A controlling owner of a financial service provider (FSP) is any person (including another company or entity) who beneficially owns 50% or more of the FSP.
For the purposes of the FSPR, the controlling owner is the person who enjoys the benefits of owning the majority interest in the FSP, not necessarily the person named in official documents – such as a company’s share register – as the legal owner. The beneficial owner is not always the registered owner (often otherwise known as the nominee owner).
The name of the controlling owner will not be made public on the FSPR. It is collected by the Registrar for the purposes of disqualification checks.
WHO IS A SENIOR MANAGER?
A senior manager of a financial service provider is a person who is not a director but occupies a position that allows the person to exercise significant influence over the management or administration of that provider (for example, a chief executive or a chief financial officer), and to be the link between the company and FSPR, engaged to provide regular and annual reports as legally required.
WHO MUST REGISTER AS A FINANCIAL SERVICES PROVIDER?
Entities and individuals who (a) live or have a place of business in New Zealand; and (b) are in the business of providing financial services (in New Zealand or overseas) must register to provide that particular financial service on the FSPR.
Those entities and individuals will have to register as a financial service provider (FSP) by 1 December 2010, or 31 March 2011 for financial advisers.
The meaning of ‘financial service’ is defined in section 5 of the Financial Service Providers (Registration and Dispute Resolution) Act 2008. There are some exceptions set out in section 7 of the Act, such as lawyers and accountants who provide financial services as an incidental part of their business.
A controlling owner of a financial service provider (FSP) is any person (including another company or entity) who beneficially owns 50% or more of the FSP.
For the purposes of the FSPR, the controlling owner is the person who enjoys the benefits of owning the majority interest in the FSP, not necessarily the person named in official documents – such as a company’s share register – as the legal owner. The beneficial owner is not always the registered owner (often otherwise known as the nominee owner).
The name of the controlling owner will not be made public on the FSPR. It is collected by the Registrar for the purposes of disqualification checks.
WHO IS A SENIOR MANAGER?
A senior manager of a financial service provider is a person who is not a director but occupies a position that allows the person to exercise significant influence over the management or administration of that provider (for example, a chief executive or a chief financial officer), and to be the link between the company and FSPR, engaged to provide regular and annual reports as legally required.
WHO MUST REGISTER AS A FINANCIAL SERVICES PROVIDER?
Entities and individuals who (a) live or have a place of business in New Zealand; and (b) are in the business of providing financial services (in New Zealand or overseas) must register to provide that particular financial service on the FSPR.
Those entities and individuals will have to register as a financial service provider (FSP) by 1 December 2010, or 31 March 2011 for financial advisers.
The meaning of ‘financial service’ is defined in section 5 of the Financial Service Providers (Registration and Dispute Resolution) Act 2008. There are some exceptions set out in section 7 of the Act, such as lawyers and accountants who provide financial services as an incidental part of their business.
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