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Disclosure Statement
I need a disclosure statement for a financial advisor outlining their qualifications, services offered, fee structure, and any potential conflicts of interest, ensuring compliance with New Zealand's Financial Markets Conduct Act.
What is a Disclosure Statement?
A Disclosure Statement helps companies and professionals be upfront about important facts their clients need to know. In New Zealand, these documents play a key role in financial services, real estate transactions, and business dealings by spelling out risks, fees, conflicts of interest, and essential business details.
Financial advisers must provide these statements under the Financial Markets Conduct Act, showing their qualifications, services, and any potential conflicts. Real estate agents use them to share property information, while companies preparing share offerings need them to give investors critical details about their business and associated risks.
When should you use a Disclosure Statement?
Financial advisers need a Disclosure Statement when taking on new clients or making significant changes to their services. This document becomes essential before providing any financial advice, recommending investment products, or managing client portfolios under New Zealand's Financial Markets Conduct Act.
Real estate agents must prepare these statements before listing properties or signing agency agreements. Business owners need them when seeking investors, applying for loans, or starting new ventures. The timing matters - provide the statement early enough for clients or investors to make informed decisions, but always before any binding agreements or transactions take place.
What are the different types of Disclosure Statement?
- Financial Service Provider Disclosures: Required for advisers and brokers, covering qualifications, fees, and conflicts of interest
- Property Transaction Disclosures: Used in real estate, detailing property conditions, defects, and material facts
- Investment Offer Disclosures: For companies raising capital, outlining business risks and financial details
- Credit Contract Disclosures: Used by lenders to explain interest rates, fees, and borrower rights
- Professional Service Disclosures: For lawyers, accountants, and consultants to clarify service terms and limitations
Who should typically use a Disclosure Statement?
- Financial Advisers: Must provide detailed statements about their services, fees, and potential conflicts to all clients
- Real Estate Agents: Required to prepare disclosures about property conditions and material facts for buyers
- Company Directors: Responsible for signing off on investment-related disclosures and ensuring accuracy
- Legal Professionals: Draft and review statements to ensure compliance with NZ regulations
- Compliance Officers: Monitor and update disclosure requirements across their organizations
- Business Owners: Need these when seeking investment or entering significant commercial arrangements
How do you write a Disclosure Statement?
- Company Details: Gather accurate business information, registration numbers, and contact details
- Service Scope: Document all services, products, or properties being offered
- Risk Factors: List potential risks, limitations, and conflicts of interest
- Financial Information: Compile relevant fees, costs, and payment terms
- Legal Requirements: Check current NZ regulations for your industry sector
- Plain Language: Write clearly without technical jargon or complex terms
- Internal Review: Have key stakeholders verify accuracy before finalizing
What should be included in a Disclosure Statement?
- Provider Details: Full legal name, business address, registration numbers, and licensing information
- Service Description: Clear outline of all services or products being offered
- Fee Structure: Comprehensive breakdown of all costs, charges, and payment terms
- Risk Disclosure: Material risks and limitations associated with the service or product
- Conflict Declaration: Any potential conflicts of interest or relationships that could affect service
- Privacy Statement: How client information will be collected, used, and protected
- Dispute Resolution: Process for handling complaints and resolving disputes
- Execution Block: Date, signature spaces, and witnessing requirements
What's the difference between a Disclosure Statement and a Non-Disclosure Agreement?
A Disclosure Statement differs significantly from a Non-Disclosure Agreement (NDA), though both deal with information sharing. While a Disclosure Statement proactively reveals important information to protect consumers or investors, an NDA restricts information sharing to maintain confidentiality.
- Purpose: Disclosure Statements inform and protect recipients by revealing key facts, while NDAs protect the disclosing party by preventing information leaks
- Timing: Disclosure Statements are provided before services or transactions begin; NDAs are typically signed before any sensitive information is shared
- Legal Requirements: Disclosure Statements are often mandatory under NZ financial and property laws; NDAs are voluntary business agreements
- Enforcement: Disclosure Statements focus on accuracy and completeness of information; NDAs emphasize confidentiality obligations and penalties for breaches
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