496

NEW ZEALAND GAZETTE, No. 21

23 FEBRUARY 2007

(e) Size—

(i) total assets of the Overseas Banking Group as at the most recent date for which the information is publicly available and the percentage change in total assets over the 12 months ending on that date;

(ii) total assets of the Banking Group and the percentage change in total assets over the 12 months ending on the current Off-Quarter Balance Date;

(f) Capital adequacy—

the most recent publicly available information on the capital adequacy of the Overseas Bank and Overseas Banking Group, disclosing:

(i) Tier One Capital expressed as a percentage of risk weighted exposures and the minimum percentage of this ratio required by the appropriate banking supervisory authority in the Overseas Bank’s country of domicile;

(ii) Capital expressed as a percentage of risk weighted exposures and the minimum percentage of this ratio required by the appropriate banking supervisory authority in the Overseas Bank’s country of domicile;

(g) Asset quality—

(i) total Impaired Assets (before provisions and net of interest held in suspense);

(ii) total Impaired Assets expressed as a percentage of total assets;

(iii) total Specific Provisions;

(iv) total Specific Provisions expressed as a percentage of total Impaired Assets;

in respect of:

(v) the Overseas Banking Group as at the most recent date for which the information is publicly available; and

(vi) the Banking Group;

(h) Peak Credit Exposure concentrations—

for the First Quarter Accounting Period or the most recent quarter of the Third Quarter Accounting Period:

(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 aggregate Credit Exposure which equals or exceeds 10% of the Overseas Banking Group’s Equity, in successive ranges of 10% of the Overseas Banking Group’s Equity.

This information shall be disclosed using the methodology set out in Schedule 5 of this Order. A Registered Bank shall state that this information excludes exposures to any OECD Government;

(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 Short Form 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;