Financial Markets Authority (Levies) Regulations 2012

Interpretation

3 Interpretation

In these regulations, unless the context otherwise requires,—

annual gross premium revenue has the meaning given in regulation 5

class means a class of specified persons described in column 2, and identified by a number given in column 1, of the levies table

custodian means—

(a)

a custodian, as defined in section 6(1) of the Financial Markets Conduct Act 2013; or

(b)

a person who provides a custodial service, as defined in section 77B of the Financial Advisers Act 2008

debt collection costs, in relation to a person, means costs actually incurred by the FMA in recovering, or attempting to recover, unpaid levy money that is payable by the person

debt security has the same meaning as in section 6(1) of the Financial Markets Conduct Act 2013

DIMS means—

(a)

a discretionary investment management service (as set out in section 392 of the Financial Markets Conduct Act 2013); and

(b)

a discretionary investment management service (as set out in section 12 of the Financial Advisers Act 2008)

DIMS retail provider means either of the following if they provide a DIMS retail service:

(a)

a DIMS licensee (as set out in section 392 of the Financial Markets Conduct Act 2013):

(b)

a person authorised by the FMA under the Financial Advisers Act 2008 to provide a DIMS

DIMS retail service means—

(a)

a DIMS that is a retail service (as defined in clause 35(2) of Schedule 1 of the Financial Markets Conduct Act 2013); and

(b)

a DIMS provided to a retail client (as defined in section 5B of the Financial Advisers Act 2008)

DIMS wholesale provider means a person who provides a DIMS and is not a DIMS retail provider

FMC offer has the same meaning as in section 5(3) of the FSP Act

fund has the same meaning as in regulation 5(1) of the Financial Markets Conduct Regulations 2014

funds under management has the meaning given in regulation 7A

GAAP or generally accepted accounting practice

(a)

has the same meaning as in section 8 of the Financial Reporting Act 2013 (unless paragraph (b) applies); or

(b)

means generally accepted accounting practice within the meaning of section 3 of the Financial Reporting Act 1993 if the person is required to prepare financial statements in accordance with that practice

guaranteeing subsidiary has the same meaning as in section 4(1) of the Non-bank Deposit Takers Act 2013

leviable event, in relation to a person included in a class, means—

(a)

the event specified for the class in column 3 of the levies table; or

(b)

if regulation 9 applies to the person, the event specified in regulation 9(4)

levies table means the table in Schedule 2

licensed market operator has the same meaning as in section 6(1) of the Financial Markets Conduct Act 2013

licensed NBDT has the same meaning as in section 4(1) of the Non-bank Deposit Takers Act 2013

life cycle stage has the same meaning as in regulation 5(1) of the Financial Markets Conduct Regulations 2014

listed issuer has the same meaning as in section 6(1) of the Financial Markets Conduct Act 2013

managed fund has the same meaning as in regulation 5(1) of the Financial Markets Conduct Regulations 2014

managed investment product has the same meaning as in section 6(1) of the Financial Markets Conduct Act 2013

manager has the same meaning as in section 6(1) of the Financial Markets Conduct Act 2013

multi-fund investment option has the same meaning as in regulation 5(1) of the Financial Markets Conduct Regulations 2014

overseas company has the same meaning as in section 5(1) of the Financial Reporting Act 2013

registered bank has the same meaning as in section 2(1) of the Reserve Bank of New Zealand Act 1989

registered FSP means a person registered under Part 2 of the FSP Act

registered scheme has the same meaning as in section 6(1) of the Financial Markets Conduct Act 2013

scheme means—

(a)

a registered scheme in which managed investment products have been issued pursuant to an FMC offer; or

(b)

a scheme that is treated as being a registered scheme under clause 22(1)(a) of Schedule 4 of the Financial Markets Conduct Act 2013

specified licence means a licence—

(a)

issued to an auditor by an accredited body (under section 11 of the Auditor Regulation Act 2011) or to an overseas auditor by the FMA (under section 12 of that Act); and

(b)

in respect of which information supplied to the Registrar of Companies is, or will be, confirmed by the accredited body or the FMA (as the case may be) in an annual confirmation made under section 43 of the Auditor Regulation Act 2011

total assets has the meaning given in regulation 4

total managed assets has the meaning given in regulation 7

total supervised interests has the meaning given in regulation 6.

Regulation 3 authorised dealer: revoked, on 8 September 2017, by regulation 4(1) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2017 (LI 2017/211).

Regulation 3 authorised futures dealer: revoked, on 8 September 2017, by regulation 4(1) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2017 (LI 2017/211).

Regulation 3 custodian: replaced, on 8 September 2017, by regulation 4(2) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2017 (LI 2017/211).

Regulation 3 debt collection costs: inserted, on 8 September 2017, by regulation 4(2) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2017 (LI 2017/211).

Regulation 3 debt security: inserted, on 1 December 2014, by regulation 4(6) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 DIMS: inserted, on 1 July 2017, by regulation 4 of the Financial Markets Authority (Levies) Amendment Regulations 2017 (LI 2017/143).

Regulation 3 DIMS retail provider: inserted, on 1 July 2017, by regulation 4 of the Financial Markets Authority (Levies) Amendment Regulations 2017 (LI 2017/143).

Regulation 3 DIMS retail service: inserted, on 1 July 2017, by regulation 4 of the Financial Markets Authority (Levies) Amendment Regulations 2017 (LI 2017/143).

Regulation 3 DIMS wholesale provider: inserted, on 8 September 2017, by regulation 4(2) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2017 (LI 2017/211).

Regulation 3 FMC offer: inserted, on 1 December 2014, by regulation 4(6) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 FMS Act: inserted, on 1 December 2014, by regulation 4(6) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 fund: inserted, on 8 September 2017, by regulation 4(2) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2017 (LI 2017/211).

Regulation 3 funds under management: inserted, on 1 July 2017, by regulation 4 of the Financial Markets Authority (Levies) Amendment Regulations 2017 (LI 2017/143).

Regulation 3 GAAP or generally accepted accounting practice: inserted, on 1 December 2014, by regulation 4(1) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 generally accepted accounting practice: revoked, on 1 December 2014, by regulation 4(1) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 guaranteeing subsidiary: inserted, on 1 December 2014, by regulation 4(6) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 levies table: amended, on 1 April 2014, by regulation 4(2) of the Financial Markets Authority (Levies) Amendment Regulations 2014 (LI 2014/49).

Regulation 3 licensed market operator: inserted, on 1 December 2014, by regulation 4(6) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 licensed NBDT: inserted, on 1 May 2015, by regulation 13(2) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 life cycle stage: inserted, on 8 September 2017, by regulation 4(2) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2017 (LI 2017/211).

Regulation 3 listed issuer: inserted, on 1 December 2014, by regulation 4(6) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 managed fund: inserted, on 1 July 2017, by regulation 4 of the Financial Markets Authority (Levies) Amendment Regulations 2017 (LI 2017/143).

Regulation 3 managed investment product: inserted, on 1 December 2014, by regulation 4(6) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 manager: replaced, on 8 September 2017, by regulation 4(2) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2017 (LI 2017/211).

Regulation 3 multi-fund investment option: inserted, on 8 September 2017, by regulation 4(2) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2017 (LI 2017/211).

Regulation 3 NBDT: revoked, on 1 May 2015, by regulation 13(1) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 overseas company: replaced, on 1 April 2014, by regulation 4(3) of the Financial Markets Authority (Levies) Amendment Regulations 2014 (LI 2014/49).

Regulation 3 registered bank: inserted, on 1 December 2014, by regulation 4(6) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 registered scheme: inserted, on 1 December 2014, by regulation 4(6) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 scheme: replaced, on 8 September 2017, by regulation 4(2) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2017 (LI 2017/211).

Regulation 3 security: revoked, on 1 December 2014, by regulation 4(4) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 STSS Act: revoked, on 1 December 2014, by regulation 4(5) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2014 (LI 2014/334).

Regulation 3 superannuation trustee: revoked, on 8 September 2017, by regulation 4(1) of the Financial Markets Authority (Levies) Amendment Regulations (No 2) 2017 (LI 2017/211).