Details of FMC regime revealed

This week, the Minister of Commerce announced further details of the shape of the new financial markets regime that will come into force under the Financial Markets Conduct Bill. Chris Holland, of Buddle Findlay, gives an overview of the implications.

Friday, June 28th 2013, 12:46PM

Craig Foss' press release linked to four Cabinet papers, setting out Cabinet's decisions regarding the regulations and the Bill's implementation.

For financial advisers the most relevant decisions are those that relate to disclosure about financial products and providing discretionary investment management services (DIMS).

Key points on disclosure include:
• confirmation that the product disclosure statement (PDS) will follow the two-part format previously discussed, with a one or two-page key information summary and a more detailed second part;
• a decision to favour highly prescribed PDSs for managed funds, and extend the new KiwiSaver reporting regime to all managed funds;
• an agreement in principle that PDSs should be "evergreen", and that frequently changing information such as financial information should be disclosed elsewhere; and
• replacement of the requirement for all directors to sign the prospectus with two directors being able to sign a PDS on behalf of a board.

Officials will consult further about the contents of the PDS for different types of product, with the Minister indicating that final decisions will be likely to be made at the end of this year.

Proposed licensing criteria for DIMS providers include regulating incidental advice and client agreements, working towards achieving equivalent treatment of DIMS providers under the Bill and the Financial Advisers Act. The papers also indicate that further consultation is likely regarding custodial arrangements under both regimes.

Cabinet has confirmed the timetable of having the Bill enacted later this year and beginning to come into force in April 2014, but does note the risk of delay. Draft regulations are expected to be published in October.

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