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Regulatory
The regulatory environment in New Zealand is constantly evolving, and penalties for non-compliance ever increasing.
Our regulatory experts, including banking and finance, corporate, and litigation specialists, can help guide your business through this complex area.
We have significant experience providing regulatory advice and business solutions to clients across all aspects of market and financial services regulation, including anti-money laundering, financial markets conduct, fair trading, competition and anti-trust, credit contracts, consumer finance and FATCA.
Our clients include banks and other financial institutions, non-bank deposit takers, investment advisers and brokers, corporates, trustee companies, and government and quasi-government bodies.
Our work includes advising on durable compliance by registered banks with their conditions of registration, compliance with the prudential supervision standards applicable to banks and non-bank deposit takers, and the application of securities laws to financial institutions and trustee companies. We also advise on the regulation of trustee companies, financial service intermediaries (including investment advisers' and brokers' licensing, disclosure, and conduct obligations), and consumer financial services.
We can also assist with developing the right compliance procedures, appropriate documentation and compliance training programmes.
When things go wrong, our experts have significant experience acting throughout regulatory investigations and proceedings brought by the Financial Markets Authority, the Serious Fraud Office and other regulators.
Work Highlights
Financial Markets Authority
We are acting in proceedings against NZX-listed CBL Corporation Limited (In Liquidation) alleging breaches of IPO disclosure and continuous disclosure obligations in the Financial Markets Conduct Act 2013.
Peer-to peer lending
We advised on the establishment of New Zealand's first licensed peer to peer lending service, including all regulatory issues. We also acted on proceedings brought by the Commerce Commission under the Credit Contracts and Consumer Finance Act in relation to peer-to-peer lending platforms.
Macquarie Private Wealth New Zealand
We advised on regulatory issues relating to the acquisition of Macquarie Private Wealth New Zealand.
Credit Contracts and Consumer Finance Act.
Acting throughout proceedings brought by the Commerce Commission in relation to lender responsibility principles in the Credit Contracts and Consumer Finance Act.
Anti-money laundering
We have advised numerous clients on New Zealand's anti-money laundering legislation, including United States, European, and Asian banks in relation to accounts and payments involving New Zealand customers.
Interest rate swaps
We have defended claims made by the Commerce Commission and the Financial Markets Authority into alleged misleading representation, in relation to the marketing and sale of interest rate swaps.
Reserve Bank standards and policies
We have advised registered banks on their conditions of registration and on adherence to the Reserve Bank's prudential supervision standards and policies including the Code of Banking Practice
Data protection and privacy
We have advised United States, European, and Asian banks on New Zealand confidentiality, privacy, and data protection laws (including in relation to regional outsourcing, swap data reporting, and FATCA), and compliance with Reserve Bank's regulatory restrictions when marketing in New Zealand.
