28 AUGUST NEW ZEALAND GAZETTE 3069

methodology set out in Schedule 3 of this Order. A Registered Bank shall state that this information excludes exposures to Connected Persons and any OECD Government;

(i) Peak Connected Person Credit Exposures—

(i) the peak end-of-day aggregate Credit Exposure to Connected Persons expressed as an amount and as a percentage of Tier One Capital;

(ii) the peak end-of-day aggregate Credit Exposure to Non-Bank Connected Persons expressed as an amount and as a percentage of Tier One Capital;

(iii) expressed as a percentage of Tier One Capital:

A. the maximum peak end-of-day aggregate Credit Exposure to Connected Persons; and

B. within the percentage required to be expressed by subparagraph (a) of this paragraph, the maximum peak end-of-day aggregate Credit Exposure to Non-Bank Connected Persons;

that is permitted under the Registered Bank’s Conditions of Registration;

for the most recent quarter of the Accounting Period or Interim Accounting Period, using the methodology for disclosing this information set out in Schedule 4 of this Order. A Registered Bank shall state that this Credit Exposure information has been derived net of Specific Provisions and gross of set-offs;

(j) Availability of Disclosure Statements—

A statement:

(i) that copies of the Registered Bank’s most recent General Disclosure Statement and Supplemental Disclosure Statement will be provided immediately at no charge to any person requesting a copy where the request is made at the Registered Bank’s head office;

(ii) specifying the categories of places where copies of the Registered Bank’s most recent General Disclosure Statement and Supplemental Disclosure Statement will be provided at no charge to any person within 5 Working Days of a request for a copy having been made.

Auditor’s Report—

(7) The Key Information Summary shall contain an auditor’s report, set out after the information disclosed in accordance with subclause 5 (6) and any information disclosed in accordance with subclause 5 (5), which shall state:

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

(b) 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; and

(c) the nature of the audit examination conducted in respect of information drawn from the General Disclosure Statement, and whether a qualified or unqualified opinion has been given in respect of that information.

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;

(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 investigation, able to be obtained by the Registered Bank, the General Disclosure Statement shall state the name of each person who is a Substantial Security Holder and, where that person is not the registered and the beneficial holder of the Voting Securities, shall state briefly the nature of that person’s Relevant Interest in those Voting Securities.

7. Guarantee Arrangements—(1) The General Disclosure Statement shall state whether the Material obligations of the Registered Bank are guaranteed.

(2) Where a person guarantees any Material obligations of the Registered Bank, and subclause (3) of this clause does not apply, the General Disclosure Statement shall state:

(a) the name and Address for Service of the guarantor;

(b) whether the guarantor is a member of the Banking Group;

(c) the nature of the obligations which are guaranteed, including a description sufficient to identify them;

(d) whether there are any limits on the amount of the obligations guaranteed and, if so, a brief summary of the nature of those limits;

(e) whether there are any Material conditions applicable to the guarantee other than non-performance by the principal obligor and, if so, a brief summary of those conditions;

(f) whether there are any Material legislative or regulatory restrictions in the guarantor’s country of incorporation which would have the effect of subordinating the claims under the guarantee of any of the creditors of the Registered Bank on the assets of the guarantor, to other claims on the guarantor, in a winding up of that guarantor. If so, the General Disclosure Statement shall also state:

(i) the legislation or regulations involved and the nature of the impairment of the rights of the creditors which they create;

(ii) the amount of the liabilities which are so affected;

(g) (i) the amount of the net tangible assets of the guarantor as shown in the most recent publicly available audited financial statements, together with any qualifications in the auditor’s report on those financial statements that reflect on the statement of those assets in the financial statements; or

(ii) where the guarantor is a Bank, the most recent publicly disclosed Capital of the guarantor and the guarantor group, expressed as an amount and as a percentage of the risk weighted exposures, and the date to which that measure of Capital relates;

(h) the information required to be disclosed pursuant to clause 11 of this Order as though the reference to a Registered Bank were a reference to the guarantor;