11 FEBRUARY 2005

NEW ZEALAND GAZETTE, No. 35

963

7. Guarantee Arrangements—(1) The General Short Form Disclosure Statement shall state whether the Material
   obligations of the Overseas Bank are guaranteed.

(2) Where a person guarantees any Material obligations of the Overseas Bank, and where subclause (3) of this clause does
not apply, the General Short Form Disclosure Statement shall state:

(a) the name and Address for Service of the guarantor;

(b) whether the guarantor is a member of the Banking Group or Overseas Banking Group;

(c) the nature of the obligations which are guaranteed, including a description sufficient to identify them;

(d) whether there are any limits on the amount of the obligations guaranteed and, if so, a brief summary of the nature of
those limits;

(e) whether there are any Material conditions applicable to the guarantee other than non-performance by the principal
obligor and, if so, a brief summary of those conditions;

(f) whether there are any Material legislative or regulatory restrictions in the guarantor’s country of incorporation
which would have the effect of subordinating the claims under the guarantee of any of the creditors of the Overseas
Bank on the assets of the guarantor, to other claims on the guarantor, in a winding up of that guarantor. If so, the
General Short Form Disclosure Statement shall also state:

(i) the name or title of the legislation or regulations involved and the nature of the subordination of the rights of
the creditors which they create;

(ii) the amount of the liabilities which are so affected;

(g)

(i) the amount of the net tangible assets of the guarantor as shown in the most recent publicly available audited
financial statements, together with any qualifications in the auditor’s report on those financial statements that
reflect on the statement of those assets in the financial statements; or

(ii) where the guarantor is a Bank, the most recent publicly disclosed Capital of the guarantor and the guarantor
group, expressed as an amount and as a percentage of risk weighted exposures, and the date to which that
measure of Capital relates;

(h) whether the guarantor has a credit rating applicable to its long term senior unsecured obligations payable in the
currency of the country of its incorporation, and if so, in respect to each such rating:

(i) the name of the person who gave the credit rating;

(ii) the current rating and all qualifications to that rating;

(iii) any changes made to the rating in the two years preceding the Off-Quarter Balance Date and the date on
which any such change occurred;

(iv) descriptions or explanations of all steps in the applicable rating scales;

(i)

(i) that a copy of the Registered Bank’s most recent Supplemental Disclosure Statement, which contains a copy
of the full guarantee contract, 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) the categories of places where a copy of the Registered Bank’s most recent Supplemental Disclosure
Statement, which contains a copy of the full guarantee contract, 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 Short Form Disclosure
Statement.

(3) Where a person or persons have entered into any Material cross guaranteeing arrangements with the Overseas Bank, the
General Short Form Disclosure Statement shall:

(a) describe the guaranteeing group and the nature of the cross-guaranteeing arrangements;

(b) state the information required to be disclosed pursuant to clauses 7 (2) (d) to (f) as if those clauses applied to the
guarantees of the obligations of the Overseas Bank, as well as to the guarantees the Overseas Bank has given in
respect of the first mentioned person’s or persons’ obligations;

(c) if there is a single contract which sets out the rights and obligations of all the cross guarantors; or if there is
a standard contract which is representative of the rights and obligations of each of the cross guarantors, contain a
statement:

(i) that a copy of the Registered Bank’s most recent Supplemental Disclosure Statement, which contains a copy
of the full guarantee contract, 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 a copy of the Registered Bank’s most recent Supplemental
Disclosure Statement, which contains a copy of the full guarantee contract, 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 Short Form Disclosure
Statement.

8. Conditions of Registration—(1) The General Short Form 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 Short Form 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 Short Form Disclosure Statement, for or on behalf of all Directors and the New Zealand Chief Executive