4174 NEW ZEALAND GAZETTE, No. 142 29 NOVEMBER 2012

(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 dispute 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 takes reasonable steps to ensure at all times 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 takes reasonable steps to ensure at all times that each adviser who provides futures adviser services to a client:

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

(ii) has the competence, knowledge and skills to provide futures adviser services to that client, and in respect of the relevant specified futures contract;

(iii) places the interests of the client first, and acts with integrity, in providing the futures adviser services;

(iv) ensures that the client has sufficient information, in a form which enables the client to understand that information, to make an informed decision about the futures adviser service and the specified futures contracts to which that futures adviser service relates;

(v) ensures that the client understands whether or not any advice given takes into account the personal circumstances of the client; and

(vi) does not act in any way, or make any omission, which would bring the financial services profession, or any part of it, into disrepute;

(i) the Company complies with Regulations 3 to 8, 14 to 17 and 22 to 24 of the Regulations as if the Company were a dealer for the purposes of those Regulations, and must, when a client’s position in respect of a specified futures contract is closed out, promptly pay any money owing to the client under that specified futures contract into a client bank account;

(j) the amount of a client’s margin which is withdrawn from the client bank account in relation to a particular specified futures contract does not exceed the lesser of:

(i) the amount described in the disclosure document relating to that specified futures contract in accordance with clause 4(4)(d) of this notice; and

(ii) the amount of margin payable by the Company to an approved counterparty in respect of a contract entered into by the Company to back off its exposure under the specified futures contract in respect of which the client has paid that margin;

(k) the Company maintains proper records:

(i) to record dealings in respect of specified futures contracts with clients;

(ii) to record client money or property received, held or otherwise dealt with in connection with dealings in specified futures contracts; and

(iii) which are audited or reviewed, and reported on, in accordance with the Regulations;

(l) the Company’s financial statements are prepared and registered as if the Company is an issuer in terms of the Financial Reporting Act 1993 and are audited at least once a year by a qualified auditor under the Financial Reporting Act 1993;

(m) 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;

(n) the Company at all times meets the capital adequacy requirements set out in clause 5 of this notice;

(o) the Company at all times meets the reporting requirements set out in clause 6 of this notice;

(p) the Company maintains adequate professional indemnity insurance for its business at all times;

(q) the Company must, within three months after the end of each financial year that commences after this notice comes into force, give a report to the Financial Markets Authority on the extent to which it has complied with its obligations under this notice in that financial year;

(r) the Company must promptly provide to the Financial Markets Authority any information held by the Company which is requested by the Financial Markets Authority, for the purposes of any enquiry or investigation, or for the purpose of supervision of the Company in connection with the Company’s obligations under this notice; and

(s) 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: