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SEC Form 20-F - Deutsche Bank Annual Report 2012

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<strong>Deutsche</strong> <strong>Bank</strong> Notes to the Consolidated Balance Sheet F-132<br />

<strong>Annual</strong> <strong>Report</strong> <strong>20</strong>10 on <strong>Form</strong> <strong>20</strong>-F 28 – Provisions<br />

28 –<br />

Provisions<br />

The following table presents movements by class of provisions.<br />

in € m.<br />

Operational/<br />

Litigation Other Total 1<br />

Balance as of January 1, <strong>20</strong>09 762 446 1,<strong>20</strong>8<br />

Changes in the group of consolidated companies 2 4 6<br />

New provisions 338 152 490<br />

Amounts used (164) (155) (319)<br />

Unused amounts reversed (183) (115) (298)<br />

Effects from exchange rate fluctuations/Unwind of discount 3 9 12<br />

Other – – –<br />

Balance as of December 31, <strong>20</strong>09 758 341 1,099<br />

Changes in the group of consolidated companies 44 1,148 2<br />

1,192<br />

New provisions 318 225 543<br />

Amounts used (511) (141) (652)<br />

Unused amounts reversed (130) (102) (232)<br />

Effects from exchange rate fluctuations/Unwind of discount 44 15 59<br />

Other 3 (7) (17) (24)<br />

Balance as of December 31, <strong>20</strong>10 516 1,469 1,985<br />

1 For the remaining portion of provisions as disclosed on the consolidated balance sheet, please see Note 19 “Allowance for Credit Losses”, in which allowances for<br />

credit related off-balance sheet positions are disclosed.<br />

2 The increase is mainly attributable to the consolidation of <strong>Deutsche</strong> Postbank AG. Included in this amount are provisions in the home savings business of<br />

€ 842 million as of December 31, <strong>20</strong>10.<br />

3 Includes mainly reclassifications to liabilities held for sale.<br />

Operational and Litigation<br />

The Group defines operational risk as the potential for incurring losses in relation to staff, technology, projects,<br />

assets, customer relationships, other third parties or regulators, such as through unmanageable events, business<br />

disruption, inadequately-defined or failed processes or control and system failure.<br />

The Group operates in a legal and regulatory environment that exposes it to significant litigation risks. As a<br />

result, the Group is involved in litigation, arbitration and regulatory proceedings in Germany and in a number of<br />

jurisdictions outside Germany, including the United States, arising in the ordinary course of business. The<br />

Group provides for potential losses that may arise out of contingencies, including contingencies in respect of<br />

such matters, when it is probable that a liability exists, and the amount can be reasonably estimated. In accordance<br />

with IAS 37, Provisions, Contingent Liabilities and Contingent Assets, for certain contingencies information<br />

generally required is not disclosed, if the Group concludes that the disclosure can be expected to seriously<br />

prejudice the outcome of the proceeding.<br />

Contingencies in respect of legal matters are subject to many uncertainties and the outcome of individual matters<br />

is not predictable with assurance. Significant judgment is required in assessing probability and making estimates<br />

in respect of contingencies, and the Group’s final liabilities may ultimately be materially different. The Group’s<br />

total liability recorded in respect of litigation, arbitration and regulatory proceedings is determined on a case-bycase<br />

basis and represents an estimate of probable losses after considering, among other factors, the progress<br />

of each case, the Group’s experience and the experience of others in similar cases, and the opinions and<br />

views of legal counsel. Although the final resolution of any such matters could have a material effect on the<br />

Group’s consolidated operating results for a particular reporting period, the Group believes that it will not

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