NEW ZEALAND GAZETTE

No. 126

Part IV

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

10. Content of Financial and Supplementary Disclosures

The General Short Form Disclosure Statement shall contain short form financial statements and supplementary information for the Banking Group which include, where Material, the information prescribed by the Schedules to this Order.

11. Auditor’s Report

Where the General Short Form Disclosure Statement has been subject to audit or review by an external auditor, the General Short Form Disclosure Statement shall state the nature and scope of that audit or review and contain a copy of the auditor’s report.

12. The Directors’ Statement

The General Short Form Disclosure Statement shall contain:

(1) a statement by the Directors as to whether, each Director believes, after due enquiry, that:

(a) the Short Form Disclosure Statement contains all the information that is required by this Order;

(b) the Short Form Disclosure Statement is not false or misleading;

as at the date on which the Short Form Disclosure Statement is signed; and

(2) a statement by the Directors as to whether each Director believes, after due enquiry, that:

(a) the Registered Bank has complied with the Conditions of Registration;

(b) Credit Exposures to Connected Persons (if any) were not contrary to the interests of the Banking Group; and

(c) the Registered Bank had systems in place to monitor and control adequately the Banking Group’s Material risks, including Credit Risk, concentration of Credit Risk, Interest Rate Risk, Currency Risk, Equity Risk, liquidity risk and other business risks, and that those systems were being properly applied;

over the First Quarter Accounting Period or Third Quarter Accounting Period.

Part V

Supplemental Disclosure Statement

13. General Matters

(1) Subject to subclause (2) of this clause, the Supplemental Disclosure Statement shall state only the information specified in clauses 14 and 15 of this Order.

(2) If a Supplemental Disclosure Statement would be false or misleading as a result of stating the information specified in subclause (1) of this clause, information and explanations that will make the Supplemental Disclosure Statement not false or misleading shall also be stated.

14. Guarantors

(1) Where a General Short Form Disclosure Statement states that a person guarantees any Material obligations of the Registered Bank, and subclause (2) of this clause does not apply, the Supplemental Disclosure Statement shall contain a copy of the full guarantee contract and the most recent financial statements and group financial statements of the guarantor, together with a copy of the audit report (if any) relating to those statements, unless this information is already contained within the General Short Form Disclosure Statement.

(2) Where a General Short Form Disclosure Statement states that a person or persons have entered into any Material cross guaranteeing arrangements with the Registered Bank, the Supplemental Disclosure Statement shall contain a copy of the full guarantee contract if:

(a) there is a single contract which sets out the rights and obligations of all the cross guarantors; or

(b) there is a standard contract which is representative of the rights and obligations of each of the cross guarantors;

unless this information is already contained within the General Short Form Disclosure Statement.

15. Conditions of Registration

The Supplemental Disclosure Statement shall contain a copy of the Conditions of Registration which are applicable as at the date of the Short Form Disclosure Statement, unless this information is already contained within the General Short Form Disclosure Statement.

MARIE SHROFF, Clerk of the Executive Council.

First Schedule

Short Form Financial Statements

1. The information required to be disclosed pursuant to clause 3 of this Schedule shall include comparative figures for the previous corresponding period.

2. The General Short Form Disclosure Statement shall contain a statement as to whether there have been any changes in accounting policies in the three months prior to the Off Quarter Balance Date, and, if so, a summary of those changes.

3. The General Short Form Disclosure Statement shall contain the following financial information for the Banking Group, in such format as the Registered Bank determines, for the First Quarter Accounting Period or Third Quarter Accounting Period, or as at the Off Quarter Balance Date, as the case may be:

FINANCIAL PERFORMANCE

1. Interest revenue
2. Interest expense
3. Net interest income
4. Net trading gains/losses
5. Other operating revenue
6. Impaired asset expense
7. Other operating expenses
8. Operating profit/(loss) before tax
9. Taxation expense/(credit)
10. Operating profit/(loss) after tax
11. Income from associates accounted for on the basis of the equity method (net of tax)
12. Minority interests
13. Net profit/(loss) after tax
14. Extraordinary items (and nature thereof)
15. Net profit/(loss) after tax and extraordinary items
16. Dividend expense for each category of ordinary capital
17. Other adjustments to current period’s net profit/(loss)
18. Retained profit/(loss)

FINANCIAL POSITION

ASSETS

1. Cash and demand balances with central banks

2. Balances with other financial institutions which may be withdrawn without prior notice

3. Other securities eligible for refinancing by central banks

4. Other securities held for liquidity and other purposes

5. Equity investment securities

6. Other investment securities

7. Bills accepted but not held in a portfolio (if recognised)

8. Loans, advances and lease finance

   (NOTE: Each of the above categories of assets shall be shown net of Specific Provisions)

9. Deferred tax asset

10. Intangible assets

11. Fixed assets

12. Other assets

13. Total assets

LIABILITIES AND SHAREHOLDERS’ FUNDS

14. Issued and paid-up share capital
15. Balances of reserve accounts

(a) Revaluation reserves

(b) Other capital reserves