4396 NEW ZEALAND GAZETTE No. 135

This Order in Council is administered in the Reserve Bank of New Zealand.

au7554

Registered Bank Disclosure Statement (Off-Quarter—New Zealand Incorporated Registered Banks) Order 1995

CATHERINE A. TIZARD, Governor-General

ORDER IN COUNCIL

At Wellington this 14th day of November 1995

Present:
The Hon. Doug Kidd presiding in Council.

Pursuant to section 81(1) of the Reserve Bank of New Zealand Act 1989, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, and on the advice of the Minister of Finance given in accordance with a recommendation of the Reserve Bank of New Zealand, hereby makes the following Order.

Analysis

1. Title, Application and Commencement

Part I—Preliminary

2. Interpretation

3. Form, Frequency and Distribution of Short Form Disclosure Statement

4. General Provisions Relating to Content of Short Form Disclosure Statement

Part II—Key Information Summary

5. Content of Key Information Summary

Part III—General Disclosures to be Contained in General Short Form Disclosure Statement

6. General Matters

7. Credit Ratings

8. Guarantee Arrangements

9. Conditions of Registration

Part IV—Financial and Supplementary Disclosures to be Contained in General Short Form Disclosure Statement

10. Content of Financial and Supplementary Disclosures

11. The Directors’ Statement

12. Auditor’s Report

Part V—Supplemental Disclosure Statement

13. General Matters

14. Guarantors

15. Conditions of Registration

Schedules

1. Short Form Financial Statements

2. Capital Adequacy of the Banking Group

3. Asset Quality

4. Concentration of Credit Exposures to Individual Counterparties

5. Credit Exposures to Connected Persons

6. Risk Management Policies

Order

1. Title, Application and Commencement—(1) This Order may be cited as the Registered Bank Disclosure Statement (Off-Quarter—New Zealand Incorporated Registered Banks) Order 1995.

(2) This Order applies to every Registered Bank incorporated in New Zealand.

(3) This Order shall come into force on the 1st day of January 1996.

(4) The first Short Form Disclosure Statement required by this Order in respect of a Registered Bank shall be in respect of the first Off Quarter Balance Date which occurs after 1 January 1996.

Part I

Preliminary

2. Interpretation—(1) Any term or expression used in this Order that is not defined in this Order:

(a) which is defined in the Act shall, unless the context otherwise requires, have the meaning given to it by the Act;

(b) which is not defined in the Act and which is defined in the Conditions of Registration shall, unless the context otherwise requires, have the meaning given to it by the Conditions of Registration; and

(c) which is not defined in the Act or in the Conditions of Registration shall, unless the context otherwise requires, be interpreted in compliance with generally accepted accounting practice (as that term is defined in section 3 of the Financial Reporting Act 1993).

(2) References in this Order to the singular include the plural and vice versa.

(3) In this Order a reference to an ‘FRS’ is a reference to a Financial Reporting Standard approved or given authoritative support from time to time by the Accounting Standards Review Board pursuant to sections 24 and 27 of the Financial Reporting Act 1993.

(4) In this Order, unless the context otherwise requires:

‘Accounting Period’ has the meaning set out in the Companies Act 1993.

‘Act’ means the Reserve Bank of New Zealand Act 1989.

‘Address for Service’ in relation to:

(a) an individual, means the address of their usual place of business in New Zealand or, if no such address exists, the address of their usual place of business outside New Zealand;

(b) a company within the meaning of section 2(1) of the Companies Act 1993, means the address for service adopted by the company under section 192 of that Act;

(c) a company registered under the Companies Act 1955, means the address of its registered office;

(d) any other entity, means the address of its principal office or principal place of business in New Zealand or, if no such address exists, its principal office or principal place of business outside New Zealand.

‘Asset Acquired Through the Enforcement of Security’ means any asset which is legally owned as the result of enforcing security, other than a building occupied by the Registered Bank or a member of the Banking Group.

‘Balance Date’ means the last day of an Accounting Period or Interim Accounting Period.

‘Bank’ means a Registered Bank or an Overseas Bank.

‘Banking Group’ means the Financial Reporting Group but where the Reserve Bank has, by notice in writing to the Registered Bank, agreed to or required the inclusion or exclusion of any entity or any part of any entity, means the Financial Reporting Group including or