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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 13<br />

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

Already-enacted legislation includes the Dodd-Frank Wall Street Reform and Consumer Protection Act (the<br />

“Dodd-Frank Act”) enacted in the United States in July <strong>20</strong>10.The Dodd-Frank Act has numerous provisions that<br />

could affect our operations. Although there remains uncertainty as to how regulators will implement the Dodd-<br />

Frank Act, various elements of the new law may negatively affect our profitability and require that we change<br />

some of our business practices, and we may incur additional costs as a result (including increased compliance<br />

costs). These elements and their effects may also require us to invest significant management attention and<br />

resources to make any necessary changes in order to comply with the new regulations.<br />

For some proposals for financial industry reform, formal consultations and impact studies have begun, while<br />

other proposals are only in the political debating stage. It is presently unclear which of these proposals, if any,<br />

will become law and, if so, to what extent and on what terms. Therefore, we cannot assess their effects on us<br />

at this point. It is possible, however, that the future regulatory framework for financial institutions may change,<br />

perhaps significantly, which creates significant uncertainty for us and the financial industry in general.<br />

Effects of the regulatory changes on us may range from additional administrative costs to implement and comply<br />

with new rules to increased costs of funding and/or capital, up to restrictions on our growth and on the businesses<br />

we are permitted to conduct. Should proposals be adopted that require us to materially alter our business model,<br />

the resulting changes could have a material adverse effect on our business, results of operations and financial<br />

condition as well as on our prospects.<br />

Operational risks may disrupt our businesses.<br />

We face operational risk arising from errors, inadvertent or intentional, made in the execution, confirmation or<br />

settlement of transactions or from transactions not being properly recorded, evaluated or accounted for. Derivative<br />

contracts are not always confirmed with the counterparties on a timely basis; while the transaction remains<br />

unconfirmed, we are subject to heightened credit and operational risk and in the event of a default may find it<br />

more difficult to enforce the contract. The recent financial crisis, in which the risk of counterparty default has<br />

increased, has increased the possibility that this operational risk materializes.<br />

Our businesses are highly dependent on our ability to process, on a daily basis, a large number of transactions<br />

across numerous and diverse markets in many currencies and certain of the transactions we process have<br />

become increasingly complex. Consequently, we rely heavily on our financial, accounting and other data<br />

processing systems. If any of these systems do not operate properly, or are disabled, we could suffer financial<br />

loss, a disruption of our businesses, liability to clients, regulatory intervention or reputational damage.<br />

In addition, despite the contingency plans we have in place, our ability to conduct business may be adversely<br />

impacted by a disruption in the infrastructure that supports our businesses and the communities in which we<br />

are located. This may include a disruption due to terrorist activities, or disease pandemics, as well as disruption<br />

involving electrical, communications, transportation or other services used by us or third parties with whom we<br />

conduct business.<br />

The size of our clearing operations exposes us to a heightened risk of material losses should these<br />

operations fail to function properly.<br />

We have large clearing and settlement businesses. These give rise to the risk that we, our customers or other<br />

third parties could lose substantial sums if our systems fail to operate properly for even short periods. This will<br />

be the case even where the reason for the interruption is external to us. In such a case, we might suffer harm<br />

to our reputation even if no material amounts of money are lost. This could cause customers to take their business<br />

elsewhere, which could materially harm our revenues and our profits.

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