

1Overview of Part
2Part subject to FMA’s power to require disclosure
3Offer to wholesale investor
4Offers to close business associates
5Offers to relatives
6Offers of financial products through licensed intermediaries
7Offers of financial products through DIMS licensees
8Offers under employee share purchase schemes
9Offers to persons under control do not need disclosure
10Offers of financial products under dividend reinvestment plans
11Offers of financial products for no consideration
12Small offers
13Advertising restriction for small offers
14Matters relating to calculation
15Offers of controlling interest where 5 or fewer investors
16Exclusion for small schemes
17Advertising restriction for small schemes
18Counting of scheme participants
19Exclusion for offers of financial products of same class as quoted financial products
20Exclusions for certain offers of derivatives
21Offers of category 2 products or debt securities by registered banks
22Offers by the Crown, etc
23Offers of interests in retirement villages
24Offers of renewals or variations
25Purposes of clauses 26 to 29
26Disclosure and other requirements
27False or misleading statements and omissions
27AOfferor is FMC reporting entity in prescribed circumstances
28Persons who must inform offeror about deficiencies in limited disclosure document
28AFailure to lodge or give information to Registrar or FMA
29Regulations may prevent exclusions from applying in inappropriate circumstances
30Application of this Part
31Sale where financial products issued with view to original holder dealing with products
32Sale where issuer advises, encourages, or knowingly assists offeror
33Off-market sale by controller
34Sale amounting to indirect off-market sale by controller
35Meaning of retail investor and retail service
36Meaning of wholesale investor
37Investment businesses
38Investment activity criteria
39Meaning of large
40Definition of government agency
41Eligible investors
42Offeror may not rely on eligible investor certificate in certain circumstances
43Confirmation of certification
44Safe harbour if certificate given
45Offeror or provider may not rely on safe harbour certificate if knows A was not in fact wholesale investor
46Other provisions relating to certificates
47Offences relating to certificates
48Meaning of control in this schedule
49Other definitions for schedule