11 FEBRUARY 2005

NEW ZEALAND GAZETTE, No. 35

933

“Impaired Asset” means a Non-Accrual Asset, a Restructured Asset, or an Asset Acquired Through the Enforcement of Security.

“Independent Director” means a Director who is not an employee of the Overseas Bank, and who is not a director, trustee, or employee of any holding company of the Overseas Bank, or any other entity capable of controlling or significantly influencing the Overseas Bank.

“Insurance Business” has the same meaning as in the Conditions of Registration.

“Interest Rate Exposure” means the amount of the change in the economic value of the Financial Assets (excluding equity instruments) and Financial Liabilities (excluding equity instruments) of the Banking Group in a single currency which would occur as a result of a change in interest rates in that currency.

“Interest Rate Repricing Date”, as that term applies to a Financial Instrument or to a proportion of a Financial Instrument, means the earlier of the date on which, in accordance with the terms of the Financial Instrument:

(a) the interest rate reset date next occurs (being the date on which the rate of interest payable in respect of the Financial Instrument can or will alter); or

(b) the principal sum is due and payable or, where no principal sum is due and payable, the maturity date occurs.

“Interest Rate Risk” has the same meaning as in FRS-33, as amended from time to time.

“Interim Accounting Period” means, subject to the application of subclause 2 (6), the first six month period of an Accounting Period.

“Investment Security” has the same meaning as in FRS-33, as amended from time to time.

“Issuer” has the same meaning as in the Financial Reporting Act 1993.

“Key Information Summary” means that part of a Disclosure Statement which contains the information prescribed in Part II of this Order.

“Market Risk Exposure” means exposure to any, or all, of Equity Exposure, Foreign Currency Exposure and Interest Rate Exposure.

“Material” has the meaning given to it by generally accepted accounting practice, or, where generally accepted accounting practice does not apply, means a statement, fact, or item which is of such a nature or amount that its inclusion or omission, or the method of treating its disclosure, would be likely to influence a reasonable user of the Disclosure Statement.

“New Zealand Business” means all business, operations, or undertakings conducted in or from New Zealand.

“New Zealand Chief Executive Officer” has the same meaning as in section 2 of the Act.

“Non-Accrual Asset” means any Credit Exposure for which it is probable that the Registered Bank or a member of the Banking Group will not be able to collect all amounts owing in accordance with the terms of the contract with the Counterparty.

“NZ IAS” means a New Zealand International Accounting Standard approved by the Accounting Standards Review Board as an Approved Financial Reporting Standard.

“NZ IFRS” means a New Zealand International Financial Reporting Standard approved by the Accounting Standards Review Board as an Approved Financial Reporting Standard.

“OECD Government” means the central government of any of the countries specified in the list of OECD countries contained in Appendix One to the Reserve Bank document entitled Capital Adequacy Framework (BS2), as amended from time to time.

“Other Asset Acquired Through the Enforcement of Security” has the same meaning as in FRS-33, as amended from time to time.

“Other Asset Under Administration” means any Credit Exposure which is not an Impaired Asset or a Past Due Asset, but which is to a Counterparty:

(a) who is in receivership, liquidation, bankruptcy, statutory management or any form of administration in New Zealand; or

(b) who is in any other equivalent form of voluntary or involuntary administration in an overseas jurisdiction.

“Other Security” has the same meaning as in FRS-33, as amended from time to time.

“Overseas Bank” means a financial institution incorporated outside New Zealand which has been authorised, registered, or licensed as a bank in its country of domicile by the appropriate banking supervisory authority and, unless the context otherwise requires, is the bank of which the Registered Bank is the New Zealand branch.

“Overseas Banking Group” means an Overseas Bank and all other entities included in the group for the purposes of public reporting of group financial statements in the country of domicile of the Overseas Bank.

“Past Due Asset” means any Credit Exposure which has not been operated by the Counterparty within its key terms for at least 90 days and which is not an Impaired Asset, and for the sake of clarity, includes an asset for which, in relation to the contracted terms, conditions, or limits which applied to the asset immediately before non-performance commenced:

(a) any payment of principal, interest, or other forms of monies owing is overdue, or has not been paid in accordance with the asset’s terms and conditions, for at least 90 days; or

(b) amounts owing under revolving facilities have been continuously outside of limits for at least 90 days.

“Premises” means any staffed premises of the Registered Bank or an agency of the Registered Bank to which the Registered Bank’s customers or potential customers have access in order to conduct banking business.

“Publication Date”, in respect of a Disclosure Statement, means the date the Disclosure Statement is Published in accordance with clause 3 of this Order.

“Publish” includes distribute, make available and disseminate.

“Rate Insensitive Retail Assets” means that amount of the Financial Assets held by the Banking Group which the Registered Bank reasonably believes is unlikely to be diminished or increased as a result of a Material change in market