New Zealand Legislation: Regulations

5 Further provisions relating to content of registered prospectus

• (1) If a statement required to be included in a registered prospectus would be misleading if additional information were not also included, the prospectus shall also contain that additional information.

  (2) Where a valuation is included or referred to in a registered prospectus, the registered prospectus shall state—

  • (a) The method of valuation; and

  • (b) The date of the valuation; and

  • (c) The identity of the valuer:

  (3) Where a valuation to which subclause (2) of this regulation applies consists only of the expression of an opinion by the directors, the registered prospectus shall so state.

  (4) Where a prospective financial information is included in a registered prospectus, the registered prospectus shall contain a statement of the principal assumptions on which the prospective financial information is based.

  (5) Notwithstanding regulations 3 and 4 of these regulations, where these regulations require any information, statement, certificate, or other matter relating to an issuing group, borrowing group, group, body corporate, business, or scheme for a stated period, the information, statement, certificate, or other matter need not relate to any part of the stated period during which no part of the group, body corporate, business, or scheme was in existence.

  (6) Where the matters required to be stated or contained in a registered prospectus by virtue of Schedule 1, Schedule 2, Schedule 3, Schedule 3A, Schedule 3B, or Schedule 3C to these regulations are not set out in the registered prospectus in the same order as they appear in the Schedule, the registered prospectus shall contain an index showing the page of the registered prospectus on which each such matter appears.

  Subclause (2) proviso was revoked, as from 1 October 1997, by regulation 6(1) Securities Amendment Regulations 1997 (SR 1997/151). See regulation 99 of those Regulations for the transitional provisions.

  Subclause (4) was amended, as from 1 October 1997, by regulation 6(2) Securities Amendment Regulations 1997 (SR 1997/151) by substituting the words “prospective financial information” for the words “profit forecast” and “forecast”.

  Subclause (6) was amended, as from 1 October 1997, by regulation 6(3) Securities Amendment Regulations 1997 (SR 1997/151) by substituting the words “Schedule 3, Schedule 3A, Schedule 3B, or Schedule 3C” for the words “or Schedule 3”.