Banking Disclosure Requirements




23 FEBRUARY 2007

NEW ZEALAND GAZETTE, No. 21

425

(i) the number of individual non Bank Counterparties or Groups of Closely Related Counterparties of which a
Bank is not the parent; and

(ii) the number of individual Bank Counterparties or Groups of Closely Related Counterparties of which a Bank
is the parent;

to which the Banking Group has a peak end-of-day aggregate Credit Exposure which equals or exceeds 10% of the
Banking Group’s Equity, in successive ranges of 10% of the Banking Group’s Equity.

This information shall be disclosed using the methodology set out in Schedule 3 of this Order. A Registered Bank
shall state that this information excludes exposures to Connected Persons and any OECD Government;

(i) Credit Exposures to Connected Persons—

(i) (A) the peak end-of-day aggregate Credit Exposure (of a non-capital nature and net of Specific Provisions)
to Connected Persons expressed as an amount and as a percentage of Tier One Capital;

(B) the peak end-of-day aggregate Credit Exposure (of a non-capital nature and net of Specific Provisions)
to Non-Bank Connected Persons expressed as an amount and as a percentage of Tier One Capital;

for the most recent quarter of the Accounting Period or Interim Accounting Period using the methodology
for disclosing this information set out in the Fourth Schedule of this Order. A Registered Bank shall state
that this Credit Exposure information has been derived net of Specific Provisions and excluding advances to
Connected Persons of a capital nature;

(ii) (A) a statement as to whether the limits on aggregate Credit Exposure to Connected Persons and to
Non-Bank Connected Persons in the Registered Bank’s Conditions of Registration have been complied
with at all times over the most recent quarter of the Accounting Period or Interim Accounting Period;
and

(B) if not, the nature and amount of any breaches of those limits;

(j) Availability of Disclosure Statements—
a statement:

(i) that copies of the Registered Bank’s most recent General 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 Disclosure
Statement and Supplemental Disclosure Statement will be provided at no charge to any person within
5 Working Days of a request for a copy having been made.

Auditor’s Report—

(7) The Key Information Summary shall contain an auditor’s report, set out after the information disclosed in accordance
with subclause 5(6) and any information disclosed in accordance with subclause 5(5), which shall state:

(a) that the Key Information Summary has been examined by the auditor;

(b) whether the Key Information Summary has been completed in accordance with this Order and whether the
information contained in it has been properly taken, where applicable, from the information contained in the
General Disclosure Statement; and

(c) the nature of the audit examination conducted in respect of information drawn from the General Disclosure
Statement, and whether a qualified or unqualified opinion has been given in respect of that information.

Part III
General Disclosures to be Contained in General Disclosure Statement

  1. General Matters—(1) In respect of the Registered Bank, the General Disclosure Statement shall state:

(a) its name and Address for Service;

(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.

(2) Where applicable, the General Disclosure Statement shall state:

(a) the name and Address for Service of the Ultimate Parent Bank of the Registered Bank;

(b) the name and Address for Service of the Ultimate Holding Company of the Registered 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.

(3) To the extent that the information is, upon reasonable investigation, able to be obtained by the Registered Bank, the
General Disclosure Statement shall state:

(a) the name of each person who has a direct or indirect qualifying interest in 5% or more of the voting securities of
the Registered Bank, and the percentage of the interest that each of those persons holds;

(b) the nature of each interest identified in (a) above if the person holding it is not a registered and beneficial holder of
the securities; and

(c) the name of each person who has the ability to directly or indirectly appoint 25% or more of the board of directors
(or other persons exercising powers of management, however described), and the percentage of the Directors that
each of those persons has the ability to appoint.

For the purposes of this subclause, the terms "qualifying interest" and "voting securities" shall have the same meaning as
in section 2 of the Act.

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


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 2007, No 21


Gazette.govt.nz PDF NZ Gazette 2007, No 21





✨ LLM interpretation of page content

💰 Registered Bank Disclosure Statement (Full and Half-Year—New Zealand Incorporated Registered Banks) Order 2007 (continued from previous page)

💰 Finance & Revenue
19 February 2007
Banking, Disclosure Statements, Registered Banks, Regulations, Key Information Summary, Financial Condition, Corporate Information, Credit Rating, Profitability, Capital Adequacy, Asset Quality