3118

NEW ZEALAND GAZETTE

No. 126

and a description of the period to which this information applies;

(ii) net profit or loss after tax and extraordinary items over the previous 12 month period, expressed as a percentage of the average of total assets, in respect of:

(A) the Overseas Banking Group and the balance date of the most recent period for which the information is publicly available; and

(B) the Banking Group and the Off Quarter Balance Date of the First Quarter Accounting Period or Third Quarter 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 over the 12 months ending on that date;

(ii) total assets of the Banking Group and the percentage change in total assets over the 12 months ending on the current 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 and the minimum percentage of this ratio required by the appropriate banking supervisory authority in the Overseas Bank’s country of domicile;

(ii) Capital expressed as a percentage of risk weighted exposures and the minimum percentage of this ratio required by the appropriate banking supervisory authority in the Overseas Bank’s country of domicile;

(g) Asset quality—

(i) total Impaired Assets (before provisions and net of interest held in suspense);

(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;

(h) Peak Credit Exposure concentrations—

For the First Quarter Accounting Period or the most recent quarter of the Third Quarter Accounting Period:

(i) the number of individual non Bank Counterparties or Groups of Closely Related Counterparties of which a Bank is not the parent; and

(ii) the number of individual Bank Counterparties or Groups of Closely Related Counterparties of which a Bank is the parent;

to which the Banking Group has a peak aggregate Credit Exposure which equals or exceeds 10% of the Overseas Banking Group’s Equity, in successive ranges of 10% of the Overseas Banking Group’s Equity.

This information shall be disclosed using the methodology set out in Schedule 5 of this Order. A Registered Bank shall state that this information excludes exposures to any OECD Government.

(i) Ranking of local creditors in a winding-up—

whether there are any Material legislative or regulatory restrictions in the Overseas Bank’s country of incorporation which subordinate the claims of any class of unsecured creditors of the Registered Bank on the assets of the Overseas Bank to those of any other class of unsecured creditors of the Overseas Bank, in a winding up of that Overseas Bank. If so, the Key Information Summary shall also state:

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

(ii) the nature and amount of each Class of the Registered Bank’s liabilities which are so affected;

(ia) Where the Registered Bank is required by a statute to hold in New Zealand an excess of assets over deposit liabilities, the Key Information Summary shall state the name of the statute and contain a description of the requirement and a statement as to whether, since the commencement of the Accounting Period, the Registered Bank has at all times complied with that requirement;

(j) Financial statements of the Overseas Bank and Overseas Banking Group—

a statement that a copy of the most recent publicly available financial statements of the Overseas Bank and Overseas Banking Group are contained in the Registered Bank’s Supplemental Disclosure Statement or General Disclosure Statement (state which), copies of which (or of that part of which, as applicable) will be provided at no charge to any person requesting a copy in the manner described in paragraph (k) of this subclause; and

(k) 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.

Part III

General Disclosures to be Contained in General Short Form Disclosure Statement

6. General Matters—(1) In respect of the Registered Bank, the General Short Form Disclosure Statement shall state its name and Address for Service.

(2) In respect of the Overseas Bank, the General Short Form Disclosure Statement shall state:

(a) its name and the address of its principal office, or place of business, outside New Zealand;

(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.

(3) Where applicable, the General Short Form Disclosure Statement shall state:

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

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

(c) a summary of any regulations, legislation or other