Dentons New Zealand

Financial Markets

Senior Associate

Mark is a senior associate in our financial markets team specialising in investment funds (including KiwiSaver and superannuation), insurance, innovation, and financial product and services regulation.

Having worked on both sides of the fence, private practice and in-house at the regulator, Mark offers a broad perspective on the ins and outs of the Financial Markets Conduct regime. Advising on all aspects of the regime, he has worked extensively on disclosure, governance, licensing, and supervisory matters. This includes drafting and review of product disclosure statements, drafting and advice on governing documents, and advice on fair dealing, custody, and financial reporting requirements.

Mark has an in-depth knowledge of the licensing requirements and ongoing compliance obligations for managed investments schemes, derivative issuers, DIMS, financial advice providers, intermediary services (peer-to-peer and crowdfunding), and supervisors. Mark also has experience with financial product market obligations, including whether a licence is required to operate a market facility.

A particular focus for Mark are innovative products and offers. As well as helping develop regulatory guidance, he has liaised with various FinTech and start-up entities in relation to bespoke MIS products, exchanges and investment platforms, and offers utilising the Schedule 1 exclusions of the Financial Markets Conduct Act (such as wholesale and small offers). He can also assist these entities with risk disclosure and client fund arrangements as well as financial service provider and AML/CFT matters.

Mark helps insurers develop and draft policies along with the review of related marketing material and website content. He also provides advice on licensing and prudential supervision matters, including regulatory reform.

Having previously worked at the regulator, Mark has drafted numerous exemptions to facilitate tailored disclosure, licensing, and reporting obligations. This includes drafting exemptions to create bespoke disclosure requirements for initial public offers, restructures, takeovers, schemes of arrangement, and hybrid MIS-debt products.

He is well versed with FMA requests to supply information and produce documents (section 25 notices) and how to respond to them.

Mark has considerable experience with licensed entities facing regulatory enforcement action (warnings, censures, action plans, and directions through to suspensions, cancellations, direction orders, and stop orders). He can provide tailored advice to help clients negotiate this tricky territory and respond to these actions including drafting submissions, hearing preparation, alternative methods of resolution, and agreed compliance improvements.

English

Institute of Finance Professionals New Zealand (INFINZ)

Victoria University of Wellington, 2004, Bachelor of Laws (Honours)

Victoria University of Wellington, 2002, Bachelor of Arts, History and Geography

Admitted: Barrister and Solicitor, High Court of New Zealand, 2006