4232 NEW ZEALAND GAZETTE, No. 147 29 SEPTEMBER 2011

(iv) a copy of the compliance reporter’s semi-annual reports to be sent to the Financial Markets Authority by the
compliance reporter; and
(v) the compliance reporter to give notice to the Financial Markets Authority before, or immediately upon, it
resigning or retiring from its position as compliance reporter;
(l) the Company maintains adequate professional indemnity insurance for its business at all times;
(m) the Company must at all times be able to pay its debts as they become due in the normal course of business;
(n) the Company must at all times maintain net tangible assets of $50,000.00;
(o) the Company maintains proper accounting records, which are adequate to explain all transactions entered into by the
Company and to enable the Company to prepare financial statements in accordance with generally acceptable
accounting practice;
(p) the Company’s financial statements are prepared in accordance with generally accepted accounting practice and are
audited at least once a year by a qualified auditor under the Financial Reporting Act 1993;
(q) the Company sends a copy of its audited financial statements to the Financial Markets Authority not more than three
months after the end of each financial year;
(r) the Company maintains proper records of dealing in futures contracts on behalf of clients, including the nature of any
advice given to a client;
(s) the Company keeps its business records, including those referred to in clauses 3(2)(o) and (r), up to date, and in a form
which enables those records to be made available for inspection by the Financial Markets Authority or the compliance
reporter promptly on request; and
(t) the Company immediately notifies the Financial Markets Authority in writing of any material matter concerning the
Company’s authorisation as a futures dealer, including the following events:
(i) the insolvency of the Company or the bankruptcy of any of its directors;
(ii) where the Company has failed to comply, or believes it will fail to comply, with the financial requirements set
out in clause 3(2)(m) or (n);
(iii) where a receiver, provisional liquidator, liquidator or a similar officer is appointed, or any resolution is passed or
order made for the liquidation or dissolution of the Company;
(iv) if the Company, or any of its directors, is convicted of an indictable offence;
(v) any regulatory action taken against the Company, or any of its directors or senior management whether in
New Zealand or elsewhere;
(vi) if there is any material change to the nature of the business activities undertaken by the Company;
(vii) if there is any change to the shareholding, or ultimate beneficial ownership, of the Company; and
(viii) if any director or member of the senior management leaves the Company or if any new director or member of
senior management is appointed to the Company.

Dated at Wellington this 28th day of September 2011.
ELAINE CAMPBELL, Head of Compliance Monitoring, Financial Markets Authority.
au6787

The Authorised Futures Dealers (Edge Capital Markets 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 (Edge Capital Markets 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 Edge Capital Markets 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 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: