Asia Region Funds Passport

How participants to the Asia Region Funds Passport manage offers

Participants to the Asia Region Funds Passport may be able to extend an offer that is registered in their own country into New Zealand, and a New Zealand issuer may be able to extend an offer that is registered in New Zealand into those countries.

Overseas issuers

Financial Markets Conduct Act 2013

Offers are made under the Funds Passport provisions of the Financial Markets Conduct Regulations 2014 (FMC Regulations). The offeror must first be approved by the Financial Markets Authority as a Funds Passport, and then register the offer and all documents required by the FMC Act and FMC Regulations online on the Disclose Register.

Visit FMA’s website for information on the approval process [link to FMA content]

Visit the Disclose Register website for information on the FMC Act, including forms, or to make an offer under the Asia Region Funds Passport regulations.

Details of most offers will be publicly viewable on the Disclose Register, however the overseas offeror will be recorded on the Companies Office overseas issuer (offeror) register.

Ongoing compliance obligations

An offeror has ongoing filing obligations under the Asia Region Funds Passport regulations.

Visit the Disclose Register website for more information on the FMC Act and FMC Regulations.

New Zealand issuers

Financial Markets Conduct Act 2013

A New Zealand issuer must first be approved by the FMA as a Funds Passport before lodging notice of their intention to make an offer under the Asia Region Funds Passport regulations with the Registrar of Financial Service Providers. Registration is online.

Visit FMA’s website for information on the approval process [link to FMA content]

Visit the Disclose Register website for more information on the FMC Act, including the notice of intention form, or to make an offer under the Asia Region Funds Passport regulations.

Ongoing compliance obligations

A New Zealand issuer has ongoing filing obligations under the Asia Region Funds Passport regulations.

Visit the Disclose Register website for more information on the FMC Act and FMC Regulations.

Financial statements

A New Zealand issuer has an annual obligation to file audited financial statements, within 4 months of their financial reporting balance date, with the Registrar of Financial Service Providers under section 461H of the FMC Act.

If the issuer is a company, the financial statements will need to be registered on the Companies Register.

If the issuer is an ‘other registered’ entity (i.e. a credit union), the financial statements will need to be delivered in hardcopy to the Companies Office for registration.

The fee for filing financial statements is NZ$256.45.