August 16th, 2010
In a word, yes. Let me explain.
Be very careful next time you feel like saying….
“well of course you would want to invest in a rental property….when compared to….Exhibit A ….Exhibit B or Exhibit C”
If you do make such a statement, and you are not a qualified person under the new Act, you could very well find yourself in serious trouble, possibly in contravention of the new Financial Advisers Act 2008.
In case you are unsure about this, the words in the FAQ over at the NZ Securities Commission website say;
“…..only Authorised Financial Advisers can give advice on Category 1 products.”
And yes, Real Estate is included in the list of Category 1 products, as in;
Category 1 products are securities (for example shares and many types of investment products), any estate or interest in land, and futures contracts.
They spell it out pretty clearly too….
Q: What is financial advice?
A: The Act covers people who are in the business of giving financial advice, making investment transactions or providing a financial planning service. For the purposes of the Act, people give financial advice if they make a recommendation, or give an opinion or guidance in relation to acquiring, holding or disposing of a financial product. Providing factual information only about a financial product, in the absence of any recommendation, opinion or guidance, would not be considered financial advice.
I’ve highlighted above in orange the “interesting” bits.
So if you believe that you could find yourself accidentally saying something like that mentioned in the first sentence up above, or have said it already, then I suggest you head on over to the Securities Commission site. (link below)
And once there, make sure you are very familiar with the new Financial Advisers Act (FAA) 2008. (there’s plenty of links to the actual Act but more importantly, plenty of down to earth info in the FAQ section written in easily understood plain English)
Alternatively if you want your 15 minutes of fame, having your name or photo broadcast by the media on the nightly news as a result of them publicizing a court case about the 1st NZ Real Estate salesperson charged under the new Act, (which becomes 100% operational on 1st Dec 2010) then ignore what I have cautioned about at your peril.
You may have noticed this in one of the Sunday papers. Let not yourself be one of the first to help establish precedents / case law for these new Acts.
NZ Securties Commission Financial Advice Section – FAQ regarding new Financial Advisers Act 2008**
** NOTE – Changes were made to the Financial Advisers Act by Parliament on 23 June 2010. As a result, the following (link above) material is currently under review by the Securities Commission.