17 NOVEMBER NEW ZEALAND GAZETTE

Part II

Key Information Summary

5. Content of Key Information Summary—(1) Subject to subclause (2) of this clause, the Key Information Summary shall contain, in the same order and under the same headings, the information required to be disclosed pursuant to subclause (6) of this clause, as at the Registered Bank’s Off Quarter Balance Date or for the First Quarter Accounting Period or Third Quarter Accounting Period, as the case may be, unless otherwise stated.

(2) If a Key Information Summary would be false or misleading as a result of stating the information required to be disclosed pursuant to subclause (6) of this clause, information and explanations that will make the Key Information Summary not false or misleading shall also be stated under the relevant heading.

(3) Where applicable, the information contained in the Key Information Summary shall be taken from the information contained in the General Short Form Disclosure Statement.

(4) The Key Information Summary may contain additional information, to which the information stated pursuant to subclause (6) of this clause may refer by way of note, provided that such information is set out after the information required to be disclosed pursuant to subclause (6) of this clause.

(5) The information required to be disclosed pursuant to subclause (6)(d) to (h) of this clause shall include comparative figures for the previous corresponding period.

(6) The Key Information Summary shall contain:

(a) Corporate information—

(i) the name of the Overseas Bank and its country of domicile;

(ii) if applicable, the name of any person that is the Ultimate Parent Bank of the Overseas Bank and its country of domicile;

(iii) if applicable, the name of any person that is the Ultimate Holding Company of the Overseas Bank and its country of domicile;

(b) Credit rating—

(i) a statement as to whether the Overseas Bank has a credit rating applicable to its long term senior unsecured obligations payable in New Zealand dollars; and

(ii) if so, with respect to each such rating:

(A) the name of the person who gave the credit rating;

(B) the current rating and all qualifications to that rating;

(C) any changes made to the rating in the two years preceding the Off Quarter Balance Date and the date on which any such change occurred;

(c) Guarantors—

(i) a statement as to whether the Material obligations 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 Short Form 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 Short Form 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 Short Form 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 Short Form Disclosure Statement, in the General Short Form Disclosure Statement;

(d) Profitability—

(i) net profit or loss after tax and extraordinary items;

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

in respect of:

(iii) the Overseas Banking Group for the most recent period for which the information is publicly available; and

(iv) the Banking Group over the Interim Accounting Period or Accounting Period;

(e) Size—

(i) total assets of the Overseas Banking Group as at the most recent date for which the information is publicly available and the percentage change in total assets from the previous corresponding period to that date;

(ii) total assets of the Banking Group and the percentage change in total assets from the previous corresponding period to the Off Quarter Balance Date;

(f) Capital adequacy—

the most recent publicly available information on the capital adequacy of the Overseas Bank and Overseas Banking Group, disclosing:

(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;

in respect of:

(v) the Overseas Banking Group as at the most recent date for which the information is publicly available; and

(vi) the Banking Group;