Pursuant to section 38 of the Securities Markets Act 1988, the Financial Markets Authority gives the following notice.
N o t i c e
1. Title, commencement and expiry-(1) This notice is the Authorised Futures Dealers (Registered Banks Futures Contracts) Notice 2012.
(2) This notice comes into force on 1 August 2012.
(3) This notice expires on the close of 31 May 2017.
2. Interpretation-(1) In this notice, unless the context otherwise requires:
Act means the Securities Markets Act 1988.
exemption notice means the Securities Act (Registered Banks Futures Contracts) Exemption Notice 2007.
FMA means the Financial Markets Authority established by Part 2 of the Financial Markets Authority Act 2011.
recognised exchange means an authorised futures exchange or any exchange in a country other than New Zealand which is authorised by the laws of that country to operate as a futures exchange.
Regulations means the Futures Industry (Client Funds) Regulations 1990.
specified futures contract means a futures contract other than one that is made on or effected through a recognised exchange.
(2) Any term or expression that is defined in the Act or the Securities Act 1978 and that is used, but not defined, in this notice has the same meaning as in the Act or the Securities Act 1978, as the case may be.
3. Authorisation-Each registered bank is authorised to carry on the business of dealing in specified futures contracts.
4. Conditions-(1) The authorisation is subject to the conditions that the registered bank:
(a) deals in specified futures contracts in accordance with the terms of the exemption notice; and
(b) does not carry on the business of dealing in specified futures contracts on behalf of any person other than a person who has entered into a written agreement with the registered bank, and then only in accordance with the terms of that agreement, except where the registered bank is advising or assisting
a person solely in connection with the issue of a specified futures contract in respect of which the registered bank is, or intends to be, a party; and
(c) continues to be registered in accordance with its conditions of registration under the Reserve Bank of New Zealand Act 1989; and
(d) maintains proper records:
(i) to record dealings in respect of specified futures contracts with or on behalf of the client; and
(ii) to record client money, funds and property held or received in connection with dealings in specified futures contracts; and
(iii) which are audited or reviewed, and reported on, in accordance with the Regulations and the Financial Reporting Act 1993.
(2) The authorisation is subject to the further conditions that:
(a) any registered bank document that states that the registered bank has been authorised by FMA to carry on the business of dealing in futures contracts includes a statement to the effect that:
(i) FMA’s role in authorising futures dealers
is limited and does not imply approval
or endorsement of the business, trading, or solvency of the registered bank; and
(ii) FMA has not approved any agreements or any disclosure documents of the registered bank; and
(b) the registered bank immediately notifies FMA in writing of any of the following events:
(i) Where a receiver, provisional liquidator, liquidator, statutory manager or a similar officer is appointed, or any resolution is passed or order made for the winding up or dissolution of the registered bank; and
(ii) any regulatory action taken against the registered bank, or any of its directors or senior management (in their capacities as such), whether in New Zealand or elsewhere.
Dated at Wellington this 25th day of July 2012.
ELAINE CAMPBELL, Head of Compliance Monitoring, Financial Markets Authority.