NEW ZEALAND GAZETTE, No. 143 — 27 NOVEMBER 2014

FMA;

j. 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;

k. the company maintains professional indemnity insurance for its business at all times to the level required by its AFS Licence;

l. the company maintains at all times an external dispute resolution scheme that is available to its New Zealand clients who are members of the public;

m. any company document that states the company has been authorised by the FMA to carry on the business of dealing in futures contracts includes a statement to the effect that:

i. the FMA’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 FMA has not approved any agreements or any disclosure documents of the company;

n. the company immediately notifies the FMA in writing of any of the following events:

i. the insolvency of the company or the bankruptcy of any of its directors or senior management;

ii. if the company, or any of its directors or senior management, is convicted of an indictable offence;

iii. where a receiver, provisional liquidator, liquidator or a similar officer is appointed, or any resolution is passed or order made for the winding up or dissolution of the company;

iv. any regulatory action taken against it, or any of the company’s directors or senior management, whether in New Zealand or elsewhere;

v. if any director or senior manager leaves the company or if any new director or member of senior management is appointed to the company; and

vi. if any auditor’s report prepared in accordance with the company’s AFS Licence shows any non-compliance with that AFS Licence or the Corporations Act 2001; and

o. the product disclosure statement for the specified futures contracts to be entered into by the company is accompanied by statements or information to the following effect under the heading Important Information for New Zealand Investors:

i. the name and address of the company (unless the information is provided in the product disclosure statement);

ii. that the company may not be subject in all respects to New Zealand law;

iii. information describing how returns to New Zealand investors are likely to be affected by New Zealand taxation rules and how, as a result, any returns to New Zealand investors may differ from the returns for Australian investors described in the product disclosure statement;

iv. that, despite the information provided under paragraph iii., investors should satisfy themselves as to the tax implications of entering into the specified futures contracts;

v. that entry into the specified futures contracts may carry with it a currency exchange risk;

vi. that the financial reporting requirements applying in New Zealand and those applying in respect of

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