Financial Services Regulation - September update
September 03, 2018
Contacts
Our monthly Financial Services Regulation Update highlights the key developments affecting the financial services sector.
Three key areas we focus on this month are:
Money laundering
The AML/CFT Regulations have been amended to make specific provision for real estate agents and auctioneers (who become subject to the AML/CFT Act in January).
A new Statutes Amendment Bill will amend the AML/CFT Act to empower GCSB to set up fake or anonymous facilities for law enforcement, and will authorise the disclosure of information obtained under the FSP Act. The Bill will also update the Terrorism Suppression Act to bring it into line with the AML/CFT Act’s suspicious activity reporting regime.
PPSA
The new PPSR register and website launch on 1 October 2018. The Companies Office is offering training sessions in September to help secured parties make the transition.
As part of the changes, PPSR registrations against companies, limited partnerships, and most other organisations will contain the debtor’s NZBN, and the NZBN will become a search field. The Regulations have been amended to provide for this. The Registrar will assist secured parties to add NZBNs to existing registrations within the transitional period.
Companies
The Takeovers Panel has updated its guidance on schemes of arrangement and amalgamations under Part 15 of the Companies Act 1993.
A Bill clarifying the dividend rules for“dry shares” has had its first reading, and is currently with the Select Committee. Submissions close 27 September 2018.
The maximum priority amount that applies to certain preferential claims by a company’s employees in a liquidation is being increased.
For a full copy of this month's update, please register on our law guides page here.
