11 FEBRUARY 2005 NEW ZEALAND GAZETTE, No. 35 935

(i) any other definition contained in FRS-33, except for the definition of Counterparty, is deemed to refer to and have
the meaning of:

(i) the corresponding definition, meaning, interpretation or guidance contained in NZ IAS 30;

(ii) or where NZ IAS 30 is not applicable, the corresponding definition, meaning, interpretation or guidance
contained in any other NZ IAS or NZ IFRS.

(6) Notwithstanding any other provisions of this Order, if as a result of the date of registration of a Company in terms of the
Companies Act 1993, or as a result of a change in the Balance Date of a Registered Bank or Company, an Accounting Period
of a Registered Bank will be shorter or longer than 12 months, the Reserve Bank may, after consultation with the Company or
the Registered Bank, determine the length of any Interim Accounting Period relating to the shorter or longer Accounting
Period.

3. Form, Frequency and Distribution of Disclosure Statement—(1) Subject to the Act, every Registered Bank shall
   Publish not later than three months after each Balance Date (or in the case of the first Disclosure Statement required by this
   Order for a Registered Bank which becomes a Registered Bank after the date this Order takes effect, within such period as the
   Reserve Bank shall specify) a Disclosure Statement which shall:

(a) contain the information that is prescribed in Part II to Part V of this Order; and

(b) comply with the Act.

(2) Disclosure Statements shall be Published in the following manner:

(a) every Registered Bank shall prominently display the Registered Bank’s most recent Key Information Summary at
the Registered Bank’s head office, every branch of the Registered Bank, every other Premises of the Registered
Bank, and every Premises of an agency of the Registered Bank primarily engaged in the business of the Registered
Bank;

(b) every Registered Bank shall provide to any person a copy of its most recent Key Information Summary
immediately upon request and at no charge;

(c) where a Registered Bank publishes information on an internet web site which includes any information directed
primarily at its New Zealand customers or potential customers, the Registered Bank shall make available or display
a copy of its most recent Key Information Summary on that internet web site;

(d) every Registered Bank shall notify each of its customers holding a Direct Banking Account of the availability of its
most recent Key Information Summary, as soon as is practicable after the publication of that Key Information
Summary, and shall state that the Key Information Summary is available immediately upon request and at no
charge;

(e) every Registered Bank shall provide a copy of its most recent General Disclosure Statement at no charge,
immediately to any person requesting a copy where the request is made at the Registered Bank’s head office and
within five Working Days where the request is made at any branch of the Registered Bank, any other Premises of
the Registered Bank, or any Premises of an agency of the Registered Bank primarily engaged in the business of the
Registered Bank;

(f) every Registered Bank shall provide a copy of its most recent Supplemental Disclosure Statement, or such part of it
as is requested, at no charge, immediately to any person requesting a copy where the request is made at the
Registered Bank’s head office and within five Working Days where the request is made at any branch of the
Registered Bank, any other Premises of the Registered Bank, or any Premises of an agency of the Registered Bank
primarily engaged in the business of the Registered Bank, unless the content of a Supplemental Disclosure
Statement is included in the General Disclosure Statement; and

(g) every Registered Bank shall deliver a copy of its most recent Disclosure Statement to the Reserve Bank on the
Publication Date.

4. General Provisions Relating to Content of Disclosure Statement—

(1) (a) In addition to the information which is required by this Order, a Disclosure Statement:

(i) shall contain such other information as in the opinion of the Directors and New Zealand Chief Executive
Officer it is necessary or desirable to include so as to ensure that any information contained in the Disclosure
Statement is not false or misleading in any Material particular; and

(ii) subject to any express provision to the contrary in this Order, may contain such other information as the
Directors and New Zealand Chief Executive Officer consider appropriate.

(b) A Disclosure Statement shall not contain any offer (within the meaning of that term as defined in section 2 of the
Securities Act 1978) of any Debt Securities, but may contain information required for the purposes of regulation
21 (2) and regulation 22 (d) of the Securities Regulations 1983.

(2) Subject to the Act and this clause, nothing in this Order shall limit the provisions of any other enactment.

(3) Where this Order requires or permits a Disclosure Statement to incorporate information about any person, business, or
group in respect of a stated period, that information need not relate to any part of that period for which the person, business,
group or any part thereof did not exist. Where the Disclosure Statement contains information in respect of a period that is less
than the stated period, it shall identify the period in respect of which the information is provided.

(4) The Disclosure Statement shall not state or imply that a person is, or intends to become, a shareholder of the Overseas
Bank, or of a member of the Overseas Banking Group, without also stating whether that person guarantees any of the
obligations of the Registered Bank or any member of the Banking Group.

(5) Subject to subclause (7) of this clause, where a Registered Bank is unable because of systems limitations or because of
circumstances beyond its control to disclose information which the Registered Bank would, pursuant to this Order, be required
to disclose, the Disclosure Statement shall:

(a) state that fact, and an explanation of the circumstances; and

(b) contain information which is the closest available alternative to that required to be disclosed pursuant to this Order.