Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:2:p1
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 2 (pt 1/26)
Character Range: 1536392–1539155

2     Financial Markets Authority of New Zealand               Each matter mentioned in items 5 to 7 of the Table at subsection 1200G(9) of the Act

Division 4—Modification of the Act in relation to its application to recognised offers for interests in New Zealand managed investment schemes (Act s 1020G, 1200M)

8.4.01  Modification of Part 7.9 of the Act—New Zealand offer documents replace Product Disclosure Statements
  For section 1020G of the Act, Part 7.9 of the Act is modified in its application in relation to managed investment schemes as set out in Part 18 of Schedule 10A.

8.4.02  Modification of Part 6D.2 of the Act and Part 7.9 of the Act—certain disclosure obligations not to apply
  For section 1200M of the Act, Part 6D.2 of the Act and Part 7.9 of the Act are modified in relation to their application in respect of a recognised offer or a proposed offer of securities that may become a recognised offer as set out in Part 1 of Schedule 10AA.

Chapter 8A—Asia Region Funds Passport

Part 8A.4—Notified foreign passport funds

Division 1—Becoming a notified foreign passport fund

8A.4.10  Rejecting a notice of intention—name of fund identical to another or unacceptable
 (1) For the purposes of subparagraphs 1213B(5)(a)(i), (ii), (iii) and (iv) of the Act, the rules for ascertaining whether a name is identical with another name are the rules set out in Part 1 of Schedule 6.
 (2) For the purposes of subparagraph 1213B(5)(a)(v) of the Act, a name is unacceptable for registration under the regulations if it is unacceptable under the rules set out in Part 2 of Schedule 6.

Division 4—Providing key information in relation to notified foreign passport funds

8A.4.40  Register of members—purposes for which a person may obtain and use a copy
  For the purposes of paragraph 1213K(2)(c) (and paragraph 1213L(3)(a)) of the Act, the following purposes are prescribed:
 (a) soliciting a donation from a member of a notified foreign passport fund;
 (b) soliciting a member of a notified foreign passport fund by a person who is authorised to assume or use the word stockbroker or sharebroker in accordance with section 923B of the Act;
 (c) gathering information about the personal wealth of a member of a notified foreign passport fund;
 (d) making an offer that satisfies paragraphs 1019D(1)(a) to (d) of the Act;
 (e) making an invitation that, were it an offer to purchase a financial product, would be an offer that satisfies paragraphs 1019D(1)(a) to (d) of the Act.
Note: Section 1019D of the Act deals with unsolicited offers to purchase financial products off‑market.

8A.4.45  Destruction of records by ASIC—period before documents may be destroyed
  For the purposes of paragraph 1213Q(b) of the Act, the period of possession is