Experience

​We have advised:

  • a number of New Zealand’s largest banks, wealth managers, discretionary investment managers and derivatives issuers (including AMP, ANZ, BNZ, Westpac, Fisher Funds and Nikko Asset Management) on their FMCA transition, licensing, compliance, documentation and governance in response to what has been described as a ‘once in a generation’ rewrite of New Zealand’s securities law
  • financial services providers (including AMP, ANZ, HSBC and Westpac) on the full range of legislation governing their operations, including the Financial Advisers Act (FAA), Financial Service Providers (Registration and Dispute Resolution) Act (FSPA), anti-money laundering (AML) laws, insurer prudential supervision laws and non-bank deposit taker laws
  • foreign offerors of financial products and services (including Lloyds Banking Group, HSBC group, Bank of America and Merrill Lynch) on their compliance with New Zealand law, in particular their compliance with New Zealand’s securities, licensing and registration laws and the trans-Tasman mutual recognition regime
  • on dealing with regulators (including the Financial Markets Authority, the Reserve Bank, NZX, the NZ Markets Disciplinary Tribunal, Takeovers Panel and Companies Office) on general interactions, policy submissions and threatened enforcement actions, including assisting with response strategy, legal analysis, compliance advice, exemptions, waivers, compromises and, if needed, litigation defence
  • on acquisitions and restructurings of financial services businesses (including acquisitions of Tower Life by Foundation Life, 50% of OnePath by ANZ, five separate KiwiSaver Schemes by Fisher Funds and the National Bank funds and insurance business by ANZ), covering also the regulatory requirements associated with such transactions
  • fund managers, supervisors, derivatives issuers and DIMS providers on licensing requirements under the Financial Markets Conduct Act investment and retirement savings product establishment, development and ongoing compliance
  • numerous financial advisers, brokers and custodians on their responsibilities under the Financial Advisers Act and regulations
  • a number of financial institutions (including registered banks) on compliance requirements arising under Anti-Money Laundering and Countering Financing of Terrorism Act (AML/CFT)
  • financial institutions and industry organisations on the identification and management of their obligations under offshore legislation including the US Foreign Account Tax Compliance Act (FATCA), Automatic Exchange of Information (AEOI) and Common Reporting Standard (CRS)
  • on the requirements of the Non-Bank Deposit Takers Act, including on how it affects foreign offerors of loans and deposits to persons in New Zealand
  • domestic and international insurers on the compliance, licensing and governance requirements of the Insurance (Prudential Supervision) Act
  • NZX listing rule compliance
  • on various investment management, administration and custody service contracts
  • on financial service provider governance, due diligence programmes and compliance processes, and
  • on regulatory investigations and inquiries, threats of enforcement actions and dispute resolution.
Corporate & commercial; Corporate governance; Equity capital markets; Finance; Funds, KiwiSaver & superannuation; Insurance; Litigation & dispute resolution; Public law; Regulatory law

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Banks & financial institutions

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