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SEC Form 20-F - Deutsche Bank Annual Report 2012

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<strong>Deutsche</strong> <strong>Bank</strong><br />

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

Item 4: Information on the Company 43<br />

levied on the other participating banks. Following the increase of the protected amounts of customer claims in<br />

<strong>20</strong>09 and <strong>20</strong>10, our contributions to our investor compensation institution increased.<br />

Voluntary Deposit Protection System<br />

Liabilities to creditors that are not covered under the Deposit Guarantee Act may be covered by one of the<br />

various protection funds set up by the banking industry on a voluntary basis. We take part in the Deposit Protection<br />

Fund of the Association of German <strong>Bank</strong>s (Einlagensicherungsfonds des Bundesverbandes deutscher<br />

<strong>Bank</strong>en e.V.). The Deposit Protection Fund covers liabilities to customers up to an amount equal to 30 % of the<br />

bank’s core capital and supplementary capital (to the extent that supplementary capital does not exceed 25 %<br />

of core capital). Liabilities to other banks and other specified institutions, obligations of banks represented by<br />

instruments in bearer form and covered bonds in registered form (Namenspfandbriefe) are not covered. To the<br />

extent the Deposit Protection Fund makes payments to customers of a bank, it will be subrogated to their claims<br />

against the bank.<br />

<strong>Bank</strong>s that participate in the Deposit Protection Fund make annual contributions to the fund based on their<br />

liabilities to customers, and may be required to make special contributions up to an amount of 50 % of their<br />

annual contributions to the extent requested by the Deposit Protection Fund to enable it to fulfill its purpose. If<br />

one or more German banks are in financial difficulties, we may therefore participate in their restructuring even<br />

where we have no business relationship or strategic interest, in order to avoid making special contributions to<br />

the Deposit Protection Fund in case of an insolvency of such bank or banks, or we may be required to make<br />

such special contributions. Following financial difficulties of various German banks the annual contributions to<br />

the Deposit Protection Fund were doubled from <strong>20</strong>09 onwards.<br />

Proposed Revision of the EU Directives on Deposit Guarantee and Investor Protection Schemes<br />

On July 12, <strong>20</strong>10, the European Commission adopted a legislative proposal for a revision of the European Union<br />

directives on deposit guarantee and investor protection schemes. The purpose of the revision is among other<br />

things to improve the funding of these schemes, to expand the scope of eligible deposits and to provide for a<br />

faster disbursement of funds when the protection scheme is called. The European Commission envisages that<br />

most of the proposed measures will become effective by <strong>20</strong>12 or <strong>20</strong>13. Pursuant to this proposal, deposit<br />

protection schemes must have 1.5 % of the total eligible deposits at hand, and investor compensation schemes<br />

0.5 % of the value of funds and financial instruments covered by the investor compensation scheme that are<br />

held by, deposited with or managed by investment firms and collective investment schemes. There will be a ten<br />

year transition period in this respect. In the event that the directives on deposit guarantee and investor protection<br />

schemes are amended as proposed, the costs for deposit guarantee and investor protection schemes (and thus<br />

our contributions to these schemes) will increase substantially.<br />

Regulation and Supervision in the European Economic Area<br />

Since 1989 the European Union has enacted a number of directives to create a single European Union-wide<br />

market with almost no internal barriers on banking and financial services. The Agreement on the European<br />

Economic Area extends this single market to Iceland, Liechtenstein and Norway. Within this market our branches<br />

generally operate under the so-called “European Passport”. Under the European Passport, our branches are<br />

subject to regulation and supervision primarily by the BaFin. The authorities of the host country are responsible<br />

for the regulation and supervision of the liquidity requirements and the financial markets of the host country.<br />

They also retain responsibility with regard to the provision of securities services within the territory of the host<br />

country.

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