(1) In these regulations, unless the context otherwise requires,—
accounting period has the same meaning as in section 5(1) of the Financial Reporting Act 2013 (applied as if references to an entity were to an issuing group, a borrowing group, a group, a body corporate, a business, or a scheme, as the case may be)
balance date has the same meaning as in section 41 of the Financial Reporting Act 2013 (applied as if references to a specified entity or entity were references to an issuing group, a borrowing group, a group, a body corporate, a business, or a scheme, as the case may be)
borrowing group, in relation to an offer of debt securities, means the issuer of the securities and all guaranteeing subsidiaries at the specified date
continuous disclosure provisions has the same meaning as in section 19D of the Securities Markets Act 1988
crime involving dishonesty has the same meaning as in section 2(1) of the Crimes Act 1961
custodian does not include a bare trustee
date of the investment statement means the date stated in an investment statement for the purposes of section 38E(1)(b) of the Act
disclosure statement, in relation to debt securities the issuer of which is a registered bank, means a disclosure statement published by the registered bank under section 81 of the Reserve Bank of New Zealand Act 1989
FRS-42 means the financial reporting standard known as Financial Reporting Standard No 42 (Prospective Financial Statements) that has effect under the Financial Reporting Act 2013
FRS-43 means the financial reporting standard known as Financial Reporting Standard No 43 (Summary Financial Statements) that has effect under the Financial Reporting Act 2013
generally accepted accounting practice means generally accepted accounting practice within the meaning of either of the following:
(a) section 3 of the Financial Reporting Act 1993 as in force before its repeal (applied as if references to an entity were references to an issuing group, a borrowing group, a group, a body corporate, a business, or a scheme, as the case may be):
generally available to the market has the same meaning as in section 4 of the Securities Markets Act 1988
group means,—
(a) in relation to an offer of equity securities, the issuer, and all former subsidiaries of the issuer in respect of the periods during which they were such subsidiaries, and all present subsidiaries of the issuer in respect of the periods since they became such subsidiaries:
guaranteeing subsidiary, in relation to an offer of debt securities, means a subsidiary of the issuer that—
issuing group, in relation to an offer of equity securities, means the issuer of the securities and all subsidiaries of the issuer at the specified date
licensed market—
(b) includes, in respect of any action, event, or circumstances occurring or existing before 1 December 2014, a registered market within the meaning of section 2(1) of the Securities Markets Act 1988 (as in force immediately before that date)
licensed market operator—
(b) includes, in respect of any action, event, or circumstances occurring or existing before 1 December 2014, a registered exchange within the meaning of section 2(1) of the Securities Markets Act 1988 (as in force immediately before that date)
listed—
(b) includes, in respect of any action, event, or circumstances occurring or existing before 1 December 2014, listed within the meaning of section 2(1) of the Securities Markets Act 1988 (as in force immediately before that date)
listed issuer—
(b) includes, in respect of any action, event, or circumstances occurring or existing before 1 December 2014, a public issuer within the meaning of section 2(1) of the Securities Markets Act 1988 (as in force immediately before that date)
market operator means the person who operates, or controls the operation of, a securities market
material information has the same meaning as in section 3 of the Securities Markets Act 1988
NZ IAS 34 means the financial reporting standard known as the New Zealand Equivalent to International Accounting Standard 34 (Interim Financial Reporting) that has effect under the Financial Reporting Act 2013
prospective financial information means information about future financial performance, future financial position, future cash flows, or future movements in equity based on assumptions about future events and courses of action
remuneration includes—
(a) salary, wages, allowances, gratuities, and other payments (whether as bonuses or not) in return for services; and
returns, in relation to a security, includes payments of any kind, whether in the nature of capital, income, benefits, or otherwise
securities market has the same meaning as in section 2(1) of the Securities Markets Act 1988
subsidiary has the same meaning as in section 5(1) of the Financial Reporting Act 2013
term life insurance policy has the meaning set out in regulation 45.
(2) Subclause (3) applies—
(3) The securities, for the purposes of these regulations and to the extent of the value of the property or services, must be treated as being paid up or allotted in consideration of the transfer of the property or the provision of the services, and accordingly must be treated as being paid up or allotted as paid up (either fully or partly, as the case may be) otherwise than in cash.
(4) For the purposes of these regulations, securities are of the same class if—
(a) those securities have attached to them identical rights, privileges, limitations, and conditions (including, in the case of debt securities, the same redemption date); and
(5) Subclause (4)(b) does not limit subclause (4)(a).
(6) If these regulations require summary, prospective, interim, or other financial statements to comply with a particular financial reporting standard, the standard must be complied with—
Compare: SR 1983/121 r 2
Regulation 4(1) accounting period: amended, on the close of 30 November 2014, by regulation 4(1) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) administration manager: substituted, on 1 July 2011, by regulation 4(1) of the Securities Amendment Regulations 2011 (SR 2011/226).
Regulation 4(1) balance date: replaced, on the close of 30 November 2014, by regulation 4(2) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) date of the investment statement: inserted, on 1 July 2011, by regulation 4(2) of the Securities Amendment Regulations 2011 (SR 2011/226).
Regulation 4(1) FRS-42: amended, on the close of 30 November 2014, by regulation 4(3) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) FRS-43: amended, on the close of 30 November 2014, by regulation 4(4) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) generally accepted accounting practice: replaced, on the close of 30 November 2014, by regulation 4(5) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) holding company: amended, on the close of 30 November 2014, by regulation 4(6) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) investment manager: substituted, on 1 July 2011, by regulation 4(3) of the Securities Amendment Regulations 2011 (SR 2011/226).
Regulation 4(1) licensed market: inserted, on the close of 30 November 2014, by regulation 4(10) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) licensed market operator: inserted, on the close of 30 November 2014, by regulation 4(10) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) listed: replaced, on the close of 30 November 2014, by regulation 4(10) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) listed issuer: inserted, on the close of 30 November 2014, by regulation 4(10) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) NZ IAS 34: amended, on the close of 30 November 2014, by regulation 4(7) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) public issuer: revoked, on the close of 30 November 2014, by regulation 4(8) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) registered exchange: revoked, on the close of 30 November 2014, by regulation 4(8) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) registered exchange's securities market: revoked, on 1 July 2011, by regulation 4(6) of the Securities Amendment Regulations 2011 (SR 2011/226).
Regulation 4(1) registered market: revoked, on the close of 30 November 2014, by regulation 4(8) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(1) subsidiary: amended, on the close of 30 November 2014, by regulation 4(9) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).
Regulation 4(6): amended, on the close of 30 November 2014, by regulation 4(11) of the Securities Amendment Regulations (No 2) 2014 (LI 2014/339).