23 FEBRUARY 2007

NEW ZEALAND GAZETTE, No. 21

499

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).

10B. Non-Consolidated Activities—The General Short Form Disclosure Statement shall contain 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

(1) a brief explanation of the Overseas Bank’s involvement in that business or activities;

(2) 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 or those activities are conducted by an overseas incorporated company, separately in respect of the overseas company’s group and that group’s New Zealand Business;

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

(4) if the content of the Supplemental Disclosure Statement is not contained in the General Short Form Disclosure Statement, a statement that a copy of the Registered Bank’s most recent Supplemental Disclosure Statement which contains 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) will be provided at no charge to any person requesting a copy where the request is made at the Registered Bank’s head office, or within five Working Days where the request is made at (state the categories of places).

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’ and the New Zealand Chief Executive Officer’s Statement—The General Short Form Disclosure Statement shall contain:

(1) a statement by the Directors and the New Zealand Chief Executive Officer as to whether each Director and the New Zealand Chief Executive Officer 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 and the New Zealand Chief Executive Officer as to whether each Director and the New Zealand Chief Executive Officer believes, after due enquiry, that:

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

(b) 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.

13. Financial Statements of the Overseas Bank and Overseas Banking Group—The General Short Form Disclosure Statement shall contain a statement:

(1) that a copy of the Registered Bank’s most recent Supplemental Disclosure Statement, which contains a copy of the most recent publicly available financial statements of the Overseas Bank and Overseas Banking Group, 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;

(2) specifying the categories of places where a copy of the Registered Bank’s most recent Supplemental Disclosure Statement, which contains a copy of the most recent publicly available financial statements of the Overseas Bank and Overseas Banking Group, will be provided within five Working Days where the request is made at those places.