Financial Markets Conduct Regulations 2014

Part 2 Register entry for managed funds when PDS is lodged

51 General register entry information

(1)

The register entry must contain the following:

(a)

the name of each of the following (as selected from another register kept by the Registrar) or, if the person or scheme does not have an entry on such a register, the unique identifying information of the person or scheme:

(i)

the manager:

(ii)

the scheme:

(iii)

each offeror:

(b)

the address for communications from the Registrar—

(i)

to the manager:

(ii)

to each offeror:

(ba)

a New Zealand Business Number (if any) for—

(i)

the manager; and

(ii)

each offeror:

(c)

a brief description of the managed investment products:

(d)

if the managed investment products are quoted or the manager intends for the managed investment products to be quoted,—

(i)

confirmation of that fact; and

(ii)

a link to or URL for the page of the Internet site maintained by the licensed market operator that relates to the managed investment products or the manager (if a link or URL is known by the manager at the date of the PDS):

(e)

the dates on which the offer opens and, if applicable, closes:

(ea)

the status of each fund that is, or will be, a specified fund (see subclause (2)):

(f)

if the PDS is a continuous issue PDS, confirmation of the fact that the managed investment products are continuously offered:

(g)

if there is a minimum amount that an investor who applies for the managed investment products is required to invest, a statement of the minimum amount:

(ga)

if the offer includes a multi-fund investment option,—

(i)

confirmation of that fact; and

(ii)

the name of the option; and

(iii)

a brief description of the option, including a list of the funds to which the option relates; and

(iv)

the status of the option (see subclause (2)):

(h)

if the offer includes a life cycle investment option,—

(i)

confirmation of that fact; and

(ii)

the name of the option; and

(iii)

a brief description of the option, including a list of the life cycle stages; and

(iv)

the status of the option (see subclause (2)):

(i)

if the offer is made in reliance on an exemption granted under subpart 2 of Part 9 of the Act, confirmation of that fact and the name of the exemption notice:

(j)

if a declaration under subpart 3 of Part 9 of the Act applies to the managed investment products, confirmation of that fact:

(k)

if the offer is made under subpart 3 of Part 9 of these regulations (mutual recognition), confirmation of that fact.

(2)

For the purposes of subclause (1)(ea), (ga)(iv), and (h)(iv), the status of a fund or option must be described as—

(a)

registered if the name of the fund or option has been entered on the register entry under clause 53(1)(a) or 52(1)(ga)(ii) or (h)(ii) and the offeror intends to make a regulated offer in respect of the fund or option but is not yet accepting contributions to, or investments in, the fund or option; or

(b)

open if—

(i)

the offeror is accepting contributions to, or investments in, the fund or option; and

(ii)

the fund or option does not have a status under paragraph (c); or

(c)

closed to new investors if the offeror is still accepting contributions to, or investments in, the fund or option, but only from or on behalf of existing scheme participants; or

(d)

closed to all investment if the offeror has previously accepted contributions to, or investments in, the fund or option, but has ceased to accept further contributions or investments; or

(e)

disestablished if the fund or option has previously had a status under any of paragraphs (a) to (d) but is no longer established as a separate fund or option under the scheme (for example, because the fund has been wound up).

Schedule 4 clause 51(1)(ba): inserted, on 31 December 2017, by regulation 9 of the Financial Markets Conduct Amendment Regulations (No 2) 2017 (LI 2017/287).

Schedule 4 clause 51(1)(ea): inserted, on 1 June 2016, by regulation 41(14) of the Financial Markets Conduct Amendment Regulations 2015 (LI 2015/276).

Schedule 4 clause 51(1)(ga): inserted, on 1 June 2016, by regulation 41(15) of the Financial Markets Conduct Amendment Regulations 2015 (LI 2015/276).

Schedule 4 clause 51(1)(ga)(iii): amended, on 9 August 2017, by regulation 10(1) of the Financial Markets Conduct Amendment Regulations 2017 (LI 2017/181).

Schedule 4 clause 51(1)(ga)(iv): inserted, on 9 August 2017, by regulation 10(2) of the Financial Markets Conduct Amendment Regulations 2017 (LI 2017/181).

Schedule 4 clause 51(1)(h)(iii): amended, on 9 August 2017, by regulation 10(3) of the Financial Markets Conduct Amendment Regulations 2017 (LI 2017/181).

Schedule 4 clause 51(1)(h)(iv): inserted, on 9 August 2017, by regulation 10(4) of the Financial Markets Conduct Amendment Regulations 2017 (LI 2017/181).

Schedule 4 clause 51(2): inserted, on 1 June 2016, by regulation 41(16) of the Financial Markets Conduct Amendment Regulations 2015 (LI 2015/276).

Schedule 4 clause 51(2): amended, on 9 August 2017, by regulation 10(5) of the Financial Markets Conduct Amendment Regulations 2017 (LI 2017/181).

Schedule 4 clause 51(2): amended, on 9 August 2017, by regulation 10(7) of the Financial Markets Conduct Amendment Regulations 2017 (LI 2017/181).

Schedule 4 clause 51(2)(a): amended, on 9 August 2017, by regulation 10(6) of the Financial Markets Conduct Amendment Regulations 2017 (LI 2017/181).

Schedule 4 clause 51(2)(a): amended, on 9 August 2017, by regulation 10(7) of the Financial Markets Conduct Amendment Regulations 2017 (LI 2017/181).

Schedule 4 clause 51(2)(b)(i): amended, on 9 August 2017, by regulation 10(7) of the Financial Markets Conduct Amendment Regulations 2017 (LI 2017/181).

Schedule 4 clause 51(2)(b)(ii): amended, on 9 August 2017, by regulation 10(7) of the Financial Markets Conduct Amendment Regulations 2017 (LI 2017/181).

Schedule 4 clause 51(2)(c): amended, on 9 August 2017, by regulation 10(7) of the Financial Markets Conduct Amendment Regulations 2017 (LI 2017/181).

Schedule 4 clause 51(2)(d): amended, on 9 August 2017, by regulation 10(7) of the Financial Markets Conduct Amendment Regulations 2017 (LI 2017/181).

Schedule 4 clause 51(2)(e): amended, on 9 August 2017, by regulation 10(7) of the Financial Markets Conduct Amendment Regulations 2017 (LI 2017/181).