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Bona Fide or Bogus? New Zealand FX Broker Registration Minefield Explained
Bona Fide or Bogus? New Zealand FX Broker Registration Minefield Explained
by
Andrew Saks McLeod
New Zealand has become a very popular destination for FX brokers to establish operations with close proximity to important markets. Care is required, however, when selecting a consultancy to assist with establishment.
New Zealand has become a jurisdiction which is attractive for establishing a retail FX company, due to its relative ease of access, low start-up costs and close proximity to financial markets within the Asia-Pacific region.
Historically, companies and individuals wishing to offer FX services within New Zealand were faced with minimal bureaucracy and did not even need to have an office in the region.
A change came in January this year, when New Zealand's government took the steps to ensure that all firms operating in the antipodean nation meet more rigid qualifications. Some of these new demands include that the company should have not only physical office premises there, but also senior staff based onsite, with specific roles that support the operating model of the company, such as compliance director, operations director and a fully operational back office team entrusted with keeping customer records according to regulatory stipulations.
Checking The Correct Boxes
One year on, companies with an interest in establishing in New Zealand are able to do so with the assistance of a growing number of professional services consultancy firms which can assist brokers with meeting the correct criteria and ultimately gaining the license to operate in the region.
The line which these practices take is that a broker pays a single fee to the individual offering the service. The individual then promises to provide the broker with full New Zealand licensing, but instead the broker is placed on the New Zealand Financial Services Provider register which does not constitute regulation. Therefore, without physical offices and the correct key personnel in place, the broker would be subject to striking off by the New Zealand Companies Register after an audit at the end of the financial year.
No Recourse
Indeed, there is little, if any, recourse against such practice, because there is no regulatory body or ombudsman which covers such consultancy services. On this basis, the responsibility to conduct due diligence when selecting a consultancy firm, lies firmly with the broker itself. With this potential pitfall in mind, it is important to ascertain how to select a firm which will carry the task out correctly.
Forex Magnates spoke to industry sources in New Zealand, one of whom is the CEO of a professional services consultancy offering such services to FX firms, who explained that "Brokers should be aware that consultancies which aim to gain licenses for FX firms to operate in New Zealand, but do not ensure that the broker has any services at that address, will cause the broker to get into legal trouble".
The source continued that, "If a consultancy charges a firm a fee in order to complete the Financial Services Provider registration on behalf of an FX broker, while that broker does not have a real operation in New Zealand, then the broker runs the risk of losing the registration when the Companies Office conducts its first inspection."
Indeed, a further matter worthy of consideration is that a straightforward registration on the list of financial services providers does not constitute regulatory adherence, as in New Zealand, market participants are required to be regulated by the official national regulatory authority which is New Zealand Financial Markets Authority. Therefore, rendering the payment of a consultancy to simply conduct FSP registration, without satisfying the criteria laid out by the Financial Markets Authority regarding foreign exchange dealers is a white elephant.
"Although New Zealand is an excellent jurisdiction in which to register, as it is cheaper and easier to access than Australia, it is, in my opinion, not worth being regulated by the Financial Markets Authority. It is better to remain in New Zealand under registered status on the FSP, but if full regulatory oversight is required, it is better to go to Australia and obtain an ASIC license," is the opinion of our source.
The risk of being charged for a service which cannot be carried out can be reduced by a broker ensuring that the consultancy firm is either a legal practitioner, or chartered accountancy practice which has successfully established firms in the region. Once provided with a list of firms, a prudent measure would be to check with the New Zealand Financial Markets Authority the date of issue of license, and if the licenses of the listed firms are still effective, with the company in operation.
No Longer Viable
Advocate Tal Ron, of Tal Ron Drihem and Co. Law Firm expressed his view to Forex Magnates on this matter that New Zealand has been a popular jurisdiction for online brokers until very recently, but now it's simply not an option, except where a broker is happy to pay $25,000 to $30,000 yearly for maintaining an operation and office, whose license is virtually not accepted by anyone (except maybe specific PSPs and banks).
"Until July 2013," explained Mr. Ron, "many online operators formed a New Zealand company, registered themselves as an FSP, formed some “Virtual” presence in New Zealand and registered themselves with a dispute resolution scheme. We offered this solution as well, for $8,250 yearly all-inclusive."
"However," continued Mr. Ron, "since July tens of online brokers were deregistered by the regulator, and many banks do not accept New Zealand companies anymore."
New Zealand has become a jurisdiction which is attractive for establishing a retail FX company, due to its relative ease of access, low start-up costs and close proximity to financial markets within the Asia-Pacific region.
Historically, companies and individuals wishing to offer FX services within New Zealand were faced with minimal bureaucracy and did not even need to have an office in the region.
A change came in January this year, when New Zealand's government took the steps to ensure that all firms operating in the antipodean nation meet more rigid qualifications. Some of these new demands include that the company should have not only physical office premises there, but also senior staff based onsite, with specific roles that support the operating model of the company, such as compliance director, operations director and a fully operational back office team entrusted with keeping customer records according to regulatory stipulations.
Checking The Correct Boxes
One year on, companies with an interest in establishing in New Zealand are able to do so with the assistance of a growing number of professional services consultancy firms which can assist brokers with meeting the correct criteria and ultimately gaining the license to operate in the region.
The line which these practices take is that a broker pays a single fee to the individual offering the service. The individual then promises to provide the broker with full New Zealand licensing, but instead the broker is placed on the New Zealand Financial Services Provider register which does not constitute regulation. Therefore, without physical offices and the correct key personnel in place, the broker would be subject to striking off by the New Zealand Companies Register after an audit at the end of the financial year.
No Recourse
Indeed, there is little, if any, recourse against such practice, because there is no regulatory body or ombudsman which covers such consultancy services. On this basis, the responsibility to conduct due diligence when selecting a consultancy firm, lies firmly with the broker itself. With this potential pitfall in mind, it is important to ascertain how to select a firm which will carry the task out correctly.
Forex Magnates spoke to industry sources in New Zealand, one of whom is the CEO of a professional services consultancy offering such services to FX firms, who explained that "Brokers should be aware that consultancies which aim to gain licenses for FX firms to operate in New Zealand, but do not ensure that the broker has any services at that address, will cause the broker to get into legal trouble".
The source continued that, "If a consultancy charges a firm a fee in order to complete the Financial Services Provider registration on behalf of an FX broker, while that broker does not have a real operation in New Zealand, then the broker runs the risk of losing the registration when the Companies Office conducts its first inspection."
Indeed, a further matter worthy of consideration is that a straightforward registration on the list of financial services providers does not constitute regulatory adherence, as in New Zealand, market participants are required to be regulated by the official national regulatory authority which is New Zealand Financial Markets Authority. Therefore, rendering the payment of a consultancy to simply conduct FSP registration, without satisfying the criteria laid out by the Financial Markets Authority regarding foreign exchange dealers is a white elephant.
"Although New Zealand is an excellent jurisdiction in which to register, as it is cheaper and easier to access than Australia, it is, in my opinion, not worth being regulated by the Financial Markets Authority. It is better to remain in New Zealand under registered status on the FSP, but if full regulatory oversight is required, it is better to go to Australia and obtain an ASIC license," is the opinion of our source.
The risk of being charged for a service which cannot be carried out can be reduced by a broker ensuring that the consultancy firm is either a legal practitioner, or chartered accountancy practice which has successfully established firms in the region. Once provided with a list of firms, a prudent measure would be to check with the New Zealand Financial Markets Authority the date of issue of license, and if the licenses of the listed firms are still effective, with the company in operation.
No Longer Viable
Advocate Tal Ron, of Tal Ron Drihem and Co. Law Firm expressed his view to Forex Magnates on this matter that New Zealand has been a popular jurisdiction for online brokers until very recently, but now it's simply not an option, except where a broker is happy to pay $25,000 to $30,000 yearly for maintaining an operation and office, whose license is virtually not accepted by anyone (except maybe specific PSPs and banks).
"Until July 2013," explained Mr. Ron, "many online operators formed a New Zealand company, registered themselves as an FSP, formed some “Virtual” presence in New Zealand and registered themselves with a dispute resolution scheme. We offered this solution as well, for $8,250 yearly all-inclusive."
"However," continued Mr. Ron, "since July tens of online brokers were deregistered by the regulator, and many banks do not accept New Zealand companies anymore."
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Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
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Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
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Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
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▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
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▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
🐦 X (Twitter): https://twitter.com/financemagnates/
📡 RSS Feed: https://www.financemagnates.com/feed/
▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
📣 Stay updated with the latest in finance and trading!
Follow Finance Magnates for news, insights, and event updates across our social media platforms. Connect with us today:
🔗 LinkedIn: https://www.linkedin.com/company/financemagnates/
👍 Facebook: https://www.facebook.com/financemagnates/
📸 Instagram: https://www.instagram.com/financemagnates_official
🐦 X (Twitter): https://twitter.com/financemagnates/
📡 RSS Feed: https://www.financemagnates.com/feed/
▶️ Telegram: https://t.me/financemagnatesnews
Don't miss out on our latest videos, interviews, and event coverage.
🔔 Subscribe to our YouTube channel for more!🔔