PROSPECTUS VALUATIONS – ANZ NOTE

Reproduced with permission

1.0 Introduction
1.1 Purpose
The purpose of this guidance note is to provide information, commentary, opinion, advice and recommendations to Members undertaking valuations of real property for inclusion in prospectuses.

1.2 Status of Guidance Notes
Guidance notes are intended to embody recognised ‘good practice’ and therefore may (although this should not be assumed) provide some professional support if properly applied. While they are not mandatory, it is likely that they will serve as a comparative measure of the level of performance of a Member. They are an integral part of ‘Professional Practice’.

1.3 Scope of this Guidance Note
This guidance note applies to Members providing valuation reports of real property and related assets that are to be included in a prospectus.
This guidance note does not apply where a valuation is undertaken for purposes other than for prospectus purposes.
This guidance note addresses general concepts and principles to be complied with by valuers when preparing asset valuations for inclusion in prospectuses.

1.4 International Valuation Standards
This guidance note is intended to be consistent with the publication “International Valuation Standards 2005” as issued by the International Valuation Standards Committee.
However, there may be departures from IVSC Standards to reflect Australian and New Zealand law and practice.

2.0 Responsibilities
Members providing reports for valuation or other purposes related to the issuance of a prospectus should be aware of the responsibilities and liabilities in providing such advice.
In Australia Members are referred to the following;
chapter 2,The Legal Liability of Valuers, particularly pages 48 to 53 of the Second Edition of Valuers Liability by Lindsay Joyce and Keith Norris (Southwood Press) or any updated edition, dealing with the Corporations Law (now the Corporations Act) and reports or advice by experts for prospectus purposes;
practice Note 43,Valuation Reports and Profit Forecasts, issued by ASIC 1993, as updated;
practice Note 42, Independence of Experts Reports, also issued by ASIC;
any other relevant publications by ASIC or other authorities.
The Second Edition of Valuers Liability contains the full text of Practice Note 43 at Page 115.

2.1 Licencing
Valuers providing valuations for use in prospectuses or Product Disclosure Statements (PDS), should ensure they have all appropriate accreditations and licences.
In New Zealand Members are referred to the following;
chapter 2,The Legal Liability of Valuers, particularly pages 48 to 53 of the Second Edition of Valuers Liability by Lindsay Joyce and Keith Norris (Southwood Press) or any updated edition;
securities Act 1978;
securities Regulations 1983;
securities Act (Contributory Mortgage) Regulations 1988; and
any other relevant publications by the New Zealand Securities Commission.
Any other relevant publications by the new Zealand Securities Commission.



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