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NEW ZEALAND GAZETTE, No. 21

23 FEBRUARY 2007

Short Form Disclosure Statements shall be Published in the following manner:

(a) every Registered Bank shall prominently display the Registered Bank’s most recent Key Information Summary at the Registered Bank’s head office, every branch of the Registered Bank, every other Premises of the Registered Bank, and every Premises of an agency of the Registered Bank primarily engaged in the business of the Registered Bank;

(b) every Registered Bank shall provide to any person a copy of its most recent Key Information Summary immediately upon request and at no charge;

(c) where a Registered Bank publishes information on an internet web site which includes any information directed primarily at its New Zealand customers or potential customers, the Registered Bank shall make available or display a copy of its most recent Key Information Summary on that internet web site;

(d) every Registered Bank shall notify each of its customers holding a Direct Banking Account of the availability of its most recent Key Information Summary, as soon as is practicable after the publication of that Key Information Summary, and shall state that the Key Information Summary is available immediately upon request and at no charge;

(e) every Registered Bank shall provide a copy of its most recent General Short Form Disclosure Statement at no charge, immediately to any person requesting a copy where the request is made at the Registered Bank’s head office and within five Working Days where the request is made at any branch of the Registered Bank, any other Premises of the Registered Bank, or any Premises of an agency of the Registered Bank primarily engaged in the business of the Registered Bank;

(f) every Registered Bank shall provide a copy of its most recent Supplemental Disclosure Statement, or such part of it as is requested, at no charge, immediately to any person requesting a copy where the request is made at the Registered Bank’s head office and within five Working Days where the request is made at any branch of the Registered Bank, any other Premises of the Registered Bank, or any Premises of an agency of the Registered Bank primarily engaged in the business of the Registered Bank, unless the content of a Supplemental Disclosure Statement is included in the General Short Form Disclosure Statement; and

(g) every Registered Bank shall deliver a copy of its most recent Short Form Disclosure Statement to the Reserve Bank on the Publication Date.

4. General Provisions Relating to Content of Short Form Disclosure Statement—

(1) (a) In addition to the information which is required by this Order, a Short Form Disclosure Statement:

(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 Short Form 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 Short Form 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 Short Form 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 Short Form 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 Short Form 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 Short Form 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 or by the requirements of the Financial Reporting Act 1993 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;