472

NEW ZEALAND GAZETTE, No. 21

23 FEBRUARY 2007

(i)

Ranking of local creditors in a winding-up—
a statement as to 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 Key Information Summary shall also state:
(i) the name or title of the legislation or regulations involved and a summary of the nature of the subordination
of the rights of creditors of the Registered Bank which they create; and
(ii) the nature and amount of each class of the Registered Bank’s liabilities which are so affected;
(ia) where the Registered Bank is required by any statute to hold in New Zealand an excess of assets over deposit
liabilities, the name of the statute and 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;
(ib) 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:
(i) the name or title of the legislation or regulations which impose the requirement;
(ii) a description of the requirement;
(iii) a statement that the requirement has the potential to impact on the management of the liquidity of the New
Zealand operations of the Overseas Bank;
(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 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 is contained in the Registered Bank’s Supplemental Disclosure Statement or General
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 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(4), 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
6.
General Matters—(1) In respect of the Registered Bank, the General Disclosure Statement shall state its name and
Address for Service.
(2) In respect of the Overseas Bank, the General 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.