27 OCTOBER 2011 NEW ZEALAND GAZETTE, No. 163 4619

(g) the Company has complied with the conditions 3(3)(f) and (g) of this notice regarding handling client money (including any client money which is applied as a margin in respect of a client’s contract) and property, and recording client money and property and client dealing.

(6) If the directors are unable to certify that, after due inquiry, they are satisfied that each statement contained in 5(5) is true, the directors of the Company must prepare a memorandum to explain the circumstances which prevent the directors from providing that certification, and that memorandum should contain or attach all information and documents which are necessary to fully explain those circumstances.

(7) The Company must prepare prospective financial statements, which will be supplied to the Auditor 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 two directors of the Company on behalf of all directors, certifying that the forecasts are not known by the directors to be false and misleading.

6. Transitional provisions

(1) From the commencement of this notice until 31 March 2012, the Company’s Prescribed Liquid Funds Amount is $700,000.00.

(2) From the commencement of this notice until 31 March 2012, the Company may include loans and advances to, or amounts owing by, a related party or associate in excess of 20% of total tangible assets, provided that:

(a) every advance which is included complies with clause 4(7)(a) and (b); and

(b) the Company applies an additional discount (after applying the discount in clause 4(8) to the full amount) equal to any amount by which the undiscounted amount exceeds the amount shown in the Company’s audited financial statements as at 31 March 2011.

(3) From the commencement of this notice until 31 December 2011, the Company is not required to calculate its surplus liquid assets on a daily basis in accordance with clause 5(4)(a), provided that the compliance officer is otherwise satisfied that the Company remains in compliance with the capital adequacy condition contained in clause 4.

(4) From the commencement of this notice until 31 January 2012, the Company is not required to submit monthly reports to its Auditor. For the avoidance of doubt, the Company is required to submit to its Auditor, during the first 10 working days of February 2012, a monthly report relating to the month of January 2012.

(5) The certificate attached to the first monthly report submitted by the Company to its auditor must relate to the period from the commencement of this notice to the last day of the month in respect of which that report is submitted.

Dated at Wellington this 25th day of October 2011.

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

au7456

The Authorised Futures Dealers (Centurion Finance 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 (Centurion Finance Limited) Notice 2011.

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

(3) This notice expires on the close of 31 October 2014.

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

Act means the Securities Markets Act 1988.

advertisement has the meaning given to it in section 2A of the Securities Act 1978, except that every reference to securities should be read as a reference to specified futures contracts, and every reference to the issuer should be read as a reference to the Company.

adviser means a director, employee or agent of the Company who provides, or may provide, futures adviser services to a client.

Auditor means the qualified auditor who has been appointed by the Company and entered into agreed upon procedures with the Company in accordance with clause 5(1) and (2) of this notice.

Company means Centurion Finance Limited (company number 296484).

disclosure document means a written document that describes and contains the offer of, and relates specifically to, a particular class, or particular classes, of the specified futures contracts.

futures adviser service means a service provided by or on behalf of the Company in relation to a specified futures contract that would, but for section 14(1)(n) of the Financial Advisers Act 2008, constitute financial advice or a discretionary investment management service under that Act.

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; and

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