✨ Banking Disclosure Regulations
940
NEW ZEALAND GAZETTE, No. 35
11 FEBRUARY 2005
(i) the nature and amount of any transaction which the Director or the New Zealand Chief Executive Officer or
any Immediate Relative or close business associate of the Director or the New Zealand Chief Executive
Officer has with the Registered Bank or any member of the Banking Group which either has been entered into
on terms other than those which would, in the ordinary course of business of the Registered Bank or any
member of the Banking Group, be given to any other person of like circumstances or means, or which could
otherwise be reasonably likely to influence Materially the exercise of the Director’s or New Zealand Chief
Executive Officer’s duties; and
(ii) whether the Director is an executive Director; and
(iii) whether the Director is an Independent Director;
(iv) the names of all companies, other than those which are members of the Banking Group, of which the Director
or the New Zealand Chief Executive Officer holds office as a director;
(da) whether there is a board audit committee, and if so, the total number of persons who comprise the audit committee,
and of these, the number who are:
(i) Directors (other than Independent Directors);
(ii) Independent Directors; and
(e) the policy of the board of Directors for avoiding or dealing with conflicts of interest which may arise from the
personal, professional or business interests of the Directors or any of them.
- Conditions of Registration—(1) The General Disclosure Statement shall either:
(a) state that a copy of the Registered Bank’s most recent Supplemental Disclosure Statement, which contains a copy
of the Conditions of Registration applicable as at the date on which the signing of the Disclosure Statement for or
on behalf of all Directors and the New Zealand Chief Executive Officer is completed, 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; and
(b) specify the categories of places where a copy of the Registered Bank’s most recent Supplemental Disclosure
Statement, which contains a copy of the Conditions of Registration applicable as at the date on which the signing of
the Disclosure Statement for or on behalf of all Directors and the New Zealand Chief Executive Officer is
completed, will be provided 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 on which the signing of the Disclosure
Statement for or on behalf of all Directors and the New Zealand Chief Executive Officer is completed.
(2) The General Disclosure Statement or the Supplemental Disclosure Statement, as applicable, shall state the date as from
which the Conditions of Registration published in accordance with subclause (1) of this clause apply.
-
Pending Proceedings or Arbitration—The General Disclosure Statement shall contain a description of any pending
legal proceedings or arbitration concerning any member of the Banking Group or, where publicly available, the Overseas
Banking Group, whether in New Zealand or elsewhere, that may have a Material adverse effect on the Registered Bank or on
the Banking Group. -
Credit Ratings—If the Registered Bank is required, by a notice given to it under section 80 of the Act, to obtain or
maintain a rating of its creditworthiness or financial condition by a person nominated or approved by the Reserve Bank, with
respect to each rating obtained or maintained by the Registered Bank that complies with the notice given under section 80, the
General Disclosure Statement shall state:
(a) the name of the person who gave the rating;
(b) the type of rating;
(c) the current rating and all qualifications to that rating;
(d) any changes made to the rating in the two years preceding the Balance Date and the date on which any such change
occurred;
(e) descriptions or explanations of all steps in the applicable rating scales.
Part IV
Financial and Supplementary Disclosures to be Contained in General Disclosure Statement
- Content of Financial and Supplementary Disclosures—(1) Subject to subclause 12 (2A), the General Disclosure
Statement for the Accounting Period shall contain or be accompanied by financial statements of the Registered Bank and the
Banking Group, prepared in accordance with the requirements of the Financial Reporting Act 1993 including, without
limitation, section 13 of the Financial Reporting Act 1993, as though:
(a) the references in the Financial Reporting Act 1993 to a “group” were to the Banking Group;
(b) the Registered Bank and the Banking Group do not qualify for any exemptions pursuant to the Framework for
Differential Reporting issued by the Institute of Chartered Accountants of New Zealand; and
(c) the Registered Bank and the Banking Group do not qualify for the reporting exemption provided in paragraph
4.16 (a) of FRS-33.
(2) (a) Subject to subclause 12 (2A), and to paragraph (b) of this subclause, the General Disclosure Statement for the
Interim Accounting Period shall contain or be accompanied by financial statements of the Registered Bank and the
Banking Group prepared in accordance with the requirements of the Financial Reporting Act 1993, including,
without limitation, section 13 of the Financial Reporting Act 1993, as if the Interim Accounting Period were an
Accounting Period, and as though:
(i) the references in the Financial Reporting Act 1993 to a “group” were to the Banking Group;
(ii) the Registered Bank and the Banking Group do not qualify for any exemptions pursuant to the Framework for
Differential Reporting issued by the Institute of Chartered Accountants of New Zealand; and
(iii) the Registered Bank and the Banking Group do not qualify for the reporting exemption provided in paragraph
4.16 (a) of FRS-33.
Next Page →
Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 2005, No 35
Gazette.govt.nz —
NZ Gazette 2005, No 35
✨ LLM interpretation of page content
💰
Registered Bank Disclosure Statement (Full and Half-Year—Overseas Incorporated Registered Banks) Order 2005
(continued from previous page)
💰 Finance & RevenueBanking, Disclosure Statements, Overseas Banks, Regulations, Financial Disclosures, Risk Management, Profitability, Capital Adequacy, Asset Quality, Credit Exposure, Guarantee Arrangements, Directorate, Auditors