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at no charge to any person within 5 Working Days of a request for a copy having been made; or

(c) contain a copy of the Conditions of Registration applicable as at the date of the Short Form Disclosure Statement.

9. Credit Ratings—(1) The General Short Form Disclosure Statement shall state whether the Overseas Bank has a credit rating applicable to its long term senior unsecured obligations payable in New Zealand, in New Zealand dollars.

(2) For each credit rating required to be disclosed pursuant to subclause (1) of this clause the General Short Form Disclosure Statement shall state:

(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; and

(d) descriptions or explanations of all the steps in the applicable rating scales.

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; and

(b) 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.

13. Financial Statements of the Overseas Bank and Overseas Banking Group—The General Short Form Disclosure Statement shall contain a statement:

(1) that a copy of the Registered Bank’s most recent Supplemental Disclosure Statement, which contains a copy of the most recent publicly available financial statements of the Overseas Bank and Overseas Banking Group, 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;

(2) specifying the categories of places where a copy of the Registered Bank’s most recent Supplemental Disclosure Statement, which contains a copy of the most recent publicly available financial statements of the Overseas Bank and Overseas Banking Group, will be provided at no charge to any person within 5 Working Days of a request for a copy having been made;

unless the content of the Supplemental Disclosure Statement is contained in the General Short Form Disclosure Statement.

Part V

Supplemental Disclosure Statement

14. General Matters—(1) Subject to subclause (2) of this clause, the Supplemental Disclosure Statement shall state only the information specified in clauses 15, 16 and 17 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.

15. Guarantors—(1) Where a General Short Form Disclosure Statement states that a person guarantees any Material obligations of the Overseas 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 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 Overseas 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.

16. 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.

17. Financial Statements of the Overseas Bank and Overseas Banking Group—The Supplemental Disclosure Statement shall contain a copy of the most recent publicly available financial statements of the Overseas Bank and Overseas Banking Group, 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.