27 OCTOBER 2011 NEW ZEALAND GAZETTE, No. 163 4615

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

(a) the Company does not enter into specified 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) before the Company enters into a specified futures contract with any person, that person has received a disclosure document that contains the following information:

(i) the name and contact details of the Company;

(ii) information about any significant benefits to which a holder of a specified futures contract will or may become entitled, the circumstances in which and times at which those benefits will or may be provided, and the way in which those benefits will or may be provided;

(iii) information about any significant risks associated with holding a class or classes of specified futures contract;

(iv) information about:

A. the cost of a specified futures contract;

B. any amounts that will or may be payable by a holder of a specified futures contract in respect of that specified futures contract after its acquisition, and the times at which those amounts will or may be payable; and

C. the amount of any margins, whether initial margins or variation margins, which must be lodged with the Company in respect of that specified futures contract;

(v) information about any other significant characteristics or features of a specified futures contract or of the rights, terms, conditions and obligations attaching to a specified futures contract;

(vi) general information about any significant taxation implications associated with a specified futures contract;

(vii) a statement describing how other information relating to a specified futures contract that is made available by the Company to holders or prospective holders of a specified futures contract, or to people more generally, may be accessed;

(viii) a description of the treatment of client money or property received, held or otherwise dealt with in connection with dealing in specified futures contracts, including any margin paid to the Company in connection with a specified futures contract;

(ix) the date of the disclosure document; and

(x) any other material matters applicable to a specified futures contract;

(c) every advertisement for a specified futures contract must refer to a disclosure document that relates to the specified futures contracts referred to in the advertisement;

(d) no advertisement shall contain any information, sound, image or other matter that is inconsistent with any disclosure document referred to in the advertisement;

(e) before the Company provides any advice or discretionary investment management service to any person in relation to a futures contract, the Company has provided that person with an adviser disclosure statement which clearly sets out the following information:

(i) The name and contact details of the Company;

(ii) a statement to the effect that that advice on futures contracts is regulated under the Company’s authorisation as a futures dealer and is not regulated under the Financial Advisers Act 2008;

(iii) the types of products the Company deals in, and if advice on any product is only provided by some advisers, which advisers can provide advice on each product;

(iv) a description of how the Company and its advisers are remunerated for futures dealing services;

(v) a description of any other factors which may materially influence the advice given by the Company or its advisers;

(vi) details of any bankruptcy or insolvency event occurring in the past five years in respect of the Company or one of its advisers;

(vii) details of any disciplinary or criminal proceedings resulting in an adverse finding in the past five years in respect of the Company or one of its advisers;

(viii) details of any conviction for an offence of dishonesty against any of the Company’s advisers;

(ix) a description of the internal and external disputes resolution schemes available to the client, and an explanation of how to make a complaint; and

(x) a description of the Financial Markets Authority’s role in authorising futures dealers, and details of how to contact the Financial Markets Authority;

(f) 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;

(g) the Company must at all times ensure that each director, employee or agent of the Company understands, and may reasonably be expected to comply with, all laws and regulations which are applicable to the Company, including all requirements of this authorisation;

(h) the Company must at all times ensure that each director, employee or agent of the Company who provides advice or discretionary investment management services in relation to futures contracts:

(i) exercises the care, diligence and skill that a reasonable adviser would exercise in the same circumstances;