4230 NEW ZEALAND GAZETTE, No. 147 29 SEPTEMBER 2011

(7) The Company must prepare management accounts every two months, which must be provided to the compliance reporter.

(8) The Company must prepare prospective financial statements, which will be supplied to the compliance reporter on a semi-annual basis, that:

(a) contain a forecast of cash flows over at least the next six months based on the reasonable expectations of the board of the Company as to what is likely to happen over this period;

(b) contain forecast statements of financial position as at the end of each of the next six months based on the reasonable expectations of the board of the Company as to what is likely to happen over this period;

(c) document the Company’s calculations and assumptions, and explain why the assumptions are appropriate;

(d) provides reasons when the forecast of cash flows shows a total net cash outflow in any month; and

(e) is signed by all directors of the Company, certifying that the forecasts are not known by the directors to be false and misleading.

Dated at Wellington this 28th day of September 2011.

ELAINE CAMPBELL, Head of Compliance Monitoring, Financial Markets Authority.

Authorised Futures Dealers (Strategic Capital Management Limited) Notice 2011

Pursuant to section 38 of the Securities Markets Act 1988, the Financial Markets Authority gives the following notice.

Notice

1. Title, commencement, and expiry—(1) This notice is the Authorised Futures Dealers (Strategic Capital Management Limited) Notice 2011.

(2) This notice comes into force on 1 October 2011.

(3) This notice expires on the close of 30 September 2014.

2. Interpretation—(1) In this notice, unless the context otherwise requires:

Act means the Securities Markets Act 1988.

agreed upon procedures engagement terms means a written agreement between the compliance reporter and the Company to perform specific procedures with respect to the Company’s compliance with rules contained in the Company’s compliance procedures.

bankruptcy or insolvency event means liquidation, receivership, administration, bankruptcy, admission to the no asset procedure under Part 5 of the Insolvency Act 2006, statutory management, or any similar event, whether occurring in New Zealand or in any other jurisdiction.

Company means Strategic Capital Management Limited.

compliance reporter means a qualified auditor who has entered into agreed upon procedures engagement terms with the Company.

discretionary investment management service has the meaning given to that term by section 12 of the Financial Advisers Act 2008.

generally accepted accounting practice has the meaning given to that term by section 3 of the Financial Reporting Act 1993, as if the Company was a reporting entity for the purposes of that section.

net tangible assets means the amount of the total tangible assets of the Company less its total liabilities as shown in a balance sheet for the Company which has been prepared in accordance with generally accepted accounting practice.

offence of dishonesty means:

(a) an offence described in any of sections 104, 105B, 108 to 117, and 217 to 266 of the Crimes Act 1961;

(b) an offence described in any of sections 15 to 20 of the Summary Offences Act 1981; or

(c) an offence under the laws of another jurisdiction which is equivalent to an offence referred to in paragraphs (a) or (b).

qualified auditor has the same meaning as in section 2C of the Securities Act 1978.

Regulations means the Futures Industry (Client Funds) Regulations 1990.

remuneration means any commission, fee or other benefit, whether pecuniary or non-pecuniary, and whether direct or indirect; but in the case of an adviser, does not include wages or salary which are of a fixed amount.

(2) Any term or expression that is defined in the Act or the Regulations and used, but not defined, in this notice has the same meaning as in the Act or the Regulations.

3. Authorisation—(1) The Company is authorised to carry on the business of dealing in futures contracts generally.

(2) The authorisation is subject to the conditions that:

(a) the Company does not enter into futures contracts with any person other than a person who has entered into a written agreement with the Company, and then only in accordance with the terms of that agreement;

(b) the Company does not hold money or client property in connection with dealing in futures contracts;

(c) any Company document that states the Company has been authorised by the Financial Markets Authority to carry on the business of dealing in futures contracts includes a statement to the effect that:

(i) the Financial Markets Authority’s role in authorising futures dealers is limited and does not imply approval or endorsement of the business, trading or solvency of the Company; and

(ii) the Financial Markets Authority has not approved any agreements or any disclosure documents of the Company;

(d) before the Company carries on the business of dealing in futures contracts on behalf of any person, the Company has provided that person with copies of the following: