New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint as at 1 October 2011
(SR 2009/230)
Anand Satyanand, Governor-General
At Wellington this 24th day of August 2009
Present:
His Excellency the Governor-General in Council
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These regulations are administered by the Ministry of Economic Development.
Pursuant to sections 70, 70AA, 70A, 74, and 78 of the Securities Act 1978, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and on the recommendation of the Minister of Commerce in accordance with sections 70(3), 74, and 78 of that Act, makes the following regulations.
5 Matters to be contained in full registered prospectus
Short form prospectus for offers to existing security holders
6 Short form prospectus may be used instead of full registered prospectus for offers to existing security holders
7 Requirements for short form prospectus
Simplified disclosure prospectus for public issuers
8 Simplified disclosure prospectus for public issuers
9 Simplified disclosure prospectus for offers of securities of same class as listed securities
10 Simplified disclosure prospectus for offers of securities that rank equally with, or in priority to, listed securities
11 Requirements for securities for purposes of regulation 10
Further provisions relating to content of all registered prospectuses
12 Prospectus must contain additional information if otherwise misleading
14 Prospective financial information
15 Periods during which group, body corporate, business, or scheme not in existence
16 Prospectus must contain index in certain cases
17 Restrictions imposed by Part 4 on content of registered prospectus
Documents to be attached to all prospectuses delivered for registration
18 Documents to be attached to prospectus delivered for registration
19 Matters to be contained in investment statement
20 Investment statement not required to refer to matter that is not applicable
21 Information, statements, and other matters must be set out under question
22 Requirements for advertisements and restrictions on content of advertisements in Parts 3 and 4
23 Advertisements must not contain misleading information
24 Advertisements must be consistent with investment statement, prospectus, or disclosure statement
25 Advertisements that refer to guarantees must contain certain information
27 Unsecured and secured securities
28 Restrictions on distribution of advertisements containing prospective financial information
29 Restrictions imposed by Part 4 on content of advertisements
30 Certificate required for certain advertisements
31 Certificate not required in certain cases
32 Certificate must be held for at least 12 months
33 Certain persons commit offence if they publish, broadcast, or distribute contravening advertisement
34 Issuers and principal officers commit offence if they distribute contravening advertisement
Part 4
Restrictions on content of registered prospectuses and advertisements
36 Statements as to safety or risk
37 Statements as to approval by FMA or Registrar
38 Rates of returns and taxation of returns
39 Statements about trading securities on securities markets
Part 5
Content of trust deeds and deeds of participation
40 Clauses deemed to be contained in trust deeds
41 Contents of deeds of participation
42 Clauses deemed to be contained in deeds of participation
42A Application of regulation 39A
43 Regulations 40 to 42 apply regardless of when deed is registered
Trust deeds for unit trusts and KiwiSaver schemes
43A Clauses deemed to be contained in trust deeds for unit trusts
43B Clauses deemed to be contained in trust deeds for KiwiSaver schemes (other than restricted KiwiSaver schemes)
43C Provisions apply regardless of when deed is entered into
Part 6
Miscellaneous provisions
44 Information to be disclosed by issuers on request
Definitions relevant to certain exemptions
45 Exemption for term life insurance policies
46 Meaning of call debt security and call building society share
47 Prescribed rate of interest
48 Securities Regulations 1983 revoked
Transitional and application provisions
50 These regulations apply unless Securities Regulations 1983 apply in accordance with transitional provisions
51 Securities Regulations 1983 continue to apply if prospectus registered before commencement of these regulations
52 Issuer may elect to comply with Securities Regulations 1983 instead of these regulations if prospectus registered before 30 June 2010
53 Securities Regulations 1983 apply if no prospectus is required, unless issuer elects otherwise
54 Transitional provisions that apply after revocation of Securities Regulations 1983
55 These regulations and Securities Regulations 1983 are alternative means of compliance
56 Transitional and application provisions subject to exemption
Schedule 1
Full prospectus for equity securities
Schedule 2
Full prospectus for debt securities
Schedule 3
Full prospectus for participatory securities
Schedule 4
Full prospectus for units in unit trusts
Schedule 5
Full prospectus for life insurance policies
Schedule 5A
Full prospectus for KiwiSaver schemes
Schedule 6
Full prospectus for superannuation schemes
Schedule 7
Short form prospectus for equity securities
Schedule 8
Short form prospectus for debt securities
Schedule 9
Short form prospectus for units in unit trust
Schedule 10
Simplified disclosure prospectus for offers of securities of same class as listed securities
Schedule 11
Simplified disclosure prospectus for offers of equity securities that rank equally with, or in priority to, listed securities
Schedule 12
Simplified disclosure prospectus for offers of debt securities that rank equally with, or in priority to, listed securities
Schedule 13
Matters required in investment statements
Schedule 14
Certificate in respect of advertisements
Schedule 14A
Matters to be specified in trust deeds
Schedule 15
Clauses deemed to be contained in trust deeds
Schedule 16
Matters to be specified in deeds of participation
Schedule 17
Clauses deemed to be contained in deeds of participation
Schedule 18
Consequential amendments
Securities Amendment Regulations 2011
