Bank Disclosure Requirements




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NEW ZEALAND GAZETTE, No. 35

11 FEBRUARY 2005

(iv) total Specific Provisions expressed as a percentage of total Impaired Assets;

(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 Banking
Group’s Equity, in successive ranges of 10% of the Banking Group’s Equity.
This information shall be disclosed using the methodology set out in Schedule 4 of this Order. A Registered Bank
shall state that this information excludes exposures to Connected Persons and any OECD Government;

(i) Credit Exposures to Connected Persons

(i) (A) the peak end-of-day aggregate Credit Exposure (of a non-capital nature and net of Specific Provisions)
to Connected Persons expressed as an amount and as a percentage of Tier One Capital;

(B) the peak end-of-day aggregate Credit Exposure (of a non-capital nature and net of Specific Provisions)
to Non-Bank Connected Persons expressed as an amount and as a percentage of Tier One Capital;

for the First Quarter Accounting Period or the most recent quarter of the Third Quarter Accounting Period,
using the methodology for disclosing this information set out in the Fifth Schedule of this Order. A Registered
Bank shall state that this Credit Exposure information has been derived net of Specific Provisions and
excluding advances to Connected Persons of a capital nature;

(ii) (A) a statement as to whether the limits on aggregate Credit Exposure to Connected Persons and to Non-
Bank Connected Persons in the Registered Bank’s Conditions of Registration have been complied with
at all times over the First Quarter Accounting Period or the most recent quarter of the Third Quarter
Accounting Period; and

(B) if not, the nature and amount of any breaches of those limits;

(j) Availability of Disclosure Statements—
a statement:

(i) that copies of the Registered Bank’s most recent General Short Form 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 Short Form
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

  1. General Matters—(1) In respect of the Registered Bank, the General Short Form 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 Short Form Disclosure Statement shall state:

(a) the name and Address for Service of the Ultimate Parent Bank of the Registered 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 Short Form Disclosure Statement shall state:

(a) the name of each person who has a direct or indirect qualifying interest in 5% or more of the voting securities of the
Registered Bank, and the percentage of the interest that each of those persons holds;

(b) the nature of each interest identified in (a) above if the person holding it is not a registered and beneficial holder of
the securities; and

(c) the name of each person who has the ability to directly or indirectly appoint 25% or more of the board of directors
(or other persons exercising powers of management, however described), and the percentage of the Directors that
each of those persons has the ability to appoint.

For the purposes of this subclause, the terms "qualifying interest" and "voting securities" shall have the same meaning as
in section 2 of the Act.

(4) The General Short Form Disclosure Statement shall state:

(a) whether there have been any changes in the composition of the Registered Bank’s board of Directors since the
Publication Date of the previous Disclosure Statement, and if so, the changes involved, and the name of each
Director affected by the changes; and if applicable

(b) the name of each Director on whose behalf each Responsible Person has signed the Short Form Disclosure
Statement.

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


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 2005, No 35


Gazette.govt.nz PDF NZ Gazette 2005, No 35





✨ LLM interpretation of page content

💰 Registered Bank Disclosure Statement (Off-Quarter-New Zealand Incorporated Registered Banks) Order 2005 (continued from previous page)

💰 Finance & Revenue
7 February 2005
Banking, Disclosure Statements, Registered Banks, Regulations, Financial Instruments, Interest Rate Exposure, Risk Weights, Netting Criteria, Key Information Summary, Credit Rating, Profitability, Capital Adequacy, Asset Quality