QUESTIONS WITH COMPLETE
SOLUTIONS!!
product
, financial adviser service (personalised or class) to a wholesale client (either an
individual or an entity).
non-United States participants in OTC derivatives transactions: various
registration requirements, entry standards (capital
adequacy, risk management and record keeping) and transactional requirements
(swap clearing and
execution).
Applies in transactions with a US counterparty, there are similar EU rules
Misleading conduct
False or misleading representation about certain things
Financial service providers (registration and dispute resolution) act 2008
and the Financial advisers act 2008
However, if the Financial Services Legislation Amendment Bill is passed,
financial service
providers will be principally governed by the FMCA, with support from the
Financial Service Providers
(Registration and Dispute Resolution) Act 2008.
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Term
Will dims be regulated under the new financial advice regime?
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, No, will be dealt with written direction to comply, failure
separately under Part 6 to do so is subject to a fine of up to
of the FMCA. 5k
Analyse and evaluate financial
Yes it will allow this kind of advice
situations of clients.
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Term
Is granting a derivatives issuer licence a domain of the FMA?
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No, will be dealt with separately Yes, grant authorisations to
under Part 6 persons to act as
of the FMCA. derivatives issuers.
Registration
No, this is a function of the
Commerce Authorisation
Commission.
Competence
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, Term
How does the Service Providers (Registration and Dispute
Resolution) Act 2008 (the FSP Act) regulate financial service
providers
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§ engaging in misleading or deceptive conduct in connection with the offer of a
financial
product
§ making an unsubstantiated representation in connection with the offer of a
financial product (a
statement will be unsubstantiated if the person making it does not have
reasonable grounds for
that statement, whether or not it is actually false or misleading)
§ misstatements in an advertisement or product disclosure statement
§ offering or allotting financial products without the requisite disclosure being
made
§ obstructing the FMA in its work.
Name of QFE
Address, tel and email
Info on disputes process
Contact details of disputes scheme
If other services are provided:
Nature of service
Approvee of said service
Every other matter req. to be disclosed as a condition of QFA
Must have a PDS
Short form PDS allowed if listed issuer
If a debt security the issuer is also required to appoint a statutory supervisor and
execute a trust deed that governs the relationship between issuer, supervisor
and investors