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Landeskreditbank Baden-Württemberg - L-Bank

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The credit risk of the loan and securities portfolio is continuously assessed with respect to each individual<br />

exposure. Specific provisions are established in the loan portfolio and in the current asset securities portfolio held<br />

as liquidity reserve by writing down the book value of each such item according to its assessed risk<br />

(Einzelwertberichtigung). In addition, a general provision is established for risk that is not individually<br />

identifiable but is inherent in the loan portfolio (Pauschalwertberichtigung). Like specific provisions, general<br />

provisions are deducted from the assets reserved against and are therefore not shown separately on the balance<br />

sheet.<br />

Under U.S. GAAP, general, unspecified reserves are not permitted. For loans that are individually deemed<br />

impaired, specific reserves are determined based on the present value of future cash flows discounted at the<br />

loan’s effective interest rate, or where the loan is collateral based on the fair value of the collateral provided.<br />

Where available, the observable market price of the loan can be used. U.S. GAAP requires recognition of a loss<br />

when (a) information available prior to issuance of the financial statements indicates that it is probable that an<br />

asset has been impaired at the date of the financial statements and (b) the amount of the loss can be reasonably<br />

estimated, even though the particular loans that are not collectible may not be identifiable.<br />

Certain provisions and reserves<br />

There are two provisions in the German Commercial Code (Handelsgesetzbuch), which allow banks to<br />

establish reserves against general banking risks. Pursuant to Section 340g German Commercial Code banks may<br />

carry a special item called “Fund for General <strong>Bank</strong>ing Risks” (Sonderposten für allgemeine <strong>Bank</strong>risiken) on the<br />

liability side of their balance sheet for protection against general banking risks. However, such a fund may only<br />

be established if, in accordance with reasonable commercial judgment, the special risks inherent in the business<br />

of banks require the establishment of such a fund. Any additions to the Fund for General <strong>Bank</strong>ing Risks or any<br />

profits derived from its dissolution must be reflected separately in the bank’s income statement, (see Section<br />

340g(2), German Commercial Code), see “Glossary.” Funds for general banking risks established pursuant to<br />

Section 340g German Commercial Code are counted as part of core capital.<br />

In addition, banks may have contingency reserves for general banking risk, which are permitted by section<br />

340f German Commercial Code. According to this rule, a bank may record on its balance sheet certain<br />

receivables, debt securities and equity securities that are held as part of the “liquidity reserve” at a lower value<br />

than that permitted for industrial and other nonbanking corporations, if this is necessary, in accordance with<br />

reasonable commercial judgment, to safeguard against the special risks inherent in the business of banks. The<br />

reserves created by such recording of lower values may not exceed four percent of the total book value of such<br />

receivables and securities. <strong>Bank</strong>s need not report in their financial statements on the creation and dissolution of<br />

such reserves for general banking risks. With respect to presentation in the income statement, banks are permitted<br />

to offset (without disclosure) profits from the sale of certain securities (in the so-called liquidity portfolio) and<br />

the revaluation of receivables (i.e., payments received on loans previously written-off or write-backs of risk<br />

provisions) against write-downs of the respective receivables and securities. Based on the foregoing, we disclose<br />

the net result from movements in risk provisions and management of the liquidity portfolio.<br />

Assets, liabilities and pending transactions have been valued in accordance with general provisions of<br />

Sections 252 et seq. of the German Commercial Code, taking into account the special rules applying to credit<br />

institutions, Sections 340e et seq. of the German Commercial Code.<br />

Under U.S. GAAP, provisions are only recorded when certain criteria are met. A provision is only<br />

recognized when (a) information available prior to issuance of the financial statements indicates that it is<br />

probable that an asset has been impaired at the date of the financial statements and (b) the amount of the loss can<br />

be reasonably estimated.<br />

Derivative Instruments and Hedge Accounting<br />

Under German GAAP, derivative instruments and embedded derivatives may be included in a financial<br />

institution’s trading book or investment book. Trading derivatives are treated as current assets and accordingly<br />

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