962

NEW ZEALAND GAZETTE, No. 35

11 FEBRUARY 2005

(ic) Non-consolidated activities—
(i) a statement as to whether the Overseas Bank conducts in New Zealand outside the Banking Group any Insurance Business or non-financial activities; and if so
(ii) the total assets, total equity, and total profits before and after tax of that business or those activities on a consolidated basis, separately for Insurance Business and for non-financial activities, as applicable, and if that business is conducted by an overseas incorporated company, separately in respect of the overseas company’s group and that group’s New Zealand Business;
(iii) a statement that the most recent publicly available financial statements and group financial statements for:
– Insurance Business conducted in New Zealand outside the Banking Group; and
– non-financial activities conducted in New Zealand outside the Banking Group;
(separately, as applicable) are contained in the Registered Bank’s Supplemental Disclosure Statement or General Short Form Disclosure Statement (state which), copies of which (or that part of which, as applicable) will be provided at no charge to any person requesting a copy in the manner described in paragraph (k) of this subclause;

(j) Financial statements of the Overseas Bank and Overseas Banking Group—
a statement that a copy of the most recent publicly available financial statements of the Overseas Bank and Overseas Banking Group are contained in the Registered Bank’s Supplemental Disclosure Statement or General Short Form Disclosure Statement (state which), copies of which (or of that part of which, as applicable) will be provided at no charge to any person requesting a copy in the manner described in paragraph (k) of this subclause; and

(k) 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 five working days of a request for a copy having been made.

Part III
General Disclosures to be Contained in General Short Form Disclosure Statement

6. General Matters—(1) In respect of the Registered Bank, the General Short Form Disclosure Statement shall state its name and Address for Service.

(2) In respect of the Overseas Bank, the General Short Form Disclosure Statement shall state:
(a) its name and the address of its principal office, or place of business, outside New Zealand;
(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.

(3) Where applicable, the General Short Form Disclosure Statement shall state:
(a) the name and Address for Service of the Ultimate Parent Bank of the Overseas Bank;
(b) the name and Address for Service of the Ultimate Holding Company of the Overseas 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.

(4) The General Short Form Disclosure Statement shall state whether there are any Material legislative or regulatory restrictions in the Overseas Bank’s country of incorporation which subordinate the claims of any class of unsecured creditors of the Registered Bank on the assets of the Overseas Bank to those of any other class of unsecured creditors of the Overseas Bank, in a winding up of that Overseas Bank. If so, the General Short Form Disclosure Statement shall also state:
(a) the name or title of the legislation or regulations involved and the nature of the subordination of the rights of creditors of the Registered Bank which they create; and
(b) the nature and amount of each class of the Registered Bank’s liabilities which are so affected.

(5) Where the Registered Bank is required by any statute to hold in New Zealand an excess of assets over deposit liabilities, the General Short Form Disclosure Statement shall state the name of the statute and contain a description of the requirement and a statement as to whether, since the commencement of the Accounting Period, the Registered Bank has at all times complied with that requirement.

(6) Where the Overseas Bank is subject to any regulatory or legislative requirement in the Overseas Bank’s country of incorporation to maintain sufficient assets in that country to cover an ongoing obligation to pay deposit liabilities in that country, the General Short Form Disclosure Statement shall:
(a) state the name or title of the legislation or regulations which impose the requirement;
(b) contain a description of the requirement;
(c) state that the requirement has the potential to impact on the management of the liquidity of the New Zealand operations of the Overseas Bank.

(7) The General Short Form Disclosure Statement shall state:
(a) whether there have been any changes in the composition of the Overseas 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, and if applicable, the New Zealand Chief Executive Officer, on whose behalf each Responsible Person has signed the Short Form Disclosure Statement.