470 NEW ZEALAND GAZETTE, No. 21 23 FEBRUARY 2007

(i) shall contain such other information as in the opinion of the Directors and New Zealand Chief Executive
Officer it is necessary or desirable to include so as to ensure that any information contained in the Disclosure
Statement is not false or misleading in any Material particular; and

(ii) subject to any express provision to the contrary in this Order, may contain such other information as the
Directors and New Zealand Chief Executive Officer consider appropriate.

(b) A Disclosure Statement shall not contain any offer (within the meaning of that term as defined in section 2 of the
Securities Act 1978) of any Debt Securities, but may contain information required for the purposes of regulation
21(2) and regulation 22(d) of the Securities Regulations 1983.

(2) Subject to the Act and this clause, nothing in this Order shall limit the provisions of any other enactment.

(3) Where this Order requires or permits a Disclosure Statement to incorporate information about any person, business, or
group in respect of a stated period, that information need not relate to any part of that period for which the person, business,
group or any part thereof did not exist. Where the Disclosure Statement contains information in respect of a period that is less
than the stated period, it shall identify the period in respect of which the information is provided.

(4) The Disclosure Statement shall not state or imply that a person is, or intends to become, a shareholder of the Overseas
Bank, or of a member of the Overseas Banking Group, without also stating whether that person guarantees any of the
obligations of the Registered Bank or any member of the Banking Group.

(5) Subject to subclause (7) of this clause, where a Registered Bank is unable because of systems limitations or because of
circumstances beyond its control to disclose information which the Registered Bank would, pursuant to this Order, be required
to disclose, the Disclosure Statement shall:

(a) state that fact, and an explanation of the circumstances; and

(b) contain information which is the closest available alternative to that required to be disclosed pursuant to this Order.

(6) The comparative information required to be disclosed by this Order for the previous corresponding period shall be
restated so that it corresponds to the information presented for the current period. Where there has been a Material restatement
of prior period amounts, the nature of, and the reason for, the restatement shall be disclosed.

(7) A Registered Bank need not disclose comparative information where this information is not readily available, provided
that comparative information shall be deemed to be readily available 12 months after the date at which such information was
first required to be Published.

(8) A Registered Bank shall disclose the currency used where financial statements, or information drawn from financial
statements, are disclosed in a currency other than New Zealand dollars.

(9) Other than in the case of copies of guarantee contracts, all information disclosed in accordance with this Order shall be
disclosed in English.

(10) Where a Registered Bank has adopted NZ IASs and NZ IFRSs all the requirements of this Order shall apply to that
Registered Bank, using, as applicable, the following principles as a basis for the interpretation of the provisions of this Order:

(a) all the terms set out in subclause 2(4) of Part I of this Order shall have the same meaning as in that subclause,
unless they are modified by subclause 2(5) of this Order;

(b) any reference in this Order to the phrase "provision for expected losses" is deemed to refer to an "Allowance for
impairment loss" of the type defined in subclause 2(5);

(c) any reference in this Order to the phrase "provision for diminution in asset value" is deemed to refer to "an
allowance for impairment loss created in respect of a non-financial asset";

(d) any reference in this Order to the term "pre-provision" is deemed to refer to the term "pre-allowance";

(e) information shall be disclosed using terminology deemed to apply by this subclause 4(10) or by subclause 2(5) of
Part I of this Order, except that information relating to Specific Provisions shall be disclosed using the terminology
"Allowance for impairment loss on individual assets", and information relating to General Provisions shall be
disclosed using the terminology "Allowance for impairment loss on groups of financial assets".

Part II
Key Information Summary

5. Content of Key Information Summary—(1) Subject to subclause (2) of this clause, the Key Information Summary
   shall contain, in the same order and under the same headings, the information required to be disclosed pursuant to subclause
   (6) of this clause, as at the Registered Bank’s Balance Date or for the Accounting Period or Interim Accounting Period, as the
   case may be, unless otherwise stated.

(2) If a Key Information Summary would be false or misleading as a result of stating the information required to be disclosed
pursuant to subclause (6) of this clause, information and explanations that will make the Key Information Summary not false
or misleading shall also be stated under the relevant heading.

(3) Where applicable, the information contained in the Key Information Summary shall be taken from the information
contained in the General Disclosure Statement.

(4) The Key Information Summary may contain additional information, to which the information stated pursuant to
subclause (6) of this clause may refer by way of note, provided that such information is set out after the information required to
be disclosed pursuant to subclause (6) of this clause.

(5) The information required to be disclosed pursuant to subclause (6)(d) to (h) of this clause shall include comparative
figures for the previous corresponding period.

(6) The Key Information Summary shall contain:

(a) Introductory information—

the following statement:

"The purpose of this Key Information Summary is to provide customers and potential customers with
information about the financial condition of their bank."