902

NEW ZEALAND GAZETTE, No. 35

11 FEBRUARY 2005

state the categories of places where a copy of the Registered Bank’s most recent Supplemental Disclosure
Statement which contains:
(i) a copy of the bilateral netting agreement; and
(ii) if an industry standard agreement is not used, a copy of the advice from an independent third party expert
validating the robustness of the agreement;
will be provided at no charge to any person within 5 Working Days of a request for a copy having been made.

5. The General Disclosure Statement shall contain a statement of the aggregate amount of contingent exposures of the
   Banking Group to Connected Persons, arising from risk lay-off arrangements in respect of Credit Exposures to Counterparties
   (other than Counterparties which are Connected Persons), as at the Balance Date.

6. The General Disclosure Statement shall contain a statement of the aggregate amount of the Banking Group’s Specific
   Provisions provided against Credit Exposures to Connected Persons as at the Balance Date.

Fifth Schedule

Securitisation, Funds Management, Other Fiduciary Activities, and the Marketing and Distribution of
Insurance Products

1. The General Disclosure Statement shall contain the information required to be disclosed pursuant to clauses 3 to 10 of
   this Schedule in respect of the Banking Group.

2. The information required to be disclosed pursuant to clauses 5, 7 and 9 of this Schedule shall include comparative figures
   for the previous corresponding period.

2A. For the purposes of this Schedule:
(a) references to insurance products shall be understood to relate to insurance contracts which constitute Insurance
Business; and
(b) information relating to the marketing and distribution of insurance products disclosed pursuant to clauses 6 to 10 of
this Schedule is required only in respect of an Affiliated Insurance Entity or an Affiliated Insurance Group.

3. A statement of the nature of the Banking Group’s involvement in:
   (a) trust, custodial, funds management, and other fiduciary activities established, marketed, and/or sponsored by a
   member of the Banking Group;
   (b) the origination of securitised assets, and in the marketing or servicing of securitisation schemes; and
   (c) the marketing and distribution of insurance products.

4. A statement as to whether arrangements have been put in place to ensure that difficulties arising from the activities
   specified in clause 3 of this Schedule would not impact adversely on the Banking Group, and if so, the nature of those
   arrangements.

5. A statement of the amount as at the Balance Date represented by each of the activities specified in subclauses 3 (a)
   and 3 (b) of this Schedule (where practicable in the case of custodial activities), disclosed according to the nature of the
   activity.

6. A statement as to whether over the Accounting Period or Interim Accounting Period:
   (a) financial services provided by any member of the Banking Group to entities which conduct the activities specified
   in clause 3 of this Schedule, or on whose behalf the activities specified in subclause 3 (c) of this Schedule are
   conducted, have been provided on arms length terms and conditions and at fair value; and
   (b) assets purchased from entities which conduct the activities specified in clause 3 of this Schedule, or on whose
   behalf the activities specified in subclause 3 (c) of this Schedule are conducted, have been purchased on arms
   length terms and conditions and at fair value.

7. The peak end-of-day aggregate amount of funding (including funding provided by the purchase of securities issued by
   entities which conduct the activities specified in clause 3 of this Schedule, or on whose behalf the activities specified in
   subclause 3 (c) of this Schedule are conducted) the Banking Group has provided over the most recent quarter of the
   Accounting Period or Interim Accounting Period to the entities which conduct the activities specified in clause 3 of this
   Schedule, or on whose behalf the activities specified in subclause 3 (c) of this Schedule are conducted, expressed as an amount
   and as a percentage of Tier One Capital.

8. For the purposes of clause 7 of this Schedule, the peak end-of-day aggregate amount of funding for the most recent
   quarter of the Interim Accounting Period or the Accounting Period shall be derived by determining the maximum end-of-day
   aggregate amount of funding over the quarter, and then dividing that amount by:
   (a) the Banking Group’s Tier One Capital as at the end of the quarter; or
   (b) the Banking Group’s Tier One Capital as at the date the maximum end-of-day aggregate amount of funding
   occurred.
   A Registered Bank shall state in the General Disclosure Statement which of these methods it has used to derive peak ratio
   information.

9. The peak end-of-day aggregate amount of funding (including funding provided by the purchase of securities issued by
   entities which conduct the activities specified in clause 3 of this Schedule, or on whose behalf the activities specified in
   subclause 3 (c) of this Schedule are conducted) provided by the Banking Group over the most recent quarter of the Accounting
   Period or Interim Accounting Period to any individual entity which conducts the activities specified in clause 3 of this
   Schedule, or on whose behalf the activities specified in subclause 3 (c) of this Schedule are conducted, expressed as an amount
   and as a percentage of the amount of assets of that particular entity.

10. For the purposes of clause 9 of this Schedule, the peak end-of-day aggregate amount of funding provided to any
    individual entity for the most recent quarter of the Interim Accounting Period or the Accounting Period shall be derived by
    determining the maximum end-of-day aggregate amount of funding provided over the quarter, and then dividing that amount
    by:
    (a) the amount of the entity’s assets as at the end of the quarter; or