New Zealand authorized financial activities
New Zealand Financial Services Providers Register (FSPR) license
TBA provides a turnkey solution for financial licensing. To facilitate your process of applying for a New Zealand Financial Services Providers Register license, we will:
- Promote your application to the New Zealand regulators.
- Assist with answering questions regarding the application process and requirements.
- Draft and review application documents and questionnaires.
- Follow up with the application and ensure the submission of additional information required by the related departments in New Zealand.
Permissions
Broking service;
Financial adviser service;
Acting as a deposit taker;
Keep, investing, administering, or managing money, securities, or investment portfolios on behalf of other persons;
Provide credit under a credit contract;
Operating a money or value transfer service;
Issue and managing means of payment;
Giving financial guarantees;
Changing foreign currency;
Entering into derivative transactions, or trading in money market instruments, foreign exchange, interest rate and index instruments, transferable securities and futures contracts on behalf of another person.
Activities covered by FMA
Derivatives issuers
Derivatives issuers are brokers offering forex and CFD products. The licensing requirements are strict because forex and CFDs are complex products associated with high risks and typically used by self-directed traders. Only a handful of derivatives issuers are licensed in New Zealand.Crowdfunding
Crowdfunding services as defined by FMA are platforms that raise funds from investors in exchange for equity in a company, i.e. shares. This scheme is known as equity-based crowdfunding. Equity crowdfunding platforms in New Zealand are not required to be licensed, but they can voluntarily apply for a license that offers credibility and other benefits.Peer-to-peer lending
The FMA defines peer-to-peer lending services as platforms that enable one person to issue debt security to another. Essentially, one person can loan money to another person and earn interest from the loan repayments. Although the FMA does not require peer-to-peer lending services to be licensed, there is an option to be licensed. Platforms that are not licensed need to take additional product disclosure steps.Financial advisers
A financial adviser is a professional who is qualified to provide advice and recommendations on managing your finances, selecting insurance products, mortgages & loans, investments and other financial services. Anyone giving financial advice must be licensed by the FMA or be covered by the license of a financial advice provider (FAP). It’s important to work with licensed financial advisers because they are required to follow a Code of professional conduct.Discretionary investment management service (DIMS)
A discretionary investment management service is someone appointed to make trading and investment decisions on behalf of someone else. A DIMS is sometimes referred to as a money manager. With a DIMS licence, the provider can go a step more than just giving advice, as they can make investment decisions without first consulting the investor.Managed investment scheme (MIS)
A managed investment scheme is a managed fund that pools multiple investors’ money and manages it collectively. A managed investment scheme is also known as a collective investment scheme.Market operator
A market operator is an exchange, for example, the New Zealand Exchange (NZX). Market operators are any marketplace that facilitates buying and selling of financial instruments, such as shares of public companies and dairy derivatives. There are six licensed market operators in New Zealand, which include the Australian Securities Exchange, Singapore Exchange, ICE Futures US and ICE Futures Europe.
Products and services NOT by the FMA
Brokers
Crypto assets
Buying and selling a property
Credit and debt
Banks, building societies, credit unions and insurance providers
FMA vs Financial Services Provider Register (FPSR) vs Disputes Resolution Schemes (DRS)
FPSR
The Financial Services Provider Register (FSPR)was established in 2008. The purpose of the register is to provide a public and easily searchable database of financial services providers.
The FSPR is managed by the Companies Office, not the FMA, and does not grant permission to operate a regulated business. Financial services companies licensed by the FMA must be registered on the FSPR, bar a few rare exceptions. However, companies listed on the FSPR are not necessarily licensed or authorised. Some activities, particularly services that are only provided to wholesale clients such as other businesses, don’t need to be licensed but still need to be registered as an FSP.
The FSPR only mandates that a company be incorporated in New Zealand, follow local business laws, file annual reports to the registrar, and ensure the shareholders and directors maintain clean criminal records, are considered fit and proper, remain solvent and disclose any political associations.
The FSPR was established with the dispute resolution scheme (DRS). Some FSP and FMA-licensed companies need to be a member of a DRS. A prerequisite to joining a DRS is registering with the FSPR.
DRS
A dispute resolution scheme is responsible for resolving disputes between consumers and financial services providers. If you encounter an issue, your first port of call should be to make an official complaint to your financial services provider. If they do not resolve your dispute, the next step is to submit a complaint to their DRS. Not everyone can complain via a DRS. Only individual customers of an FSP or small organisations with 19 or fewer full-time equivalent employees can complain to a DRS. There are four approved DRSs in New Zealand: Banking Ombudsman (BOS), Insurance and Financial Services Ombudsman (IFSO), Financial Services Complaints Ltd (FSCL) and the Financial Dispute Resolution Service (FDR). Each DRS is specialised in specific financial services. If your FSP is not a member of a DRS, then you can submit your complaint to the FMA.
Our company licensing services
— What we do and do not do
Our company is EXCLUSIVELY engaged in assisting worldwide clients, either individuals or corporate entities, to get duly and properly licensed with local Regulators and Financial Authorities to get respective official licenses to legally carry out their cryptocurrency or financial related business activities.
TBA & Associates Tax Business Advisors does not provide or carry out any sort of Cryptocurrency or Financial services!
Disclaimer: While TBA & Associates strives to make the information on this website as timely and accurate as possible, the information itself is for reference purposes only. You should not substitute the information provided in this article for competent legal advice. Feel free to contact TBA Customer Services for advice on your specific cases.