New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) Subject to regulation 8(1), securities to which this Part applies are exempt.
(2) Securities that are exempt under subclause (1) do not cease to be exempt if any of the requirements of regulation 13 are not complied with.
(3) Nothing in Part 2 of the Act (except sections 38B and 58) or the Regulations applies to an advertisement made by or on behalf of an Australian issuer that—
(a) states that—
(i) the Australian issuer is considering making an offer of securities to the public; and
(ii) no money is currently being sought and that no applications for securities will be accepted or money received unless the subscriber has received a disclosure document or a product disclosure statement or a similar offer document; and
(iii) it is intended that the offer will be made under these regulations, subject to meeting the requirements of these regulations; and
(b) if the Australian issuer wishes, states that the Australian issuer is seeking preliminary indications of interest and, in this case, also states—
(i) how indications of interest may be made; and
(ii) that no indication of interest will involve an obligation or commitment of any kind; and
(c) contains no other information, except any or all of the following:
(i) the name of the Australian issuer:
(ii) a description of the securities intended to be offered, including a brief description of any rights or privileges to be attached:
(iii) the rate or rates of interest (if any) that may be earned by holding the securities intended to be offered:
(iv) the total number of securities intended to be offered:
(v) a statement of the intended use of the subscriptions:
(vi) the terms of the intended offer:
(vii) a description of the class of persons to whom it is intended the offer will be made:
(viii) the date at which the issuer expects that the offer will be made; and
(d) is dated and is not distributed to any person later than 6 months after its date.
