11 FEBRUARY 2005

NEW ZEALAND GAZETTE, No. 35

943

17. The Directors’ and the New Zealand Chief Executive Officer’s Statement—The General Disclosure Statement shall contain:

(1) a statement by the Directors and the New Zealand Chief Executive Officer as to whether each Director and the New Zealand Chief Executive Officer believes, after due enquiry, that:

(a) the Disclosure Statement contains all the information that is required by this Order;
(b) the Disclosure Statement is not false or misleading;

as at the date on which the Disclosure Statement is signed; and

(2) a statement by the Directors and the New Zealand Chief Executive Officer as to whether each Director and the New Zealand Chief Executive Officer believes, after due enquiry, that:

(a) the Registered Bank had systems in place to monitor and control adequately the Banking Group’s Material risks, including Credit Risk, concentration of Credit Risk, Interest Rate Risk, Currency Risk, Equity Risk, liquidity risk and other business risks, and that those systems were being properly applied; and
(b) the Registered Bank has complied with the Conditions of Registration;

over the Accounting Period or Interim Accounting Period.

18. Financial Statements of the Overseas Bank and Overseas Banking Group—The General Disclosure Statement shall contain a statement:

(1) that a copy of the Registered Bank’s most recent Supplemental Disclosure Statement, which contains a copy of the most recent publicly available financial statements of the Overseas Bank and Overseas Banking Group, 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;

(2) specifying the categories of places where a copy of the Registered Bank’s most recent Supplemental Disclosure Statement, which contains a copy of the most recent publicly available financial statements of the Overseas Bank and Overseas Banking Group, will be provided at no charge to any person within 5 Working Days of a request for a copy having been made;

unless the content of the Supplemental Disclosure Statement is contained in the General Disclosure Statement.

Part V
Supplemental Disclosure Statement

19. General Matters—(1) Subject to subclause (2) of this clause, the Supplemental Disclosure Statement shall state only the information specified in clauses 20, 21, 22 and 23 of this Order.

(2) If a Supplemental Disclosure Statement would be false or misleading as a result of stating the information specified in subclause (1) of this clause, information and explanations that will make the Supplemental Disclosure Statement not false or misleading shall also be stated.

20. Guarantors—(1) Where a General Disclosure Statement states that a person guarantees any Material obligations of the Overseas Bank, and subclause (2) of this clause does not apply, the Supplemental Disclosure Statement shall contain a copy of the full guarantee contract and the most recent financial statements and group financial statements of the guarantor, together with a copy of the audit report (if any) relating to those statements, unless this information is already contained within the General Disclosure Statement.

(2) Where a General Disclosure Statement states that a person or persons have entered into any Material cross guaranteeing arrangements with the Registered Bank, the Supplemental Disclosure Statement shall contain a copy of the full guarantee contract if:

(a) there is a single contract which sets out the rights and obligations of all the cross guarantors; or
(b) there is a standard contract which is representative of the rights and obligations of each of the cross guarantors;

unless this information is already contained within the General Disclosure Statement.

21. Conditions of Registration—The Supplemental Disclosure Statement shall contain a copy of the Conditions of Registration which are 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, and state the date as from which such Conditions of Registration apply, unless this information is already contained within the General Disclosure Statement.

22. Financial Statements of the Overseas Bank and Overseas Banking Group—The Supplemental Disclosure Statement shall contain a copy of the most recent publicly available financial statements of the Overseas Bank and Overseas Banking Group, unless this information is already contained within the General Disclosure Statement.

23. Financial Statements of Insurance Business and Non-Financial Activities—Where the Overseas Bank conducts in New Zealand outside the Banking Group any Insurance Business or non-financial activities, the Supplemental Disclosure Statement shall contain a copy of the most recent publicly available financial statements and group financial statements of that business or those activities (Separately for the Insurance Business and for non-financial activities, as applicable), unless this information is already contained within the General Disclosure Statement.

DIANE MORCOM, Clerk of the Executive Council.

First Schedule
Supplementary Financial Disclosures And Asset Quality
Supplementary Financial Disclosures

1. The General Disclosure Statement shall contain, in respect of the Registered Bank and the Banking Group, for the Accounting Period or the Interim Accounting Period, or as at the Balance Date, as the case may be, the information required to be disclosed pursuant to clauses 3 and 4 of this Schedule.

2. The information required to be disclosed pursuant to clause 3 of this Schedule shall include comparative figures for the previous corresponding period.

3. Supplementary Information on the Statement of Financial Position:

   (1) total interest earning and discount bearing assets;