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Landeskreditbank Baden-Württemberg - L-Bank

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Covering Market Risk Positions<br />

Market risk positions are foreign exchange positions, commodity positions and positions allocated to the<br />

Trading Book. The sum of the amounts of market risk positions and, under certain circumstances, separately<br />

computed option positions, may not exceed, at the close of each business day, the difference between the bank’s<br />

Own Funds and an amount equal to 8% of the risk-weighted assets and off-balance sheet items. Additionally, an<br />

overall ratio of the bank’s eligible capital (numerator) to the sum of (1) risk-weighted assets and off-balance<br />

sheet items plus (2) market risk positions and certain option positions, both multiplied by 12.5 (denominator),<br />

must be computed and must also be equal to at least 8%. The eligible capital is composed of the Liable Capital<br />

not used to cover other risks under Principle I and that portion of the Tier III Capital that is used to cover market<br />

risk positions and options. (The bank must also report to the BaFin for information purposes the ratio of Tier III<br />

Capital that remains unused but constitutes part of Own Funds to the above-mentioned denominator of the<br />

overall ratio). As a result, the amount of market risk positions must be covered by Liable Capital or Tier III<br />

Capital, whereas under the Solvency Ratio requirement, risk weighted assets and off-balance sheet items must be<br />

covered by Liable Capital. Therefore, (1) Tier III capital may only be used to cover market risk positions but not<br />

counterparty risk related to assets or off-balance sheet items, and (2) Liable Capital not used to cover<br />

counterparty risk related to assets and off-balance sheet items may be used to cover market risk positions.<br />

Principle I does not permit Own Funds that have already been used to cover a risk to cover other risks under<br />

Principle I.<br />

The risk-weighted values of such market risk positions and certain option positions must be computed in<br />

accordance with rules set forth in Principle I or, in the case of market risk positions, in accordance with the<br />

bank’s internal risk computation models which have been approved by the BaFin.<br />

During the period covered by this prospectus we have always met the risk-weighted capital adequacy rules<br />

of the German <strong>Bank</strong>ing Act.<br />

Liquidity Requirements<br />

The German <strong>Bank</strong>ing Act and the regulations issued by the BaFin and its predecessors also contain liquidity<br />

requirements. According to Principle II, banks must compute a liquidity factor at the end of every calendar<br />

month. The liquidity factor is the quotient of liquid assets to payment obligations during four time bands: (1) one<br />

day to one month; (2) more than one month to three months; (3) more than three months to six months; and (4)<br />

more than six months to twelve months. The liquidity factor for the one-month time band must not be less than 1.<br />

The excess of liquid assets over payment obligations in one of the other time bands may be counted as liquid<br />

assets for the succeeding time band. The ratios between the respective liquid assets over the payment obligations<br />

in the other three time bands are calculated for monitoring purposes only. The liquidity factor and the monitoring<br />

ratios must be submitted at the end of each calendar month to the Bundesbank, which passes the reports on to the<br />

BaFin.<br />

At December 31, 2004 and at the end of every calendar month during the period covered by this prospectus,<br />

we met the liquidity requirements of the German <strong>Bank</strong>ing Act.<br />

Limitation on Large Credits<br />

Own Funds and the distinction between Trading Book and Investment Book are also relevant for the<br />

limitations on large credits. The term “credit” is defined to include all items on the asset side of the balance sheet,<br />

derivative transactions and related guaranties and equivalent off-balance sheet positions. The term includes<br />

equity investments. Large credits are credits to a single borrower or a connected group of borrowers that equal or<br />

exceed 10% of the Liable Capital or Own Funds depending on whether the credit is allocated to the Investment<br />

Book or to the combined Investment Book and Trading Book. There is no separate Trading Book lending limit.<br />

The term “borrower” includes certain affiliates of the borrower. The limitations on large credits are applied on a<br />

risk-weighted basis in a manner similar to the application of the risk-weighted capital adequacy rules discussed<br />

above.<br />

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