In December 2020, other regulations required to implement the Financial Services Legislation Amendment Act were made.
The regulations include:
- replacing terminology from the Financial Advisers Act 2008, such as references to “category 2” financial products and authorised financial advisers. Note:
- The existing treatment under the Financial Markets Conduct Regulations 2014 in relation to category 2 products (for example in relation to whether a PDS needs to be given) is preserved.
- Transitional provisions have been included to give affected providers time to update documents that refer to “authorised financial advisers” and “financial advisers”;
- carrying over the effect of the Financial Advisers (Custodians of FMCA Financial Products) Regulations 2014 with some updates and clarifications;
- prescribing limited circumstances in which client money and firm money can be held together, to reflect the effect of existing FMA exemptions for NZX brokers and Non-NZX brokers;
- prescribing when firm money that is held together with client money is to be treated as client money;
- prescribing the statement that lenders can give to make clear to consumers that the limited exclusion from the financial advice regime relating to lender responsibilities applies;
- prescribing requirements for the record of nominated representatives that must be maintained by providers;
- requiring AFAs and QFEs that continue operating in the industry to retain records that were required to be held under the Financial Advisers Act 2008;
- carrying over exemptions contained in regulations under the Financial Advisers Act 2008;
- updating a cross-reference in the financial advice disclosure regulations so that financial advice providers are able to refer to their website when disclosing information about their legal duties;
- enabling financial advice providers to provide contingency DIMS without being subject to DIMS licensing requirements. This carries over and updates an existing licensing exemption for contingency DIMS provided by authorised financial advisers. The regulations also include transitional arrangements where an authorised financial adviser named in a contingency DIMS investment authority is engaged by a financial advice provider;
- replacing terminology from the Financial Advisers Act 2008 in the Anti-Money Laundering and Countering Financing of Terrorism (Definitions) Regulations. No substantive changes are being made to who is subject to AML obligations; and
- provide for additional information to be displayed on the Financial Service Providers Register, for example, relating to whether a provider is providing services to wholesale or retail clients.
Financial Markets Conduct Amendment Regulations 2020(external link) — New Zealand Legislation website
Financial Service Providers (Registration) Regulations 2020(external link) — New Zealand Legislation website
Financial Service Providers (Exemptions) Amendment Regulations 2020(external link) — New Zealand Legislation website
Anti-Money Laundering and Countering Financing of Terrorism (Definitions) Amendment Regulations 2020(external link) — New Zealand Legislation website