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ARTICLE · 27 MARCH 2009

Updated Exemption Makes Capital Raising Easier

The Securities Act (Short Form Prospectus) Exemption Notice 2009, which replaces the Securities Act (Short Form Prospectus) Exemption Notice 2002, came into force on Monday.

New ZealandFinance and Banking
Rachel Taylor
Rachel Taylor
Julie Harper
Julie Harper
Matt Kelleher
Matt Kelleher
Martin Wiseman
Martin Wiseman
Kate Young
Kate Young

The Securities Act (Short Form Prospectus) Exemption Notice 2009 (2009 Notice), which replaces the Securities Act (Short Form Prospectus) Exemption Notice 2002 (2002 Notice), came into force on Monday. The 2009 Notice retains the existing exemptions in the 2002 Notice, and adds new exemptions that have the effect of reducing securities law compliance for companies that are eligible to use a short form prospectus when issuing securities to their existing security holders.

Under the Securities Regulations 1983 (Regulations), it is recognised that a reduced level of information (in the form of a short form prospectus) is appropriate if a company offers equity, convertible or certain types of debt securities to existing investors (as those investors would generally be familiar with the company). Regulation 4 of the Regulations allows this reduced level of information on the basis that recent financial information has been provided to those security holders.

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