Claire Brabant

Partner* subject to meeting New Zealand Law Society requirements Kaiurungi

Claire is a well-respected financial services lawyer with more than 20 years’ experience as senior in-house counsel. She specialises in investment funds (including KiwiSaver and superannuation), discretionary investment management services and financial services regulation.

Claire is a trusted adviser to leading New Zealand fund managers, including Generate , Fisher Funds, SBS Wealth and others. She regularly advises on offer documents, governing deeds, licensing requirements and the establishment and operation of a wide range of fund structures and investment arrangements.

She has significant experience in fund creation, including supporting clients through the full lifecycle of product development, from structuring and documentation through to engagement with regulators. Claire combines strong practical insight with meaningful connections at the Financial Markets Authority (FMA) that help accelerate outcomes for clients.

Claire also advises extensively on financial services regulation, including compliance with the CoFI regime and provides strategic regulatory support in relation to FMA enquiries, reviews and investigations. Her experience includes advising on conduct obligations, governance frameworks and regulatory change programmes. Her experience also includes advising insurers, banks and non-bank deposit takers on fair conduct programmes and licensing requirements.

She also advises investment managers on compliance frameworks for financial advisers (retail and wholesale), distribution arrangements for discretionary investment management services, and Active Investor Plus pathways for foreign investors into New Zealand.

*Partner subject to meeting New Zealand Law Society requirements

Career highlights

Advising a leading New Zealand fund manager on consolidation of its wealth management product range and integration of its investment infrastructure following the purchase of a competitor business. This included the alignment of products into a single investment proposition with a consistent investment philosophy. The consolidation enabled the regulator-approved bulk transfer of investors between the two default KiwiSaver schemes involved.

Targeted regulatory guidance and advice for multiple clients across MIS, DIMS, CoFI and FAP regimes. Assisting in end-to-end documentation and legal aspects across a range of fund managers.

Assisting a large New Zealand bank-owned default KiwiSaver provider with legal aspects associated with enhancements made to its investment proposition. This included the establishment of a new range of wholesale investment funds and advising on the customer-centric rewrite of its retail offer documents to meet plain English language standards. This work led to the organisation being the inaugural recipient of an industry award for improving customer outcomes.

Advised one of New Zealand’s largest KiwiSaver providers, Fisher Funds, in setting up its private equity program to augment the investment of its KiwiSaver schemes. Including setting up appropriate structures for the program to invest into private New Zealand companies and into global private equity funds and governance advice.

Advising institutions on FMC Act transition and compliance for managed investment schemes (including KiwiSaver and unit trusts) and discretionary investment management services, including obtaining licences, product design and establishment, restructuring, and ongoing compliance.

Advising deVere on its engagement with FMA, after it was publicly censured for failing to comply with certain duties and obligations under its financial advice provider license while advising clients on UK Pension transfers.

Assisting HDI Global Specialty SE with developing its fair conduct programme and licensing requirements for CoFI and undertaking a detailed assessment of its policies and procedures for compliance with the FMCA.

Supporting Sharesies, Stake, and other high growth investment platforms with strategic regulatory and product guidance across New Zealand financial services.

Affiliations
  • Member, Institute of Finance Professionals NZ Inc (INFINZ)
Achievements and recognition
  • Leading Associate, Investment Funds, The Legal 500 Asia-Pacific
  • Tier 1 team, Investment Funds, The Legal 500 Asia-Pacific
  • Band 1 team, Financial Services, Chambers Asia-Pacific
  • Band 1 team, Chambers FinTech Guide, Chambers FinTech Guide