In our FMCA update of 24 July, we indicated that further Cabinet decisions were to be made on the final policy decisions for FMC Regulations.

The Cabinet decisions have now been released and are available here.

Decisions include:

  • confirming the most recent proposals on fixed page lengths for the PDS
  • confirming the PDS for debt and equity to include:
    • three years of summary financial information prepared under GAAP
    • two years of prospective financial information - unless it would be misleading
    • to do so
  • allowing summaries of material contracts to be placed on the online register instead of the
  • full material contract
  • confirming the requirement for debt offers to contain a diagram illustrating ranking - this
  • has recently become a market practice
  • clarifying the obligations of auditors to report to supervisors
  • allowing securities market operators (other than NZX) an extra year to obtain a licence (for
  • example, Unlisted)
  • allowing derivative issuers until 1 May 2015 to adopt the new PDS requirements
  • (or 1 December 2015 if offer documents are already required by their licence), and
  • allowing until 1 December 2015 for derivative issuers to adopt new investor fund custodian
  • requirements.

The information in this article is for informative purposes only and should not be relied on as legal advice. Please contact Chapman Tripp for advice tailored to your situation.