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SEC Form 20-F - Deutsche Bank Annual Report 2012

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<strong>Deutsche</strong> <strong>Bank</strong> Item 3: Key Information 11<br />

<strong>Annual</strong> <strong>Report</strong> <strong>20</strong>10 on <strong>Form</strong> <strong>20</strong>-F<br />

As is the case with a significant number of other participants in the mortgage securitizations market and as<br />

described in Note 28 “Provisions” to our consolidated financial statements, we have received subpoenas and<br />

requests for information from certain regulators and government entities concerning our RMBS businesses.<br />

We are cooperating fully in response to those subpoenas and requests for information. Also as described therein,<br />

we have a number of pending lawsuits against us or our affiliates as issuer and/or underwriter of RMBS. Such<br />

RMBS litigations pending are in early stages and we continue to defend these actions vigorously. As described<br />

further below, legal and regulatory proceedings are subject to many uncertainties, and the outcome of individual<br />

matters is not predictable with assurance.<br />

We have a continuous demand for liquidity to fund our business activities. We may suffer during<br />

periods of market-wide or firm-specific liquidity constraints and are exposed to the risk that liquidity is<br />

not made available to us even if our underlying business remains strong.<br />

We are exposed to liquidity risk, which is the risk arising from our potential inability to meet all payment obligations<br />

when they become due or only being able to meet them at excessive costs. Our liquidity may become impaired<br />

due to a reluctance of our counterparties or the market to finance our operations due to actual or perceived<br />

weaknesses in our businesses. Such impairments can also arise from circumstances unrelated to our businesses<br />

and outside our control, such as, but not limited to, disruptions in the financial markets, like those experienced<br />

during <strong>20</strong>08 and early <strong>20</strong>09, negative developments concerning other financial institutions perceived to be<br />

comparable to us, or negative views about the financial services industry in general, or disruptions in the markets<br />

for any specific class of assets. Negative perceptions concerning our business and prospects could develop as<br />

a result of large losses, changes of our credit ratings, a general decline in the level of business activity in the<br />

financial services sector, regulatory action, serious employee misconduct or illegal activity, as well as many<br />

other reasons.<br />

Since the start of the financial crisis the major credit rating agencies have lowered our credit ratings or placed<br />

them on review or watch. Ratings downgrades may impact the cost and availability of our funding, collateral<br />

requirements and the willingness of counterparties to do business with us.<br />

We require capital to support our business activities and meet regulatory requirements. Losses could<br />

diminish our capital, and market conditions may prevent us from raising additional capital or increase<br />

our cost of capital.<br />

In the wake of the financial crisis in <strong>20</strong>08 and early <strong>20</strong>09, the price of our shares declined and the spreads on<br />

our credit default swaps widened. If the levels of market disruption and volatility experienced in <strong>20</strong>08 and early<br />

<strong>20</strong>09 recur, our ability to access the capital markets and obtain the necessary funding to support our business<br />

activities on acceptable terms may be adversely affected. Among other things, an inability to refinance assets<br />

on our balance sheet or maintain appropriate levels of capital to protect against deteriorations in their value could<br />

force us to liquidate assets we hold at depressed prices or on unfavorable terms, as well as forcing us to curtail<br />

business, such as extending new credit. This could have an adverse effect on our business, financial condition<br />

and results of operations.<br />

Also, regulatory reforms applicable to the financial services industry have been proposed that could subject us<br />

to more stringent regulatory capital requirements. Meeting any such requirements may require us to issue<br />

securities that qualify as regulatory capital, including equity securities, or to liquidate assets or curtail business,<br />

which may have adverse effects on our business, financial condition and results of operations, particularly if<br />

any such proposal becomes effective at a time when financial markets are distressed, but also under normal<br />

market conditions.

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