Landeskreditbank Baden-Württemberg - L-Bank
Landeskreditbank Baden-Württemberg - L-Bank
Landeskreditbank Baden-Württemberg - L-Bank
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The German <strong>Bank</strong>ing Act as it applies to us establishes the following lending limits:<br />
(1) A bank’s aggregate disbursed large Investment Book credits may not exceed eight times the bank’s<br />
Liable Capital. A large Investment Book credit of a bank is defined as the sum total of credits extended<br />
to any one borrower or connected group of borrowers that are allocated to the Investment Book and<br />
that, in the aggregate, are equal to or exceed 10% of the bank’s Liable Capital.<br />
(2) A bank’s aggregate disbursed large combined Investment Book/Trading Book credits may not exceed<br />
eight times the bank’s Own Funds. A large combined Investment Book/Trading Book credit of a bank<br />
is defined as the sum total of all credits extended to any one borrower or connected group of borrowers<br />
(allocated to the Investment Book or to the Trading Book) that, in the aggregate, are equal to or exceed<br />
10% of the bank’s Own Funds.<br />
(3) The aggregate amount of credits extended by a bank to one borrower or connected group of borrowers<br />
that are allocated to the Investment Book, i.e., a borrower’s Investment Book credit position, may not<br />
exceed 25% of the bank’s Liable Capital (20% in the case of a credit to the bank’s unconsolidated<br />
parent, subsidiary or sister company).<br />
(4) The aggregate amount of credits extended by a bank to one borrower or connected group of borrowers<br />
that are allocated to the Investment Book or the Trading Book, i.e., the borrower’s aggregate credit<br />
position, may not exceed 25% of the bank’s Own Funds (20% in the case of a credit to the bank’s<br />
unconsolidated parent, subsidiary or sister company).<br />
(5) In case total aggregate credits extended to one borrower or connected group of borrowers that are<br />
allocated to the Trading Book or the Investment Book, i.e., the borrower’s aggregate credit position<br />
(see (4) above), exceed (even with approval of the BaFin) the 25% (or 20% in the case of a credit to the<br />
bank’s unconsolidated parent, subsidiary or sister company) of the bank’s Own Funds ceiling, credits<br />
extended to such borrower or connected group of borrowers that are allocated to the Trading Book<br />
shall not, in the aggregate, exceed five times the bank’s Own Funds that are not required to cover risk<br />
positions in the Investment Book.<br />
(6) There is an additional over-all lending limit to the effect that the aggregate portions of the borrower’s<br />
aggregate credit position (credits that are allocated to the Trading Book or the Investment Book) (see<br />
(4) above) that exceed 25% (or 20% in the case of a credit to the bank’s unconsolidated parent,<br />
subsidiary or sister company) of the bank’s Own Funds ceiling for more than ten days shall, in the<br />
aggregate, not exceed six times the bank’s Own Funds that are not required to cover risk positions in<br />
the Investment Book.<br />
A bank must report its large credits to the Bundesbank, which forwards the reports with its comments to the<br />
BaFin. With the approval of the BaFin, a bank may exceed the eight times Liable Capital or Own Funds and the<br />
25% (or 20%) of Liable Capital or Own Funds ceilings referred to in paragraphs (1) to (4) above, if the amount<br />
exceeding these ceilings is covered by Liable Capital and Own Funds, respectively. The amounts of Liable<br />
Capital used to cover such excess amount must be disregarded when computing the adequacy of Liable Capital<br />
under the capital adequacy rules discussed above. If the 25% (or 20%) ceiling and the eight times Liable Capital<br />
ceiling or Own Funds ceiling are exceeded, the larger of both excess amounts must be covered by Liable Capital<br />
(in the cases of paragraphs (1) and (3) above) and (in the cases of paragraphs (2), (4), (5) and (6) above), Own<br />
Funds, respectively. A bank must notify the BaFin and the Bundesbank without delay if it exceeds these ceilings.<br />
If a bank exceeds the five times Own Funds ceiling referred to in paragraph (5) above or the six times Own<br />
Funds ceiling referred to in paragraph (6) above, it must report this fact to the BaFin and the Bundesbank and<br />
must cover such excess amounts with Own Funds.<br />
Limitations on Qualified Participations<br />
The total nominal value (as opposed to the book value or price paid) of a deposit-taking bank’s Qualified<br />
Participations (as defined below) in an enterprise (other than a bank, financial services institution, financial<br />
enterprise, insurance company or bank service enterprise) may not exceed 15% of the Liable Capital of such<br />
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