New Zealand Gazette – 2008 – No. 40

Page 1018

✨ Banking Disclosure Requirements

1018 NEW ZEALAND GAZETTE, No. 40 27 FEBRUARY 2008

(3) Either—

(a) the amount of the net tangible assets of the guarantor as
shown in the most recent publicly available audited
financial statements, together with any qualifications in
the auditor’s report on those financial statements that
reflect on the statement of those assets in the financial
statements; or

(b) if the guarantor is a bank, the most recent publicly
disclosed capital of the guarantor and the guarantor
group expressed as an amount and as a percentage of
risk weighted exposures, and the date to which that
measure of capital relates.

(4) A statement whether the guarantor has any credit ratings
applicable to its long term senior unsecured obligations payable
in the currency of the country of its incorporation, and if so, in
respect to each rating—

(a) the name of the person who gave the credit rating; and

(b) the current rating and all qualifications to that rating;
and

(c) each change made to the rating in the 2 years
immediately before the off-quarter balance date and the
date on which that change occurred; and

(d) descriptions or explanations of all steps in the
applicable rating scales.

7 Details of guaranteed obligations

(1) A description of the obligations that are guaranteed.

(2) A statement whether there are any limits on the amount of the
obligations guaranteed and, if so, a brief summary of the nature
of those limits.

(3) A statement whether there are any material conditions
applicable to the guarantee other than non-performance by the
principal obligor and, if so, a brief summary of those
conditions.

(4) A statement whether there are any material legislative or
regulatory restrictions in the guarantor’s country of
incorporation which would have the effect of subordinating the
claims under the guarantee of any of the creditors of the
registered bank on the assets of the guarantor, to other claims
on the guarantor, in a liquidation of that guarantor.

(5) If there are any such material legislative or regulatory
restrictions,—

    (a) the title of the legislation or regulatory restrictions
    involved; and

    (b) the nature of the subordination of the rights of the
    creditors; and

    (c) the amount of the liabilities that are affected.

8 Availability of copy of full guarantee contract

(1) A statement that a copy of the registered bank’s most recent
supplemental disclosure statement, which contains a copy of
the full guarantee contract, will be provided immediately at no
charge to any person requesting a copy if the request is made at
the registered bank’s head office.

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