NEW ZEALAND GAZETTE, No. 143 — 27 NOVEMBER 2014

3 Authorisation—(1) The company is authorised to carry on the business of dealing in specified futures contracts to which the company is, or intends to be, a party.

(2) The authorisation in this clause 3 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. the company is licensed as an Australian Financial Services Licensee under the Corporations Act 2001 and holds an AFS Licence that authorises the company to advise retail and wholesale clients on, and to deal with retail and wholesale clients in, specified futures contracts;

c. the company notifies the FMA if the company’s AFS Licence is varied or revoked and notifies the FMA of any regulatory action taken by ASIC in relation to its AFS Licence;

d. there is a product disclosure statement relating to the specified futures contracts at the time that the specified futures contracts are made available to New Zealand investors or the company gives advice or assistance to, or induces or attempts to induce, New Zealand investors in relation to the acquisition or disposal of any specified futures contracts;

e. before the company enters into a specified futures contract with any person, that person has received copies of the following:

i. a product disclosure statement relating to that specified futures contract; and

ii. every supplementary product disclosure statement relating to that specified futures contract in use at the time of the entry by the company into the specified futures contract;

f. the company must hold client funds in a segregated client funds account as if the funds were subject to the provisions of its AFS Licence, the Corporations Act 2001 and any regulations made under the Corporations Act 2001 in relation to the protection of client money and client property;

g. the company maintains proper records:

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

ii. to record client money, funds and property held or received in connection with dealings in specified futures contracts; and

iii. that are audited or reviewed, and reported on, in accordance with the company’s AFS Licence;

h. the company provides the FMA with a copy of the company’s audited financial statements no later than three months after the end of each of its financial years;

i. before the company provides any personalised futures adviser service to any retail client in relation to a specified 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 dispute resolution schemes available to the client, and an explanation of how to make a complaint; and

x. a description of the FMA’s role in authorising futures dealers, and details of how to contact the

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