Financial Markets Conduct Act 2013

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

Part 6 Licensing and other regulation of market services

386 Overview

(1)

This Part provides for the licensing of market services and regulates the provision of market services by licensees and other persons as follows:

(a)

subpart 1 determines which market service providers must be licensed, and which other providers of market services may be licensed:

(b)

the issue of those licences, their conditions, and their expiry or cancellation are dealt with in subpart 2:

(c)

subpart 3 provides for the monitoring and enforcement of those licences:

(d)

subpart 4 provides for disclosure to investors about certain services:

(e)

subpart 5 requires there to be client agreements for certain services:

(ea)

subpart 5A regulates the giving of financial advice and the provision of financial advice services:

(eb)

subpart 5B provides disclosure and conduct obligations for providers of client money or property services:

(f)

subpart 6 regulates the provision of retail discretionary investment management services under a licence and the provision of related custodial services by a custodian:

(g)

subpart 7 provides for the making of regulations on the holding and application of investors’ funds and property by derivatives issuers (whether or not they are licensed or are making regulated offers of derivatives):

(ga)

subpart 7A provides for additional purposes relating to licences to act as an administrator of a financial benchmark, and additional powers in respect of licensees, authorised bodies, or contributors to financial benchmarks:

(h)

subpart 8 identifies the civil liability provisions under this Part.

(2)

This section is a guide only to the general scheme and effect of this Part.

Section 386(1)(ea): inserted, on 15 March 2021, by section 13 of the Financial Services Legislation Amendment Act 2019 (2019 No 8).

Section 386(1)(eb): inserted, on 15 March 2021, by section 13 of the Financial Services Legislation Amendment Act 2019 (2019 No 8).

Section 386(1)(ga): inserted, on 14 March 2021, by section 36 of the Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Act 2019 (2019 No 46).