4386

NEW ZEALAND GAZETTE

No. 135

of the Registered Bank, or of any member of the Banking Group which is an Issuer, are guaranteed;

(ii) where a person guarantees any Material obligations of the Registered Bank, or of any member of the Banking Group which is an Issuer:

(A) the name of the member of the Banking Group whose obligations are guaranteed, and a description of the nature of those obligations;

(B) the name of the guarantor and whether the guarantor is a member of the Banking Group;

(C) a statement as to whether there are any limits on the amount of the obligations guaranteed, and, if so, a statement that information on these limits is contained in the General Disclosure Statement;

(D) a statement as to whether there are any Material conditions applicable to the guarantee other than non-performance by the principal obligor and, if so, a statement that information on these conditions is contained in the General Disclosure Statement;

(E) a statement as to whether there are any Material legislative or regulatory provisions which could have the effect of subordinating claims under the guarantee to other claims on the guarantor and, if so, a statement that information on these legislative or regulatory provisions is contained in the General Disclosure Statement;

(F) a statement that details of the guarantee arrangements are available in the Supplemental Disclosure Statement, or where the content of the Supplemental Disclosure Statement is contained in the General Disclosure Statement;

(d) Profitability—

(i) net profit or loss after tax and extraordinary items over the Accounting Period or Interim Accounting Period;

(ii) net profit or loss after tax and extraordinary items over the Accounting Period or Interim Accounting Period expressed as a percentage (annualised) of the average of total assets;

(e) Size—

(i) total assets;

(ii) the percentage change in total assets from the previous corresponding period to the Balance Date;

(f) Capital adequacy—

(i) Tier One Capital expressed as a percentage of risk weighted exposures;

(ii) Capital expressed as a percentage of risk weighted exposures;

(g) Asset quality—

(i) total Impaired Assets;

(ii) total Impaired Assets expressed as a percentage of total assets;

(iii) total Specific Provisions;

(iv) total Specific Provisions expressed as a percentage of total Impaired Assets;

(h) Peak Credit Exposure concentrations—

the number of individual Counterparties or Groups of Closely Related Counterparties (excluding any OECD Government and Connected Persons) to which the Banking Group has an aggregate Credit Exposure (net of Specific Provisions) which equals or exceeds 10% of the Banking Group’s Equity, separately disclosing the number of:

(i) Counterparties other than Banks and Groups of Closely Related Counterparties of which a Bank is not the parent;

(ii) Bank Counterparties and Groups of Closely Related Counterparties of which a Bank is the parent;

in successive ranges of 10% of the Banking Group’s Equity in respect of peak end-of-day Credit Exposures (net of Specific Provisions) since the commencement of the Accounting Period;

(i) Peak Connected Person Credit Exposures—

(i) the peak aggregate end-of-day Credit Exposure (net of Specific Provisions and gross of set-offs) to Connected Persons for the Accounting Period or Interim Accounting Period expressed as an amount and as a percentage of Tier One Capital;

(ii) the peak aggregate end-of-day Credit Exposure (net of Specific Provisions and gross of set-offs) to Non-Bank Connected Persons for the Accounting Period or Interim Accounting Period expressed as an amount and as a percentage of Tier One Capital;

(j) Reference to Disclosure Statements—

a statement that copies of the Registered Bank’s most recent General Disclosure Statement and Supplemental Disclosure Statement will be provided at no charge, immediately to any person requesting a copy where the request is made at the Registered Bank’s head office and within five Working Days where the request is made at any branch or agency of the Registered Bank; and

(k) Auditor’s report—

a copy of a report by an auditor signed by that auditor either in the auditor’s own name or the name of that auditor’s firm, that states with respect to the information prepared in accordance with this clause:

(i) that the Key Information Summary has been examined by the auditor; and

(ii) whether the Key Information Summary has been completed in accordance with this Order and whether the information contained in it has been properly taken, where applicable, from the information contained in the General Disclosure Statement.

Part III

General Disclosures to be Contained in General Disclosure Statement

6. General Matters—(1) In respect of the Registered Bank, the General Disclosure Statement shall state:

(a) its name and Address for Service;

(b) the statute or other authority under or pursuant to which it was incorporated or established; and

(c) the date of its incorporation or establishment.

(2) Where applicable, the General Disclosure Statement shall state:

(a) the name and Address for Service of the Ultimate Parent Bank of the Registered Bank;

(b) the name and Address for Service of the Ultimate Holding Company of the Registered Bank; and

(c) a summary of any regulations, legislation or other restrictions of a legally enforceable nature which may Materially inhibit the legal ability of the bodies corporate referred to in paragraphs (a) and (b) of this subclause, to provide Material financial support to the Registered Bank.

(3) To the extent that the information is, upon reasonable