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Annual Report 2009 on Form 20-F (PDF) - Deutsche Bank Annual ...

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Capital Adequacy Requirements<br />

The <strong>Bank</strong>ing Act and the Solvency Regulati<strong>on</strong> issued by the BaFin thereunder reflect the capital adequacy<br />

rules of Basel II and require German banks to maintain an adequate level of regulatory capital in relati<strong>on</strong> to<br />

their risk positi<strong>on</strong>s. Risk positi<strong>on</strong>s (comm<strong>on</strong>ly referred to as “risk-weighted assets” or “RWA”) comprise credit<br />

risks, market risks and operati<strong>on</strong>al risks (comprising, am<strong>on</strong>g other things, risks related to certain external<br />

factors, as well as to technical errors and errors of employees). Credit risks and operati<strong>on</strong>al risks must be<br />

covered with Tier 1 capital (“core capital”) and Tier 2 capital (“supplementary capital”) (together, “regulatory<br />

banking capital”). Market risk must be covered with regulatory banking capital (to the extent not required to<br />

cover credit and operati<strong>on</strong>al risk) and Tier 3 capital (together with regulatory banking capital, “own funds”).<br />

Under certain circumstances, the BaFin may impose capital requirements <strong>on</strong> individual banks which are more<br />

stringent than statutory requirements. For details of our regulatory capital see Note [36] to the c<strong>on</strong>solidated<br />

financial statements.<br />

Limitati<strong>on</strong>s <strong>on</strong> Large Exposures<br />

The <strong>Bank</strong>ing Act and the Large Exposure Regulati<strong>on</strong> (Großkredit- und Milli<strong>on</strong>enkreditverordnung) limit a<br />

bank’s c<strong>on</strong>centrati<strong>on</strong> of credit risks through restricti<strong>on</strong>s <strong>on</strong> large exposures (Großkredite). All exposures to<br />

a single customer (and customers c<strong>on</strong>nected with it) are aggregated for these purposes.<br />

An exposure incurred in the banking book that equals or exceeds 10 % of the bank’s regulatory banking capital<br />

c<strong>on</strong>stitutes a banking book large exposure. A banking book and trading book exposure taken together that<br />

equals or exceeds 10 % of the bank’s own funds c<strong>on</strong>stitutes an aggregate book large exposure. No large<br />

exposure may exceed 25 % of the bank’s regulatory banking capital or own funds, as applicable. Where the<br />

exposure is to affiliates of the bank that are not c<strong>on</strong>solidated for regulatory purposes the limit is <strong>20</strong> %.<br />

In additi<strong>on</strong>, the total of all banking book large exposures must not exceed eight times the bank’s regulatory<br />

banking capital and the total of all aggregate book large exposures must not exceed eight times the bank’s<br />

own funds.<br />

A bank may exceed these ceilings <strong>on</strong>ly with the approval of the BaFin and subject to increased capital<br />

requirements for the amount of the large exposure that exceeds the ceiling.<br />

Furthermore, total trading book exposures to a single customer (and customers affiliated with it) must not<br />

exceed five times the bank’s own funds that are not required to meet the capital adequacy requirements with<br />

respect to the banking book. Total trading book exposures to a single customer (and customers affiliated with<br />

it) in excess of the aforementi<strong>on</strong>ed limit are not permitted.<br />

C<strong>on</strong>solidated Regulati<strong>on</strong> and Supervisi<strong>on</strong><br />

The <strong>Bank</strong>ing Act’s provisi<strong>on</strong>s <strong>on</strong> c<strong>on</strong>solidated supervisi<strong>on</strong> require that each group of instituti<strong>on</strong>s (Institutsgruppe)<br />

taken as a whole complies with the requirements <strong>on</strong> capital adequacy and the limitati<strong>on</strong>s <strong>on</strong> large<br />

exposures described above. A group of instituti<strong>on</strong>s generally c<strong>on</strong>sists of a domestic bank or financial services<br />

instituti<strong>on</strong>, as the parent company, and all other banks, financial services instituti<strong>on</strong>s, investment management<br />

companies, financial enterprises, ancillary services enterprises or payment instituti<strong>on</strong>s in which the<br />

41

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