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NEW ZEALAND GAZETTE, No. 21

23 FEBRUARY 2007

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 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 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 Short Form Disclosure Statement for or on behalf of all Directors is completed.

(2) The General Short Form 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.

9. 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 Short Form 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 Off-Quarter 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 Short Form Disclosure Statement

10. Content of Financial and Supplementary Disclosures—The General Short Form Disclosure Statement shall contain short form financial statements and supplementary information for the Banking Group which include the information prescribed by the Schedules to this Order.

10A. Insurance Business—The General Short Form Disclosure Statement shall state whether the Banking Group conducts any Insurance Business, and if so, contain the following information:

(1) a description of the nature of each class of that Insurance Business;

(2) the aggregate amount of Insurance Business, where the amount so disclosed is calculated in accordance with the Registered Bank’s Conditions of Registration;

(3) comparatives for the previous corresponding period for the information required to be disclosed pursuant to subclause 10A(2).

11. Auditor’s Report—Where the General Short Form Disclosure Statement has been subject to audit or review by an external auditor, the General Short Form Disclosure Statement shall state the nature and scope of that audit or review and contain a copy of the auditor’s report.

12. The Directors’ Statement—The General Short Form Disclosure Statement shall contain:

(1) a statement by the Directors as to whether, each Director believes, after due enquiry, that:

(a) the Short Form Disclosure Statement contains all the information that is required by this Order;

(b) the Short Form Disclosure Statement is not false or misleading;

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

(2) a statement by the Directors as to whether each Director believes, after due enquiry, that:

(a) the Registered Bank has complied with the Conditions of Registration;

(b) Credit Exposures to Connected Persons (if any) were not contrary to the interests of the Banking Group; and

(c) 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;

over the First Quarter Accounting Period or Third Quarter Accounting Period.

Part V

Supplemental Disclosure Statement

13. General Matters—(1) Subject to subclause (2) of this clause, the Supplemental Disclosure Statement shall state only the information specified in clauses 14, 15 and 16 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.

14. Guarantors—(1) Where a General Short Form Disclosure Statement states that a person guarantees any Material obligations of the Registered 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 Short Form Disclosure Statement.