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ANNUAL REPORT <strong>2008</strong><br />

DEUTSCHE HYPO<br />

ANNUAL REPORT<br />

<strong>2008</strong>


KEY FIGURES ➞


DEUTSCHE HYPO AT A GLANCE<br />

Business progress figures<br />

<strong>2008</strong> 2007 Change<br />

€ millions € millions %<br />

Mortgage loans 1,779 2,693 – 33.9<br />

Capital market transactions 2,279 4,735 – 51.9<br />

of which public-sector loans 880 2,124 – 58.6<br />

Loan drawdowns 4,395 6,816 – 35.5<br />

Initial bond sales 3,561 5,965 – 40.3<br />

Balance Sheet figures<br />

Mortgage loans (including interest) 9,094 8,544 6.4<br />

Public-sector loans (including interest) 10,616 12,071 – 12.1<br />

Securities 12,122 12,067 0.5<br />

Borrowed funds 34,757 34,203 1.6<br />

Equity (excluding distributable profits) 1,023 834 22.7<br />

of which: Core capital 686 496 38.3<br />

Total assets 36,047 35,430 1.7<br />

Profit and Loss Account figures<br />

Net interest and commission income 118.3 111.9 5.7<br />

Administrative expenses including depreciation allowance 39.4 35.7 10.4<br />

Result from ordinary business activity – 3.0 49.3 – 106.1<br />

Net income for the year 0.6 36.7 – 98.4<br />

Other information<br />

Dividend per unit share (in €) *) - 1.10 -<br />

Return on equity before tax **) – 0.5 % 11.2 % -<br />

Cost/income ratio 33.3 % 31.9 % -<br />

Core capital ratio 8.6 % 5.5 % -<br />

*) After share split on 1:10 basis.<br />

**) Basis: average equity<br />

<strong>2008</strong> 2007<br />

Rating S & P Moody’s S & P Moody’s<br />

Public Pfandbriefe AAA Aaa AAA Aaa<br />

Mortgage Pfandbriefe - Aaa - Aaa<br />

Long-term liabilities - A2 - A2<br />

since 27/02/08 Aa3


2006 2005 2004 2003 2002 2001 2000 1999<br />

€ millions € millions € millions € millions € millions € millions € millions € millions<br />

2,188 1,231 1,014 1,259 1,965 1,808 1,416 1,474<br />

4,267 4,554 6,629 7,019 2,344 2,801 1,930 3,732<br />

1,744 1,900 2,321 4,401 1,673 1,706 1,425 2,459<br />

6,363 5,755 7,694 8,061 4,348 4,592 3,368 5,242<br />

7,720 10,015 13,000 10,378 5,160 5,608 3,270 4,802<br />

8,274 7,890 8,459 8,766 8,600 7,642 6,615 5,882<br />

13,103 13,941 14,796 14,673 12,559 12,565 12,194 12,296<br />

11,290 9,415 9,045 5,702 4,051 4,006 3,434 3,196<br />

33,567 32,141 32,956 30,328 25,181 24,273 22,245 21,378<br />

831 797 783 712 656 561 472 421<br />

479 457 440 422 389 309 271 221<br />

34,717 33,164 33,896 31,222 26,043 25,046 22,951 21,990<br />

109.1 104.5 100.7 99.2 92.7 92.2 92.4 93.0<br />

36.0 32.7 30.5 32.5 30.8 28.8 26.5 27.4<br />

51.5 48.6 47.8 47.3 43.3 46.1 51.5 47.4<br />

39.1 32.7 30.5 33.1 28.4 30.12 32.13 21.20<br />

11.00 11.00 11.00 11.00 10.00 10.00 9.00 9.00<br />

3.00 - - - - - 26.70 -<br />

325.00 302.00 337.52 285.00 259.00 282.50 214.00 277.00<br />

12.3 % 12.1 % 12.4 % 12.9 % 15.6 % 19.3 % 22.9 % 22.4 %<br />

33.0 % 31.3 % 30.3 % 32.8 % 33.2 % 31.2 % 28.7 % 29.5 %<br />

5.5 % 6.0 % 5.9 % 5.6 % 5.3 % 5.0 % 5.1 % 4.9 %<br />

S&P Moody’s S&P Moody’s S&P Moody’s S&P S&P S&P S&P S&P<br />

AAA Aaa AAA Aaa AAA Aaa AAA AAA AAA AAA AAA<br />

- Aaa - Aaa - Aaa - - - - -<br />

- A2 - Aa3 - Aa3 *) - - - - -<br />

*) Outlook “negative”


Benedikt von Abendroth, Carolin Albers, Ingo Albert, Alois Algermissen, Pascale Angelopoulos, Melanie Anstett, Anne-<br />

Kathrin Apel, Kristina Aselmeyer, Wolfgang Aust, Hans-Hermann Baltz, Angela Bank, Sabine Barthauer, Volker Basler,<br />

Susie Bassett, Christopher Batke, Isabel Bauke, Andre Baule, Jürgen Becksvoort, Ulrike Behnsen, Andreas Bergmeier,<br />

Marco Bertram, Wouter de Bever, Heike Bien, Kathrin Biering, Gunter Bierwisch, Carsten Bläck, Dieter Bläck, Joachim<br />

Bloß, Martina Blum, Cornelia Bock, Jürgen Bode, Klaus-Werner Börner, Marianne Böx, Andrea Booth, Stefanie Bormann,<br />

Lisa Maria Bosetzky, Kirsten Brandt, Wolfgang Breitung, Brigitte Brenning, Kai Bröker, Marc Brune, Jochen Bucek, Jens<br />

Bütehorn, Edith Burmeister, Wolf-Günther Burucker, José Luis Calderón Martínez, Juan Manuel Casas Guillen, Petra<br />

Casjens, Lionel Cavin, Melanie Cholewa, Bettina Cramer, Ursula Czech, Dennis Dasselaar, Katrin-Genevieve Deitermann,<br />

Ulrich Deppe, Anke Dieckmann, Hergen Dieckmann, Frank Dittmann, Wolfgang Donie, Reinhard Drexler, Beate Droste,<br />

Jürgen Eckert, Carina Engelbrecht, Klaus Engelbrecht, Iris Kerstin Ewert, Tobias Faust, Frederik Felden, Christian Fischer,<br />

Eric Mark Fowell, Jörg Franz, Oliver Frerking, Andreas Froebus, Björn Fuhr, Christian Gail, Julio Garcia Garcia, Michael<br />

Gehrig, Melanie Geldmacher, Christoph Gennrich, Susanne Gödecke, Elke Görg, Rüdiger Göricke, Silvia Golbeck, Olga<br />

Gómez Rodríguez, Jutta Graf-Frieling, Katja Gramatte, Daniela Grams, Jürgen Grieger, Elke Großer, Detlev Grote, Petra<br />

Grübl, Cristina Guilherme, Petra-Ingeborg Haake, Dieter Haasemann, Ralf Hagendorff, Burghard Hanke, Dr. Bernd<br />

Hansen, Thomas Hansen, Tina Hartmann, Iris Hauser, Brigitte Heep, Albrecht Heinecke, Joachim Heinrich, Markus Heinzel,<br />

Janos Hielscher, Ralf Hinrichs, Achim von Hoegen, Christoph Hötzel, Heinrich Hoffmeyer, Helmut Hornung, Thomas<br />

Hundertmark, Dirk Hunger, Tanja Hußmann, Malte Ilginnis, Axel Intemann, Peter Jabs, Anna-Dorothea Jäger, Marion<br />

The staff of <strong>Deutsche</strong> <strong>Hypo</strong> ... Jaeger-Kufel, Thorsteinn Jonsson, Ute Jürges, Claudia Kailuweit, Georg<br />

Kaisler, Dirk Kallikat, ... the basis of our success<br />

Christina Kanning, Gudrun Karges, Gabriele Karp,<br />

Kerstin Kelm, Axel Kielmann, Dorothea Kind, Ruth Kirchstein, Claudia Kirsch, Andreas Kirschner, Jürgen Klebe, Tobias<br />

Knoche, Dieter Koch, Gerald Kölle, Irina Köllner, Helmut Kördel, Heiko Kollmann, Jörg Kopp, Jutta Carola Kopp, Wolfgang<br />

Koppert, Renate Koppitz, Gabriele Kornweih, Stefanie Kortmann, Stefan Kriegs, Ulrich Krogmeier, Regina Kubina, Elke<br />

Kücken, Roger Kücken, Frank Kühne, Silke Kues, Marcel Kujawski, Eike Oliver Laase, Bernd Lademann, Thomas Lang,<br />

Cornelia Lange, Sascha Langeheine, Annemarie Leeuwen, Dr. Pia Leipertz, Claudia Leu, Ulrike Looft, Veit Look, Walter<br />

Love, Alexander Ludwig, Karin Ludwig, Nadine Lüder, Hans-Joachim Luther, Dörte Mamber-Pierstorff, Ingo Martin,<br />

Manfred Matthies, Albrecht Mayer, Andreas Meiser, Uwe Menninger, Kevin-York Merchel, Karen Mergelsberg, José<br />

Ignacio Merinero Muñoz, Anke Methner, Dirk Metzner, Eleonore Meyer, Jens Meyer, Yvonne Michael, Andreas Michel,<br />

Stefan Mikus, Elly Möller, Irina Monsler, Jürgen Morr, Marlis Mügge, Frank Müller, Michael Müller, Brigitte Müller-Bühren,<br />

Jürgen Munke, Sven Muschkewitz, Andreas Nagel, Dirk Neugebauer, Evelin Neuhäuser, Josef Niehoff, Uwe Niemann,<br />

Michael Niemeyer, Markus Nitsche, Ralf Obst, Lorenz Ostermeyer, Wolfgang Overkamp, Jan Christoph Paape, Nelson<br />

Ruben Parmigiani, Rainer Passiel, Kornelia Penker, Andreas Peter, Meike Peter, Liane Pilz, Gudrun Pösger, Andreas Pohl,<br />

Arne Preuß, Martin Priesnitz, Torben Pschunder, Petra Putzka, Jörg Quentin, Claudia Radack-Doelle, Uwe Radloff, Iris<br />

Reese, Andreas Rehfus, Andrea Reinecke, Gisela Reinecke, Anja Reinhold, Helmut Reinholz, Frank Rekowski, Heinz-Josef<br />

Rensmann, Tanja Riesenbeck, Christian Röske, Stefan Roggelin, Anja Rosenhagen, Katrin Rosenthal, Vera Ruck-Bekedorf,<br />

Christin Rudolph, Sebastian Rudolph, Regina Rüter, Jens-Oliver Ruff, Petra Ruff, Annemarie Rumke, Monika Rust, Stefan Ryll,<br />

Renate Sasse, Elke Schäper, Erich Schasse, Katharina Schauer, Veronika Schindler, Matthias Schleef, Uwe Schliephacke,<br />

Andreas Schlüter, Elena Schnar, Dirk Schönfeld, Erik Schramm, Wiebke Schramm, Stefan Schröter, Matthias Schroff, Anke<br />

Schuchhardt, Heike Schünemann, Ulf Schuhmacher, Manuela Schult, Ralph Schumann, Sabine Schwarz-Möbius, Dr. Olav<br />

Selke, Fredrik Serck, Kristof Sidorowicz, Britta Siedentopf, Petra Söfker, Mirko Sommer, Sascha Sonntag, Andre Spellsiek,<br />

Thomas Staats, Karl H. Stein, Thomas Stoklas, Mathias Stolte, Gabriele Strienke, Andrea Strobl-Strasser, Bianca Ströhla,<br />

Marc Techtmann, Maren Tegtmeier, Christiane Terlunen, Ella Teschmit, Martina Teutloff, Bettina Thiedtke, Stefan Ullmann,<br />

Manja Vogel, Ralf Vogel, Dr. Günter Vornholz, Dr. Wulfgar Wagener, Mathias Wanner, Hans-Ernst Warczok, Sabine<br />

Watermann, Paul Weber, Angelika Wellmann, Renate Wels, Aenne Wendeling, Ansgar Werner, Torsten Wickert, Inge<br />

Wieggrebe, Simone Wilhelms, Dirk Wilke, Ulrich Wilkens, Holger Wille, Bärbel Willert, Immo Willner, Thomas Winkler,<br />

Bernd Wissmach, Ulrike Witte, Renate Wittkowski, Dirk Wömpner, Frank Wolff, Christopher J. Woodard, Michael Woodgate,<br />

Anita Wrosch, Martina Wulschläger, Heike Wuttke, Olivier Zapf, Frank Zimmermann, Jörg Zimmermann.<br />

··· 1 ···


··· 2 ···


CONTENT<br />

THE SUPERVISORY BOARD AND ITS COMMITTEES 4<br />

MANAGEMENT 7<br />

PUBLIC TRUSTEES 7<br />

REPORT OF THE BOARD OF MANAGING DIRECTORS 8<br />

Strategic orientation of <strong>Deutsche</strong> <strong>Hypo</strong> 8<br />

The general economic environment 9<br />

MANAGEMENT REPORT 18<br />

The crisis on the financial markets – Background and impact 18<br />

Business performance 19<br />

Mortgage loan business 20<br />

Capital market business 24<br />

Refinancing 25<br />

Rating 27<br />

Net present value cover 28<br />

Profit situation 29<br />

Proposed appropriation of profit 31<br />

Development of equity capital 31<br />

Group affiliation 32<br />

Risk report 33<br />

Current developments 33<br />

Impact of the financial crisis 34<br />

Basic principles of risk control and risk management 44<br />

Types of risk 49<br />

Forecast 67<br />

PERSONNEL REPORT 72<br />

CORPORATE GOVERNANCE REPORT 73<br />

DEUTSCHE HYPO SUPPORTS MEDICAL RESEARCH 78<br />

ANNUAL ACCOUNTS 81<br />

Balance Sheet 82<br />

Profit and Loss Account 84<br />

Notes 85<br />

RESPONSIBILITY STATEMENT 114<br />

AUDITOR’S REPORT 115<br />

REPORT OF THE SUPERVISORY BOARD 116<br />

ORGANISATIONAL STRUCTURE OF DEUTSCHE HYPO AS AT 31 DECEMBER <strong>2008</strong> 118<br />

ADDRESSES IN GERMANY AND ABROAD 119<br />

GLOSSARY 120<br />

··· 3 ···


··· 4 ···<br />

THE SUPERVISORY BOARD<br />

AND ITS COMMITTEES<br />

Alexander Stuhlmann<br />

Düsseldorf<br />

Chairman of the Board<br />

of Management of<br />

WestLB AG<br />

– Chairman –<br />

to 15 February <strong>2008</strong><br />

Eckhard Forst<br />

Hanover<br />

Member of the Board of<br />

Management of<br />

Norddeutsche<br />

Landesbank Girozentrale<br />

– Chairman –<br />

from 16 February <strong>2008</strong><br />

to 31 December <strong>2008</strong><br />

– Vice-Chairman –<br />

since 1 January 2009<br />

Dr. Gunter Dunkel<br />

Hanover<br />

Vice-Chairman of the<br />

Board of Management<br />

of Norddeutsche<br />

Landesbank Girozentrale<br />

to 31 December <strong>2008</strong><br />

from 1 January 2009<br />

Chairman of the Board<br />

of Management of<br />

Noddeutsche<br />

Landesbank Girozentrale<br />

– Vice-Chairman –<br />

from 16 February <strong>2008</strong><br />

to 31 December <strong>2008</strong><br />

– Chairman –<br />

since 1 January 2009<br />

Dietmar Schmid<br />

Frankfurt am Main<br />

Member of the Board of<br />

Managing Directors of<br />

BHF-BANK AG<br />

– Vice-Chairman –<br />

to 15 February <strong>2008</strong><br />

Dr. Jürgen Allerkamp<br />

Hanover<br />

Member of the Board of<br />

Management of<br />

Norddeutsche<br />

Landesbank Girozentrale<br />

since 21 May <strong>2008</strong><br />

Jochen Döhle<br />

Hamburg<br />

Personally liable partner<br />

of PETER DÖHLE<br />

Schiffahrts-KG<br />

to 15 February <strong>2008</strong><br />

Reinhard Drexler<br />

Hanover<br />

Bank employee<br />

Michael Gehrig<br />

Hanover<br />

Bank employee<br />

Friedrich Carl Janssen<br />

Cologne<br />

Personally liable partner<br />

of Sal. Oppenheim jr. &<br />

Cie. KGaA<br />

to 31 December <strong>2008</strong><br />

Jürgen Kösters<br />

Hanover<br />

Member of the Board of<br />

Management of<br />

Norddeutsche<br />

Landesbank Girozentrale<br />

to 31 March <strong>2008</strong><br />

from 16 February <strong>2008</strong><br />

to 20 May <strong>2008</strong><br />

Joachim Olearius<br />

Hamburg<br />

Executive Manager of<br />

M. M. Warburg & CO<br />

Kommanditgesellschaft<br />

auf Aktien<br />

to 15 February <strong>2008</strong><br />

Dr. Hannes Rehm<br />

Hanover<br />

Chairman of the Board of<br />

Management of<br />

Norddeutsche Landesbank<br />

Girozentrale to 31 December <strong>2008</strong><br />

to 31 December <strong>2008</strong><br />

from 16 February <strong>2008</strong><br />

to 20 February 2009<br />

Dr. Johannes-Jörg Riegler<br />

Hanover<br />

Member of the Board of<br />

Management of<br />

Norddeutsche Landesbank<br />

Girozentrale<br />

since 16 February <strong>2008</strong><br />

Max Warburg<br />

Hamburg<br />

Personally liable partner of<br />

M. M. Warburg & CO<br />

Kommanditgesellschaft<br />

auf Aktien<br />

to 15 February <strong>2008</strong><br />

Frank Wolff<br />

Hanover<br />

Bank employee


Lending Committee<br />

to 15 February <strong>2008</strong> since 18 February <strong>2008</strong> since 1 January 2009<br />

Alexander Stuhlmann Dr. Johannes-Jörg Riegler Dr. Johannes-Jörg Riegler<br />

– Chairman – – Chairman – – Chairman –<br />

Friedrich Carl Janssen Eckhard Forst Dr. Gunter Dunkel<br />

Max Warburg Friedrich Carl Janssen Eckhard Forst<br />

to 31 December <strong>2008</strong><br />

Jochen Döhle Dr. Gunter Dunkel Dr. Jürgen Allerkamp<br />

– Substitute member – – Substitute member – – Substitute member –<br />

to 31 December <strong>2008</strong><br />

Personnel Committee<br />

to 15 February <strong>2008</strong> since 18 February <strong>2008</strong> since 1 January 2009<br />

Alexander Stuhlmann Eckhard Forst Dr. Gunter Dunkel<br />

– Chairman – – Chairman – – Chairman –<br />

to 31 December <strong>2008</strong><br />

Dietmar Schmid Dr. Gunter Dunkel Eckhard Forst<br />

– Vice-Chairman –<br />

Max Warburg Dr. Hannes Rehm Dr. Hannes Rehm<br />

to 20 February 2009<br />

Joachim Olearius Jürgen Kösters Dr. Jürgen Allerkamp<br />

– Substitute member – – Substitute member – – Substitute member –<br />

to 20 May <strong>2008</strong><br />

Dr. Jürgen Allerkamp<br />

– Substitute member –<br />

since 21 May <strong>2008</strong><br />

··· 5 ···


··· 6 ···<br />

Audit Committee<br />

to 15 February <strong>2008</strong> since 18 February <strong>2008</strong> since 1 January 2009<br />

Friedrich Carl Janssen Jürgen Kösters Dr. Jürgen Allerkamp<br />

– Chairman – – Chairman – – Chairman –<br />

to 20 May <strong>2008</strong><br />

Joachim Olearius Dr. Jürgen Allerkamp Eckhard Forst<br />

– Chairman –<br />

since 21 May <strong>2008</strong><br />

Frank Wolff Friedrich Carl Janssen Frank Wolff<br />

to 31 December <strong>2008</strong><br />

Jochen Döhle Frank Wolff Dr. Johannes-Jörg Riegler<br />

– Substitute member – – Substitute member –<br />

Dr. Gunter Dunkel<br />

– Substitute member –<br />

to 31 December <strong>2008</strong><br />

Appointments Committee<br />

to 15 February <strong>2008</strong> since 18 February <strong>2008</strong> since 1 January 2009<br />

Dietmar Schmid Dr. Hannes Rehm Dr. Hannes Rehm<br />

– Chairman – – Chairman – – Chairman –<br />

to 20 February 2009<br />

Jochen Döhle Dr. Jürgen Allerkamp Dr. Jürgen Allerkamp<br />

since 21 May <strong>2008</strong><br />

Max Warburg Eckhard Forst Dr. Gunter Dunkel<br />

Joachim Olearius Jürgen Kösters Eckhard Forst<br />

– Substitute member – to 20 May <strong>2008</strong> – Substitute member –<br />

Dr. Gunter Dunkel<br />

– Substitute member –<br />

to 31 December <strong>2008</strong>


MANAGEMENT<br />

·· BOARD OF MANAGING DIRECTORS<br />

Jürgen Grieger<br />

Hanover<br />

Andreas Rehfus<br />

Hanover<br />

·· EXECUTIVE MANAGER<br />

Michael Müller<br />

·· DEPARTMENTAL MANAGERS<br />

Volker Basler<br />

Sabine Barthauer<br />

Gunter Bierwisch<br />

Joachim Bloß<br />

Markus Heinzel<br />

PUBLIC TRUSTEES<br />

Dr. Gunther Krajewski<br />

Hanover<br />

Retired Assistant Director<br />

– Trustee –<br />

Jürgen Morr<br />

Hanover<br />

Dirk Hunger<br />

Wolfgang Koppert<br />

Albrecht Mayer<br />

Uwe Menninger<br />

Markus Nitsche<br />

Wolfdietrich Kühne<br />

Hanover<br />

Degree in business<br />

– Deputy Trustee –<br />

Andreas Pohl<br />

Hanover<br />

since 1 March <strong>2008</strong><br />

Wolfgang Overkamp<br />

Jörg Quentin<br />

Dirk Schönfeld<br />

Thomas Staats<br />

Ralf Vogel<br />

Dr. Wulfgar Wagener<br />

Paul Weber<br />

··· 7 ···


··· 8 ···<br />

REPORT OF THE BOARD<br />

OF MANAGING DIRECTORS<br />

·· STRATEGIC ORIENTATION OF<br />

DEUTSCHE HYPO<br />

Commercial real estate finance is a core business<br />

of the NORD/LB Group. In order to obtain levels of<br />

performance in this important business segment<br />

more quickly and to a greater extent than would<br />

have been possible through purely organic<br />

growth, NORD/LB acquired <strong>Deutsche</strong> <strong>Hypo</strong> during<br />

<strong>2008</strong> so that it could pool business activities in<br />

this area in a centre of competence. The real<br />

estate banking division of NORD/LB has been successfully<br />

combined with <strong>Deutsche</strong> <strong>Hypo</strong> to form<br />

this centre of competence, operating under the<br />

umbrella brand “<strong>Deutsche</strong> <strong>Hypo</strong> – Member of<br />

NORD/LB”. The first joint appearance took place<br />

according to plan at the EXPO REAL trade fair in<br />

Munich at the beginning of October <strong>2008</strong>. This<br />

from left: Andreas Rehfus, Jürgen Morr, Andreas Pohl, Jürgen Grieger<br />

exposition, an important event in the commercial<br />

real estate sector’s calendar, served as an excellent<br />

platform on which to present this new<br />

<strong>Deutsche</strong> <strong>Hypo</strong>.<br />

The merger of two successful specialists, both<br />

established in the market, will lead to a product<br />

that is greater than the sum of its parts. The wider<br />

presence both in terms of products and market<br />

positioning will lead to a further increase in professionalism,<br />

internationalisation and expertise, all to<br />

the benefit of the customer.<br />

The existing sites belonging to <strong>Deutsche</strong> <strong>Hypo</strong><br />

and NORD/LB real estate banking division will be<br />

retained and combined. This will provide the new<br />

<strong>Deutsche</strong> <strong>Hypo</strong> with a broad network of sites in<br />

the world’s major real estate markets, namely


New York, Singapore, London, Paris, Amsterdam<br />

and Madrid, not to mention Hanover, Hamburg,<br />

Düsseldorf, Frankfurt and Munich in Germany.<br />

Fundamentally, <strong>Deutsche</strong> <strong>Hypo</strong> is striving to<br />

establish a clear position in the major national and<br />

international real estate markets, concentrating on<br />

regions with high transaction volumes, pronounced<br />

market maturity, a high stock of real<br />

estate and positive long-term market performance.<br />

The importance of existing markets within<br />

the overall portfolio of <strong>Deutsche</strong> <strong>Hypo</strong> will be subject<br />

to constant revision in respect of their future<br />

relevance, while the new target markets will be<br />

selected with the required degree of caution and<br />

prudence, not only during the current periods of<br />

global economic crisis.<br />

In its target markets, <strong>Deutsche</strong> <strong>Hypo</strong> supports<br />

mainly professional, experienced and capitalstrong<br />

real estate investors with sound, successful<br />

transactions. To nurture the required close and<br />

reliable customer relations and to acquire a constant<br />

stream of new customers, <strong>Deutsche</strong> <strong>Hypo</strong><br />

has an experienced team that will continue to be<br />

expanded as the markets develop and the company’s<br />

own strategic expansion is advanced.<br />

As a centre of competence, the new <strong>Deutsche</strong><br />

<strong>Hypo</strong> offers the optimal framework and a sound<br />

foundation for this more concerted market penetration<br />

and the associated planned growth. The<br />

existing product range comprising<br />

·· classic fixed-rate loans;<br />

·· rollover loans;<br />

·· interim financing;<br />

·· lease financing;<br />

·· structured financing;<br />

·· real estate investment banking;<br />

·· capital market products<br />

can therefore be developed even more intensively<br />

on the new platform. As a successful, specialist<br />

and lean bank, <strong>Deutsche</strong> <strong>Hypo</strong> will also be able to<br />

access additional resources through the Group’s<br />

strong parent company, in the interests of its customers.<br />

·· THE GENERAL ECONOMIC<br />

ENVIRONMENT<br />

·· GLOBAL ECONOMIC SITUATION<br />

The crisis on the financial markets set the global<br />

economy plunging downwards in <strong>2008</strong>. Global<br />

economic activity worsened significantly, especially<br />

from the middle of the year onwards. In the<br />

three major industrial blocs, the USA, the EU and<br />

Japan, real GDP is expected to have fallen by over<br />

2 % in <strong>2008</strong>. This is partially due to consumers and<br />

companies restricting their spending in view of<br />

the stormy outlook, but also due to the fact that<br />

financing options have been limited. Even China,<br />

previously the engine driving the world economy,<br />

is now faced with the prospect of economic<br />

growth that has halved to around 5 %.<br />

Acting with exceptional resolve, governments and<br />

central banks around the world have taken drastic<br />

measures to stabilise the financial system against<br />

the impending collapse of the global economy. The<br />

key measures included the expansion of credit<br />

lines available from central banks, the recapitalisation<br />

of banks to the point of partial nationalisation,<br />

··· 9 ···


··· 10 ···<br />

the issuing of guarantees for bank liabilities and<br />

the strengthening of deposit guarantee systems.<br />

Furthermore, programmes have been developed<br />

to increase state aid and to grant tax easements<br />

as well as to reduce interest rates with the aim of<br />

stabilising economy activity. In some areas, individual<br />

sectors, especially the automotive industry,<br />

have received direct support. In total, the amounts<br />

tied up in the aid and recovery packages in the<br />

major industrialised countries have soared to unprecedented<br />

levels. In Germany alone, the Federal<br />

Government has come up with a package of support<br />

for the banking system worth € 480 billion.<br />

This is in addition to two other packages to aid the<br />

economy that were agreed in November <strong>2008</strong> and<br />

January 2009 worth over € 80 billion.<br />

·· ECONOMIC ENVIRONMENT<br />

IN OUR TARGET PROPERTY<br />

MARKETS<br />

·· GERMANY<br />

The German economy is heading into recession.<br />

While growth of around 1.5 % was achieved over<br />

the course of <strong>2008</strong>, that year’s downturn is<br />

becoming a recession in 2009. This has been<br />

caused by the global economic crisis that was triggered<br />

by the financial crisis. For this reason,<br />

<strong>Deutsche</strong> <strong>Hypo</strong> anticipates that the economy will<br />

shrink by around 2 % in 2009.<br />

Thanks to positive demand, net absorption in the<br />

five office metropolises (Hamburg, Berlin, Düsseldorf,<br />

Frankfurt and Munich) amounted to a good<br />

1 million m² in <strong>2008</strong>. Demand in Munich was particularly<br />

high, accounting for around half of total<br />

demand. While it was obvious over the course of<br />

the year that demand momentum was clearly<br />

waning, a positive excess consumption of office<br />

space was still recorded. In contrast, in view of<br />

the difficult economic prognosis, hitting in particular<br />

the world of finance, a traditionally strong<br />

source of demand for office space, negative net<br />

absorption is anticipated for 2009. The number of<br />

completed new builds, at just under 1 million m²,<br />

was still comparatively low in <strong>2008</strong>. A rise in supply<br />

can be expected this year and next year due to<br />

the many new projects that have been started,<br />

even if many plans are put on hold again over the<br />

coming months.<br />

Office rents continued to benefit from the level of<br />

economic growth in <strong>2008</strong>, with top rents rising<br />

overall in the top five office locations, albeit with<br />

the beginning of a decline in the last quarter in<br />

some cases. Vacancy levels fell considerably in the<br />

sought-after office locations compared with the<br />

beginning of the year due to the rise in the number<br />

of premises being let. Falling demand due to<br />

the expected economic development in conjunction<br />

with new-build projects due to be finished in<br />

the near future will push vacancy rates up considerably<br />

again during 2009.<br />

Retail business crucially depends on private consumption,<br />

which, despite a positive development<br />

in employment levels and rising nominal wage levels,<br />

was unable to fulfil its expected role as a driver<br />

of growth in <strong>2008</strong>. This can be attributed to the<br />

clear rise in the price of food and energy, which<br />

counteracted the positive development in nominal<br />

income levels. The weak trend also impacted on<br />

retail sales, which fell in real terms in <strong>2008</strong> and<br />

only increased in nominal terms.


In terms of private consumption in 2009, the elimination<br />

of the stifling impact of inflation will have a<br />

positive effect, whilst wages can be expected to<br />

rise on the basis of collective wage agreements<br />

that have already been signed. One negative factor,<br />

however, will be the reduction in employment<br />

levels, a trend that will intensify as the year goes<br />

on. Overall, this will mean that any rise in private<br />

consumption in 2009 will be weak. The impact on<br />

retail business will be correspondingly negative,<br />

with the result that a further fall in real sales (constant<br />

nominal level) can be expected.<br />

The supply of retail premises, in contrast, is continuing<br />

to rise. By the end of 2009 in Germany<br />

alone, some 930,000 m² of additional shopping<br />

centre space is likely to have been created, representing<br />

around 7.5 % of the existing amount. This<br />

will have a negative effect on surface area productivity,<br />

with regard to which <strong>Deutsche</strong> <strong>Hypo</strong><br />

expects a fall of a good 2 % in the coming year.<br />

Sales profitability is also set to fall further.<br />

The financial crisis has already had a clear impact<br />

on transaction volume this year. Over the course<br />

of the year, investments collapsed by more than<br />

60 %, with portfolio investments being affected to<br />

a disproportionately large extent. As rent levels<br />

remain primarily unchanged and in response to<br />

falling prices, yields in Germany have increased<br />

considerably. Compared with the same period of<br />

2007, an average rise in yields of a good 50 basis<br />

points was recorded in the case of office properties.<br />

In view of the financial and economic crisis, a<br />

recovery cannot be expected for 2009.<br />

··· REPORT OF THE BOARD OF MANAGING DIRECTORS ···<br />

·· UNITED KINGDOM<br />

The financial crisis had already impacted on the<br />

real economy in the UK in <strong>2008</strong>. The UK is in<br />

recession. Compared with the previous year,<br />

gross domestic product rose only slightly. The<br />

weakness of the property markets, the financial<br />

crisis and the major macroeconomic imbalances<br />

will continue to be a burden on growth over the<br />

coming months. <strong>Deutsche</strong> <strong>Hypo</strong> expects the economic<br />

trend in the UK to remain negative until well<br />

into 2009.<br />

By the second quarter the financial crisis had<br />

reached the London office market, with year-onyear<br />

falls in office rents in the City and West End<br />

of almost 20 %, a drop that manifested itself during<br />

the final quarter in particular. As demand fell,<br />

there was, at the same time, a tangible increase in<br />

the volume of new-builds in London in <strong>2008</strong>, and<br />

a significantly higher level of supply is to be<br />

expected over the next two years as well. A further<br />

difficulty lies in the fact that there are many<br />

speculative property deals in evidence. This will<br />

have a negative impact on how rents develop overall.<br />

Vacancy levels will rise at a higher rate due to<br />

the clear fall in demand. Meanwhile, in the regional<br />

office markets of the UK, the development is very<br />

similar to that experienced in London, with rising<br />

supply and reserved demand, although these<br />

regional markets are still proving more robust than<br />

the London market. This has meant a slight<br />

increase in vacancy levels over the past few<br />

months. Overall, a clear weakening is to expected<br />

on the UK office market (in terms of both rents<br />

and prices), and this development is likely to last<br />

for some time.<br />

··· 11 ···


··· 12 ···<br />

Falling consumer spending and waning consumer<br />

confidence are leaving their mark on the British<br />

retail sector. Retail sales during the third quarter<br />

were still up on the same quarter of 2007 but stagnated<br />

compared with the previous three months<br />

of <strong>2008</strong>. The weak confidence levels and higher<br />

refinancing costs mean that year-on-year falls cannot<br />

be excluded over the coming months. At the<br />

same time, the supply of premises is already outstripping<br />

demand in many city centres. Household<br />

names in the retail sector are streamlining their<br />

branch network, with other chains already facing<br />

insolvency. The result is that many shop premises<br />

are now standing empty. As well as leading to<br />

lower rents, this is leading to longer marketing<br />

periods and an increase in the incentives being<br />

offered by landlords. The highest rent rises were<br />

still being recorded by retail outlets in London in<br />

<strong>2008</strong>. However, in light of the recession, a slight<br />

fall in rent levels is expected in the coming year.<br />

More strongly affected will be the rents charged<br />

for prime locations in other UK cities and for shopping<br />

centres.<br />

Investments have collapsed by 60 % in the UK so<br />

far this year, which is primarily attributable to the<br />

banks’ reticence to provide finance. Foreign<br />

investors continue to dominate the market. The<br />

weakness has led to a clear rise in yields. On the<br />

London office market, for example, yields were up<br />

by more than 150 basis points. Correspondingly,<br />

prices fell by around 50 % compared with summer<br />

2007. A similar development was in evidence<br />

among other property types. The yield on top<br />

shopping centres, for example, rose by 125 basis<br />

points to 5.75 %. The negative rent and price<br />

development will continue in 2009 and will be<br />

reflected in slight rises in yields.<br />

·· FRANCE<br />

Whilst France was still recording economic growth<br />

levels of 2.1 % in 2007, the rate for <strong>2008</strong> will not<br />

even reach 1 %, with the research institutes not<br />

predicting any major improvement for 2009. All of<br />

the components that contribute to economic<br />

growth have lost momentum. Corporate investment,<br />

in particular, has fallen strongly, and despite<br />

the slight weakening in the euro of late, the French<br />

export economy is struggling to benefit from this<br />

effect compared with other eurozone countries.<br />

Added to this are worrying labour market statistics.<br />

It goes without saying that the impact of the financial<br />

market crisis cannot be expected to pass the<br />

French office real estate markets by. Refinancing<br />

difficulties and higher borrowing costs are causing<br />

investment volumes to fall, just as in other office<br />

markets. The total number of newly leased or sold<br />

office premises fell by 7 % year on year. The number<br />

of current developments remained considerable in<br />

the face of falling demand, yet the situation on the<br />

office real estate market as a whole was balanced.<br />

In the key Paris office locations of La Défense,<br />

Rive Gauche and the city’s CBD, rents came under<br />

pressure, yet, depending on location, remained<br />

within a band of between € 545 and € 765 per<br />

square metre per year, and thus at a high level by<br />

European standards.<br />

In terms of the retail sector, the rise in unemployment<br />

and rapid deterioration in the figures on consumer<br />

confidence were a major burden, which<br />

even the fall in the rate of inflation towards the<br />

end of the year could do nothing to alter. The<br />

development of the retail property market segment<br />

was influenced accordingly, as reflected in


the clear fall in transaction volume. With a total<br />

completed deal volume of € 700 million, this segment<br />

only reached 14 % of its previous year’s<br />

level. To breathe new life into the sector, France<br />

has adopted measures to reduce the bureaucracy<br />

associated with the granting of planning permission,<br />

particularly in the case of new shops, the aim<br />

being that the major retail chains will be the first<br />

to benefit from this move.<br />

The entire French investment market suffered<br />

greatly in <strong>2008</strong>. With investments totalling a mere<br />

€ 9.4 billion, only 57 % of the previous year's level<br />

was achieved during the first three quarters of<br />

<strong>2008</strong>. The difficulties and higher costs associated<br />

with the procurement of liquidity also had a<br />

marked effect in France on those investors reliant<br />

on a positive leverage effect when structuring<br />

their finance. Investment funds withdrew from<br />

the market very abruptly after a first quarter in<br />

which demand for investments had been as great<br />

as ever, whilst listed real estate companies had a<br />

particularly hard struggle due to the difficulties in<br />

procuring capital via the stock markets.<br />

·· NETHERLANDS<br />

After three years in which the economy grew<br />

strongly, economic growth also cooled markedly<br />

in the Netherlands in <strong>2008</strong>. Nevertheless, the<br />

Dutch economy was less strongly affected by the<br />

fall-out from the financial market crisis than many<br />

other eurozone countries. In terms of the third<br />

quarter, growth, at just over 2 %, was below the<br />

2007 average of almost 4 % but still higher than<br />

the eurozone average of 0.6 %. The source of<br />

··· REPORT OF THE BOARD OF MANAGING DIRECTORS ···<br />

greatest concern is the major collapse in consumer<br />

confidence and the anticipated impact on<br />

private consumption in practice.<br />

The Dutch office real estate market weakened in<br />

the third quarter of <strong>2008</strong>. Whilst the Amsterdam<br />

office market continued to enjoy a stable level of<br />

demand, there were the first negative signs in<br />

some regional markets with regard to the marketing<br />

of office premises, with relatively long rentfree<br />

periods. Investment activity fell off markedly,<br />

and the yields generated on the top properties<br />

rose by between 25 and 50 basis points on average<br />

across the country. By the end of the third<br />

quarter of <strong>2008</strong>, the total investment volume was<br />

only 65 % as high as during the same period of<br />

2007.<br />

With regard to the retail property market, new<br />

investment visibly waned as the year progressed,<br />

after three large-scale transactions at the beginning<br />

of the year. The side effects of the problems<br />

on the financial market also resulted in rising<br />

yields in this market segment. In the third quarter<br />

of <strong>2008</strong> the yields on prime retail properties rose<br />

by up to 150 basis points to 6.5 %, and to 6.8 %<br />

in the case of major shopping centres.<br />

·· SPAIN<br />

The Spanish office real estate markets peaked<br />

during the first half of <strong>2008</strong>. The Spanish economy<br />

is currently in recession, marked by a cooling of<br />

the domestic market and weaker foreign demand.<br />

Spain’s construction industry in particular is currently<br />

in a deep crisis, triggered by collapsing<br />

··· 13 ···


··· 14 ···<br />

prices on the housing market. This has also<br />

already hit the office market in Spain hard. Sales<br />

have fallen considerably, as demand is affected by<br />

the uncertain economic prospects. Madrid is particularly<br />

lacking in large-scale deals, whilst<br />

Barcelona was still able to record growth in peripheral<br />

areas during the first half of the year.<br />

In the capital, the number of new-builds being<br />

completed over the coming months is down on<br />

previous months, but only a small proportion of<br />

these projects has already been let. This is placing<br />

greater pressure on the market and, as a result,<br />

vacancy levels will rise more strongly than before<br />

over the coming quarters whilst rents will drop further.<br />

The situation is somewhat more intense in<br />

Barcelona, as there is a much higher level of supply.<br />

This is therefore placing pressure on vacancy<br />

rates and rent levels.<br />

Over the past few years, the Spanish retail sector<br />

has recorded strong sales growth. Due to the<br />

recession, however, a decline in sales can be<br />

expected over the coming months. At the same<br />

time, a further 2 million m² of retail space is due to<br />

come onto the market over the next few months.<br />

This will cause surface productivity to fall more<br />

strongly and lead to falls in sales-related rents. In<br />

the specific case of shopping centres, there is a<br />

much lower level of supply, due to the fact that the<br />

amount of premises is already relatively high by<br />

EU comparisons. Additionally, activities have<br />

moved to smaller towns, with around two thirds of<br />

new openings being in towns with populations of<br />

less than 100,000.<br />

The Spanish investment market was dominated<br />

during the first nine months of last year by one sin-<br />

gle transaction (headquarters of Banco Santander<br />

in Madrid). Leaving aside this deal, the volume of<br />

investment was clearly down on previous years (a<br />

fall of more than 50 %), as was the case elsewhere<br />

in Europe too. At the same time, the type<br />

of investor has changed. Investments with a high<br />

degree of leverage have been replaced by equitybacked<br />

investors. Yields have already increased<br />

over the past few months (currently approx. 5.5 %<br />

on the Madrid and Barcelona office markets), with<br />

a further increase to be expected. Both prices and<br />

rent levels are expected to fall further in 2009.<br />

Overall, the total volume will be stuck at its current<br />

low level, with individual transactions being considerably<br />

smaller.<br />

·· USA<br />

The USA is in the midst of a clear economic crisis<br />

that is affecting all aspects of economic life. Gross<br />

domestic product was already falling by the third<br />

quarter of <strong>2008</strong>, and this downward trend will<br />

intensify further during subsequent quarters. Considerable<br />

action has however already been taken<br />

to counter this trend. In addition to huge interest<br />

rate cuts by the Fed and comprehensive measures<br />

to bolster the financial markets, the economic<br />

stimulus package planned by President<br />

Obama should help to stabilise the economy over<br />

the course of 2009. There will not be any upturn,<br />

however, until the housing market recession<br />

comes to an end and until lending levels begin to<br />

increase again.<br />

The US office real estate market is following in<br />

the path of the economic downturn, although the<br />

full extent of the financial crisis is not yet in evidence<br />

in this particular sector. There were more


office premises on the market in <strong>2008</strong> than in the<br />

previous year. At the same time, there was a negative<br />

level of net absorption, which was particularly<br />

marked during the fourth quarter. As a result, the<br />

vacancy rate rose by a good 10 % over the course<br />

of the year. This trend was also reflected in rents.<br />

In the CBDs, rents were able to continue to rise<br />

slightly, whilst a fall was already in evidence in less<br />

central districts. After the weak final quarter of<br />

<strong>2008</strong> there were no longer any exceptions to this<br />

negative trend in evidence.<br />

This negative trend will intensify and continue<br />

over the coming quarters as further building projects<br />

are completed and become available on the<br />

market, and as there is a clear drop in net absorption<br />

due to the recession and falling demand. Even<br />

if not all of the projects currently being planned<br />

are in fact realised due to the financial crisis, a<br />

stronger rise in vacancy levels and falling rents can<br />

be expected. A probable scenario for 2009 is a further<br />

fall of around 20 % in prices and rents.<br />

The marked weakness of consumption was one of<br />

the main burdens on the US economy in <strong>2008</strong>. The<br />

US retail sector suffered from this trend, with<br />

falling growth in sales. After growth rates of<br />

around 5 % in earlier years, sales during the first<br />

half of the year expanded by only 2 %. Sales over<br />

the next few months are even expected to be<br />

down on the equivalent periods of the previous<br />

year. Developers were already cutting back on<br />

their expansion plans during the first half of <strong>2008</strong><br />

although not in the case of large-scale shoppingcentres,<br />

which experienced a similar increase in<br />

<strong>2008</strong> to that recorded in 2007. Even against this<br />

background, a slight increase in vacancy rates<br />

(5 %) had been expected, and only a slight rise in<br />

··· REPORT OF THE BOARD OF MANAGING DIRECTORS ···<br />

rent levels. In view of the worsening house price<br />

and financial crisis, it is to be expected that the<br />

impact on retail will be all the more negative in<br />

2009. Retail chains will put a halt to their expansion<br />

plans, and less successful outlets will be<br />

closed.<br />

On the US investment market, commercial real<br />

estate transactions have fallen by more than 60 %<br />

over the year so far (and by as much as 70 % on<br />

the office market). One reason for this has been<br />

the lack of major portfolio sales. Yields have risen<br />

strongly as a result. Even once the financial crisis<br />

has come to an end, to be followed by economic<br />

recovery, yields are unlikely in 2009 to fall back to<br />

their earlier lows. Slightly weaker growth in potential,<br />

rising finance costs, higher equity requirements<br />

and lower loan-to-value ratios will ensure<br />

that cap rates remain at a higher level for some<br />

time.<br />

·· CAPITAL MARKET DEVELOPMENT<br />

The crisis of confidence in the banking system<br />

made even short-term refinancing considerably<br />

more difficult for all financial institutions in <strong>2008</strong>.<br />

As a result, money market rates in interbank trading,<br />

for example, rose strongly. One indicator of<br />

the crisis of confidence is the spread between<br />

unsecured (EURIBOR) and secured (EUREPO)<br />

money market claims. Whilst this difference was<br />

under 10 basis points for 3-month money prior to<br />

the outbreak of the crisis, it had risen to in excess<br />

of 80 basis points in March on the back of the Bear<br />

Stearns crisis.<br />

When US investment bank Lehman Brothers<br />

became insolvent in September, the crisis took a<br />

··· 15 ···


··· 16 ···<br />

dramatic turn for the worse with the mood of mistrust<br />

on the financial markets increasing to such<br />

an extent that the already difficult interbank lending<br />

market practically collapsed altogether, with<br />

the spread between the 3-month EURIBOR and 3month<br />

EUREPO widening to over 180 basis points<br />

at times. It was only the courageous and worldwide<br />

coordinated intervention of the central banks<br />

and national governments that stopped the financial<br />

system from going into complete meltdown<br />

with unimaginable consequences for the real<br />

economy.<br />

The European Central Bank (ECB), for example, in<br />

response to the events, had cut its key rates by<br />

175 basis points by the end of the year, after raising<br />

its tender rate to 4.25 % back in July still on<br />

the basis of the rise in inflation sparked by energy<br />

prices.<br />

Capital market yields fluctuated greatly. Having<br />

risen to just under 4.7 % by the middle of <strong>2008</strong>,<br />

the yield on 10-year federal bonds had dropped to<br />

around the 3.0 % mark by the year-end. The extent<br />

of the fluctuations in the USA was even greater,<br />

with 10-year Treasuries approaching a yield level of<br />

2.0 % towards the end of the year. In December<br />

the yield spread between German government<br />

bonds and US government bonds had grown to as<br />

much as 90 basis points.<br />

The euro continued its upwards trend against the<br />

US dollar through until the middle of <strong>2008</strong>. The<br />

exchange rate rose from USD 1.46 at the beginning<br />

of the year to USD 1.60 per euro at times.<br />

This meant that the euro appreciated by almost<br />

10 % against the dollar over the first half of the<br />

year, following a rise of almost 11 % in the external<br />

value of the European currency in 2007. The key<br />

factors in this regard were the different monetary<br />

policy focuses of the central banks through until<br />

the middle of the year. The abrupt change of tack<br />

on the part of the ECB in early October then<br />

placed the euro under a correspondingly large<br />

amount of pressure, resulting in the euro falling in<br />

value to USD 1.25, before recovering again to a<br />

price in the region of UDS 1.40 by the year-end.<br />

The euro also increased strongly in value against<br />

sterling, with parity becoming a tangible possibility<br />

by the end of the year.<br />

On the international equity markets, there were<br />

painful price falls as early as mid-January, when it<br />

became clear that US banks in particular had suffered<br />

major losses as a result of the subprime crisis.<br />

The failure of Bear Stearns placed prices under<br />

renewed pressure in March, although they were<br />

able to stabilise to some extent again over the<br />

ensuing months. It was not until the run-up to the<br />

insolvency of Lehman Brothers in October that<br />

the German DAX fell below the 6,000 point mark,<br />

where it stayed for some time. The unending<br />

stream of bad headlines from the banking sector,<br />

the impact on the real economy in the form of an<br />

ever more evident recession and the fate of Iceland,<br />

which almost became bankrupt, caused dividend-earning<br />

stocks to suffer massive losses. At<br />

4,129 points, the DAX reached its lowest level for<br />

around four years on 21 November. The German<br />

blue chip index recorded a loss of approximately<br />

40 % for the year as a whole.


··· REPORT OF THE BOARD OF MANAGING DIRECTORS ···<br />

··· 17 ···


··· 18 ···<br />

MANAGEMENT REPORT<br />

·· THE CRISIS ON THE FINANCIAL<br />

MARKETS – BACKGROUND AND<br />

IMPACT<br />

Towards the end of 2006 it slowly began to<br />

become clear that the boom in the US market for<br />

private real estate finance was coming to an end.<br />

An increasing number of home-owners who had<br />

financed their house purchases with low-interest<br />

loans began to find themselves in economic difficulty.<br />

Europe’s largest bank, HSBC, published the<br />

first profit warning in its history on 8 February<br />

2007 due to a surprisingly high level of risk provisioning<br />

to cover its US mortgage business. Further<br />

banks followed with further profit warnings,<br />

and it became evident that the problem was not<br />

restricted to US banks. By summer 2007 the US<br />

real estate crisis had reached Germany, and the<br />

news emerged that numerous German banks<br />

were also being forced to write off huge amounts.<br />

The reason lay in the huge jump in credit derivative<br />

business during earlier years. Credit derivatives<br />

include securitised loan receivables. Banks carve<br />

their receivables out of their balance sheets and<br />

transfer them to a special-purpose vehicle. This<br />

vehicle then issues bonds, the interest on and<br />

repayment of which is based on the performance<br />

of the underlying claims. These securitised bonds<br />

are referred to jointly as asset backed securities<br />

(ABS). The ABS market had grown dramatically in<br />

previous years. In just the first six months of 2007,<br />

the total value of issued ABS was USD 1.4 trillion,<br />

and most of these papers were bought up by<br />

banks and funds across the world.<br />

As a consequence of the US real estate crisis,<br />

many hedge funds had to be closed and liquidated.<br />

The market for ABS papers, based on real estate<br />

loans, practically collapsed. The prices for these<br />

papers fell, resulting in the need for the banks that<br />

had included such papers in their portfolio to<br />

implement large write-downs. The first bank to be<br />

hit was the New York investment bank Bear<br />

Stearns. In Germany, meanwhile, it was a medium<br />

-sized bank and three regional banks (Landesbank)<br />

that were particularly hard hit. The Federation,<br />

banking sector and the state-operated Kreditanstalt<br />

für Wiederaufbau (KfW) sprang into action<br />

with a financial rescue package.<br />

More and more banks were subsequently to find<br />

themselves in difficulties.<br />

In the UK, the mortgage lender Northern Rock<br />

was rescued by the Bank of England, which provided<br />

an emergency loan, whilst the British government<br />

stepped in to guarantee all deposits held<br />

with the bank.<br />

The US investment house Bear Stearns was sold,<br />

on the brink of collapse, to J.P. Morgan Chase on<br />

14 March <strong>2008</strong>, with the Fed assuming balancesheet<br />

risks of USD 29 billion.<br />

Then, in July <strong>2008</strong>, the Californian mortgage bank<br />

IndyMac collapsed. Meanwhile, the US mortgage<br />

giants Fannie Mae and Freddie Mac were experiencing<br />

increasing difficulties.


In September <strong>2008</strong>, the investment bank Merrill<br />

Lynch was bought up by the Bank of America,<br />

whilst the insurance giant AIG found itself in acute<br />

financial difficulties brought on by its huge losses<br />

of billions of dollars. The US central bank came to<br />

the aid of AIG with a loan for USD 85 billion.<br />

The real estate crisis is thus turning into a crisis<br />

that is affecting the entire financial sector. The lowest<br />

points in the crisis so far have been the insolvency<br />

of the US investment bank Lehman Brothers<br />

on 15 September <strong>2008</strong> and the threat of state<br />

bankruptcy facing Iceland, to the extent that the<br />

Icelandic government has assumed full control of<br />

its banking industry.<br />

The direct consequences of the global financial<br />

market crisis experienced to date are:<br />

·· Clear restrictions in the flow of funds on the<br />

money and capital markets. As a result of the<br />

lack of confidence in each other, credit institutions<br />

are barely lending to one another anymore.<br />

·· Growing credit spreads for nearly all issuers of<br />

securities. This is in some cases generating dramatic<br />

price losses in the securities markets.<br />

ABS/MBS are the most affected type of security.<br />

Additionally, the negative effects in relation to<br />

bank bonds are spreading into government<br />

papers too.<br />

·· As a result of the widening of credit spreads,<br />

banks are being forced to accept major losses<br />

when valuing their security portfolios. The farreaching<br />

lack of liquidity on the money and capital<br />

markets is leading to a clear deterioration in<br />

··· MANAGEMENT REPORT ···<br />

the refinancing conditions available to banks,<br />

which only have limited opportunities to plug liquidity<br />

shortfalls or to refinance new business<br />

with matching maturities.<br />

The bank regulators and governments in the countries<br />

concerned have reacted by cutting interest<br />

rates, by injecting additional liquidity into the markets<br />

and by agreeing on various different rescue<br />

packages for banks and other sectors and introducing<br />

economic stimulus programmes.<br />

<strong>Deutsche</strong> <strong>Hypo</strong> has also been unable to escape<br />

the fall-out from the financial market crisis. It<br />

remains to be seen how strong the negative<br />

effects of the financial market crisis remain in the<br />

future and how long it will take for the crisis to be<br />

overcome.<br />

Further details on the impact of the financial crisis<br />

on <strong>Deutsche</strong> <strong>Hypo</strong> are provided in the Risk Report.<br />

·· BUSINESS PERFORMANCE<br />

·· OVERVIEW<br />

·· Net interest and commission income was just<br />

under € 118.3 million, and thus up on the previous<br />

year’s level by € 6.4 million (+ 5.7 %).<br />

·· Administrative expenses rose by € 3.8 million in<br />

total (+ 10.5 %). The rise, particularly the rise of<br />

11.6 % in personnel costs, was due to the integration<br />

of the commercial real estate finance<br />

business of NORD/LB during the fourth quarter<br />

··· 19 ···


··· 20 ···<br />

of the previous year and the related rise in the<br />

number of employees. The cost/income ratio<br />

rose to 33.3 % (previous year: 31.9 %).<br />

·· Risk provisioning totalled € 4.8 million on balance<br />

and was thus € 20.6 million down on the<br />

previous year (- 81 %). The costs of provisioning<br />

for loan losses rose to € 22.7 million (previous<br />

year: € 12.4 million) and was within expectations.<br />

Provisioning for risks with regard to the<br />

liquidity reserve was a positive result on balance.<br />

One-off effects from the sale of financial<br />

assets offset the expenses associated with<br />

write-downs and price losses.<br />

It should be borne in mind that the risk provisioning<br />

figure for the previous year was exceptionally<br />

low in terms of a long-term comparison.<br />

·· As a result of major price losses in relation to<br />

claims against Icelandic banks and structured<br />

mortgage loan claims, the Bank reported<br />

expenses for write-downs on securities held as<br />

fixed assets of € 95.0 million (previous year:<br />

€ 5.4 million).<br />

·· The result from ordinary business activity was<br />

significantly down, with a negative balance of<br />

€ 3.0 million. The result after taxes was a positive<br />

result of € 0.6 million. This is primarily due to the<br />

correction of tax provisions and tax claims,<br />

resulting in a net income of € 3.6 million.<br />

·· New mortgage loan commitments totalled<br />

€ 1,779 million. This is substantially down on the<br />

previous year (-34 %), due to the impact of the<br />

financial market crisis and a significantly more<br />

reticent approach to new foreign business.<br />

·· New capital market business commitments also<br />

fell significantly, down to € 2,279 million (- 52 %),<br />

again reflecting the impact of the financial crisis.<br />

·· MORTGAGE LOAN BUSINESS<br />

·· NEW MORTGAGE BUSINESS<br />

New commitments in mortgage business totalled<br />

€ 1,779 million, and were thus € 914 million down<br />

on the previous year (- 34 %). This fall was evenly<br />

split between commercial and residential business,<br />

which accounted for around 80 % and 15 %<br />

respectively of new business, as in the previous<br />

year. <strong>Deutsche</strong> <strong>Hypo</strong> only made limited use of the<br />

newly created scope for mortgage banks to issue<br />

loans without security in the form of a charge on<br />

property, this option being created with the introduction<br />

of the Pfandbrief Act. Such financings<br />

accounted for a mere € 77.5 million (4 %) of the<br />

total volume of new commitments.<br />

New mortgage lending business (in € millions)<br />

3,000<br />

2,000<br />

1,000<br />

0<br />

1,231<br />

354<br />

877<br />

2,188<br />

474<br />

1,714<br />

2,693<br />

425<br />

2,118<br />

2005 2006 2007 <strong>2008</strong><br />

Commercial loans Residential loans<br />

Loans without charge on property<br />

150<br />

1,779<br />

242<br />

77<br />

1,460<br />

The fall in the volume of new business was solely<br />

attributable to the fall in foreign business. This was<br />

reduced by € 1,249 million (- 54 %), with the fall primarily<br />

attributable to the UK and the USA (- € 1,201<br />

million).


Meanwhile, the volume of new commitments was<br />

increased in terms of domestic business, which<br />

grew by € 335 million to total € 736 million (+ 84 %).<br />

The dramatic fall in the volume of new business<br />

can be explained in part by the impact of the financial<br />

market crisis and also in part by the increasingly<br />

cautious business policy adopted in response to<br />

the crisis.<br />

One of the major effects of the crisis was a deterioration<br />

in the available refinancing options. Particularly<br />

after the investment bank Lehman<br />

Brothers became insolvent, demonstrating that<br />

even major banking houses could be affected so<br />

dramatically by the crisis, practically all the options<br />

for acquiring long-term refinancing on the capital<br />

market dried up.<br />

The exorbitant level of risk that emerged out of the<br />

Lehman collapse for the banking sector as a<br />

whole and thus for the worldwide economic system<br />

caused the German government to adopt a<br />

comprehensive raft of measures in the form of<br />

state-backed guarantees and capital investments.<br />

This avoided any further damage to the economic<br />

system, faced with the threat of other major<br />

banks becoming insolvent.<br />

Despite these efforts, the refinancing possibilities<br />

on the capital market were still restricted during<br />

the final quarter of <strong>2008</strong>, not least because the<br />

banks were initially hesitant in taking advantage of<br />

the government's assistance and indeed continue<br />

to be so. This in turn severely impeded the recommencement<br />

of regular business activity on the<br />

capital market as a lack of comparable rates meant<br />

··· MANAGEMENT REPORT ···<br />

that it was not possible to carry out proper pricing<br />

for transactions.<br />

The only very limited refinancing options meant<br />

that lending business was only engaged in to a<br />

limited extent during the final quarter of <strong>2008</strong>,<br />

despite the fact that there were opportunities for<br />

new business to be had.<br />

We have been assessing the real estate markets<br />

in our target countries of the USA, the UK and<br />

Spain as critical for some time now, and pointed to<br />

the weaknesses in these markets back in our<br />

2007 Annual Report. Overheating was particularly<br />

in evidence in the USA, where the market for residential<br />

real estate had been hit by an ongoing<br />

price collapse and where a direct impact on the<br />

commercial property could no longer be ruled out.<br />

Against this background there were and there<br />

remain potentially higher risks for our financing<br />

portfolio in these countries, and the Bank’s more<br />

cautious approach, resulting in a lower volume of<br />

new business in the USA and the UK, was a<br />

necessary reaction to this development.<br />

··· 21 ···


··· 22 ···<br />

New business by region (in € millions)<br />

1,500<br />

1,250<br />

1,000<br />

750<br />

500<br />

250<br />

0<br />

61<br />

517<br />

21<br />

242<br />

50<br />

340<br />

2005 2006 2007<br />

The regional distribution of new commitments in<br />

Germany, which rose by € 335 million overall,<br />

demonstrated that the main increase was to be<br />

found in western Germany (+ € 204.2 million). In<br />

contrast, the rise in eastern Germany was lower<br />

(+ € 53.7 million). In addition, for the first time in<br />

our domestic business, we entered into financing<br />

commitments without charge on property. These<br />

totalled € 77.5 million. In this respect we restricted<br />

our lending exclusively to those customers whose<br />

business is professional real estate investment<br />

and who have the appropriate experience and a<br />

proven track record in this field.<br />

The volume of new commitments in terms of foreign<br />

business was marked by a significant fall in<br />

the USA and the United Kingdom. In the USA, the<br />

volume of new commitments fell by € 761 million<br />

to € 506 million (- 60 %). New commitments in the<br />

UK totalled € 260 million, and were thus € 504 million<br />

down on the level of the previous year (- 66 %).<br />

119<br />

Benelux UK/ Ireland France USA Spain Germany Austria<br />

478<br />

304<br />

558<br />

82<br />

647<br />

66<br />

764<br />

79<br />

1,267<br />

116<br />

401<br />

<strong>2008</strong><br />

At € 95 million, the volume of new business in<br />

Spain remained largely unchanged compared with<br />

the previous year (€ 116 million).<br />

The Benelux countries witnessed a doubling of<br />

new business volumes to € 132 million as our<br />

decision to strengthen our sales capacity in the<br />

region yielded tangible results.<br />

New commitments in France totalled € 35 million.<br />

The future performance of <strong>Deutsche</strong> <strong>Hypo</strong>’s foreign<br />

business is heavily dependent on the performance<br />

of the real estate markets in the key<br />

countries, the United Kingdom and the USA. In<br />

view of the current negative state of these markets,<br />

we will approach all further business activities<br />

here with particular caution. A similar assessment<br />

also appears prudent for the Spanish real<br />

estate market.<br />

132<br />

260<br />

35<br />

506<br />

95<br />

736<br />

15


Of the entire volume of new commitments<br />

entered into, € 242 million (14 %) involved financing<br />

for residential properties. The share of commercial<br />

loans was € 1,460 million (82 %), thus<br />

down on the previous year’s level by € 658 million<br />

(- 31 %). Loans without charge on property totalled<br />

approximately € 78 million (4 %).<br />

The majority of new commercial commitments<br />

related to office and retail premises, which<br />

accounted for around 86 % of the total commercial<br />

new commitment volume. In contrast, new commitments<br />

in the specialised lending field<br />

decreased to € 206 million, a year-on-year fall of<br />

€ 624 million, and thus contributed just 12 % of<br />

the total new lending volume (previous year: 31 %).<br />

During the previous year, business in this segment<br />

mainly involved lending for hotel projects and<br />

logistics buildings. As the crisis on the real estate<br />

markets has developed, <strong>Deutsche</strong> <strong>Hypo</strong> has<br />

become more reticent in its operations in this segment.<br />

The percentage-terms distribution of new commitments<br />

in <strong>2008</strong> over different types of property<br />

has, as in the past, proven its worth in terms of<br />

the balancing of potential income and risk.<br />

3,000<br />

2,500<br />

2,000<br />

1,500<br />

1,000<br />

500<br />

0<br />

··· MANAGEMENT REPORT ···<br />

New business by property type (in € millions)<br />

224.2<br />

342.1<br />

226.2<br />

465.3<br />

1,022.7<br />

829.9<br />

719.4<br />

568.4<br />

311.1<br />

353.8<br />

0.0<br />

474.2<br />

0.0<br />

424.8<br />

150.1<br />

242.3<br />

2005 2006 2007<br />

<strong>2008</strong><br />

Loans without charge on property<br />

Residential Properties Office properties<br />

Retail properties Other properties<br />

·· MORTGAGE LOAN PORTFOLIO<br />

205.7<br />

480.2<br />

773.6<br />

The mortgage loan portfolio increased by € 550<br />

million (+ 6.4 %) from € 8,544 million to € 9,094<br />

million. This increase was the result of new business<br />

in the office and retail property segments,<br />

which grew by € 414 million and € 272 million<br />

respectively. Despite good new business volumes,<br />

residential property recorded a fall of € 52<br />

million. The portfolio in the segment of other properties<br />

decreased by around € 82 million.<br />

The development of the portfolio in Germany and<br />

abroad can be broken down as follows:<br />

In Germany, the domestic portfolio grew by € 111<br />

million to € 5,121 million, so that despite the good<br />

volume of new domestic commitments (€ 736<br />

million), only 15 % of the total impacted on the<br />

portfolio in practice.<br />

77.5<br />

··· 23 ···


··· 24 ···<br />

In relation to foreign business, in contrast, total<br />

mortgage lending fell by € 449 million to € 3,973<br />

million. In other words, of the total new commitments<br />

abroad (€ 1,043 million), around 43 % actually<br />

affected the portfolio.<br />

Mortgage lending abroad amounted to around<br />

43.7 % of the total mortgage portfolio (previous<br />

year 41.3 %).<br />

The stronger increase in the foreign loans portfolio<br />

compared with previous years is attributable to<br />

the longer loan terms, which are an effect of the<br />

crisis on the financial markets. This resulted in a<br />

tangible reticence on the part of all banks with<br />

regard to foreign business, thus enforcing a period<br />

of calm on investors in terms of their propensity<br />

and opportunity to switch lending bank.<br />

In terms of foreign exchange rates, it was the<br />

development of sterling that had the most impact<br />

on the portfolio. The pound weakened severely<br />

against the euro in comparison with its value as at<br />

31 December 2007. Meanwhile, the value of the<br />

US dollar in relation to the euro remained largely<br />

unchanged (as at the balance sheet date).<br />

Development of mortgage loan portfolio<br />

(in € millions)<br />

Residential Retail Office<br />

Other real estate<br />

·· MBS STRUCTURES<br />

<strong>Deutsche</strong> <strong>Hypo</strong> did not conduct any new MBS<br />

business during the year under review. The portfolio<br />

volume of MBS structures amounts to € 208<br />

million (previous year: € 302 million). This value<br />

refers to the (nominal) outstanding capital volume,<br />

not taking into account current prices or writedowns.<br />

Further details on the development of the<br />

MBS portfolio, including the effects of the financial<br />

market crisis, can be found in the Risk Report.<br />

·· CAPITAL MARKET BUSINESS<br />

In view of <strong>Deutsche</strong> <strong>Hypo</strong>’s risk-aware business<br />

strategy, <strong>2008</strong> was a year that offered few opportunities.<br />

High volatility and the continuing widening<br />

of credit spreads for bonds caused a tangible<br />

reticence in relation to new capital market business.<br />

Volumes fell accordingly by around 52 % to<br />

€ 2.3 billion.<br />

During the first half of <strong>2008</strong>, it was still possible,<br />

albeit to a reduced extent, to do decent business<br />

given the risk/reward opportunities. This business<br />

had all but dried up by the second half of the year,<br />

causing <strong>Deutsche</strong> <strong>Hypo</strong> to practically refrain from<br />

new capital market business altogether. Restricted<br />

refinancing opportunities also exacerbated the<br />

situation.<br />

The way this business developed coincided with<br />

our expectations, however. With its experience of<br />

2007 and the outlook for <strong>2008</strong>, the Bank recognised<br />

from an early stage that capital market business<br />

would be significantly down on the previous<br />

year. There were many indicators that the markets<br />

would not be returning to normal, and the poten-


New capital market business (in € millions)<br />

8,000<br />

7,000<br />

6,000<br />

5,000<br />

4,000<br />

3,000<br />

2,000<br />

1,000<br />

0<br />

1,930<br />

2000<br />

2,801<br />

2001<br />

2,344<br />

2002<br />

7,019<br />

2003<br />

6,629<br />

2004<br />

4,554 4,267<br />

2005<br />

2006<br />

tial risks associated with additional new business<br />

were something that the Bank wished to avoid.<br />

Of the remaining new capital market business<br />

recorded during the year, 60 % can be attributed to<br />

domestic business and 40 % to foreign deals. In<br />

this way, <strong>Deutsche</strong> <strong>Hypo</strong> has retained its strategy<br />

of being an international provider of state finance.<br />

Unsecured bank bonds per se ceased to be a<br />

focus of <strong>Deutsche</strong> <strong>Hypo</strong>’s activities back in 2007.<br />

New capital market business by rating<br />

01.01.-31.12.08 (€ 2.3 billion)<br />

4,735<br />

2,279<br />

2007 <strong>2008</strong><br />

··· MANAGEMENT REPORT ···<br />

The exceptionally difficult circumstances on the<br />

capital markets did not have any negative impact<br />

on our cover pool. The proportions of good and<br />

very good ratings once again remained consistently<br />

high this year. Maintaining the AAA rating for the<br />

cover pool lies at the heart of all of the Bank’s<br />

capital market activities. The good rating quality of<br />

our portfolio was confirmed to us by the rating<br />

agencies during the <strong>2008</strong> financial year.<br />

Capital market business portfolio by rating class<br />

As at 31.12.08 (€ 23.5 billion)<br />

·· REFINANCING<br />

The qualifying assets for <strong>Deutsche</strong> <strong>Hypo</strong>’s publicsector<br />

cover pool – with the exception of federal<br />

bonds – were affected by and continue to be<br />

affected by widening spreads, practically without<br />

exception. The Bank’s Pfandbrief products were<br />

also unable to escape this general trend. National<br />

and international investors alike increasingly reacted<br />

by adopting a reticent approach to buying, or at<br />

least by adopting a highly circumspect approach to<br />

new commitments. Some investors, meanwhile,<br />

··· 25 ···


··· 26 ···<br />

rid themselves of their entire Pfandbrief exposure.<br />

As expected, this development meant that<br />

<strong>Deutsche</strong> <strong>Hypo</strong> was not able to match the issuing<br />

volume recorded during 2007. However, it was at<br />

all times in a position to guarantee the Bank’s liquidity.<br />

The issue volume, at € 4.2 billion, was<br />

below the previous year’s figure of € 6.5 billion,<br />

with € 2.3 billion relating to Pfandbrief products.<br />

The clear focus in this regard was on standard or<br />

“plain vanilla” issues, i.e. those without any structured<br />

aspects. There was little interest from buyers<br />

in structured issues and the jumbo segment.<br />

Against the background of the inactive market<br />

making for jumbo issues, investors’ reluctance<br />

towards this benchmark category is easy to understand.<br />

<strong>Deutsche</strong> <strong>Hypo</strong> was also inactive in this<br />

market segment in <strong>2008</strong>.<br />

Demand for <strong>Deutsche</strong> <strong>Hypo</strong> issues primarily<br />

emanated from German customers. The placement<br />

of registered securities remained an important<br />

component of the refinancing mix.<br />

Nevertheless, the Bank’s marketing activities continued<br />

to be geared towards both national and<br />

international investors. The debt issuance programme<br />

– initially launched in the name of an<br />

increasingly international placement – has now<br />

become the main documentation platform for all<br />

bearer issues. On 31 December <strong>2008</strong>, the longterm<br />

issuer privilege defined in the Prospectus<br />

Directive ceased to apply. Since that date, all bearer<br />

papers must be issued in the form of a generally<br />

applicable basis prospectus, pursuant to the<br />

terms of the Prospectus Directive. <strong>Deutsche</strong> <strong>Hypo</strong><br />

had prepared for this transition in good time, having<br />

issued using this documentation form for<br />

some time already.<br />

The Bank’s strategy remains to meet investors’<br />

needs with regard to all forms of securitisation<br />

(mortgage and public Pfandbriefe, uncovered<br />

bonds), product forms (bearer and registered<br />

bonds) and product variations (structured and nonstructured,<br />

optional benchmark bonds including<br />

jumbo issues).<br />

·· SECONDARY MARKET ACTIVITIES<br />

This year, we used active measures to regulate<br />

the price of our own securities with regard to<br />

bonds with a nominal volume of € 685 billion (previous<br />

year: € 678 million) and, despite the difficult<br />

market environment, were able to ensure secondary<br />

market liquidity.<br />

In terms of our portfolio of own securities, early<br />

redemptions during the year under review realised<br />

losses of € 0.9 million (previous year: € 0.6 million).<br />

This expense will reduce future interest<br />

expenses.<br />

The nominal value of our own portfolio as at the<br />

year-end was € 181 million (previous year: € 182.2<br />

million).


·· RATING<br />

<strong>Deutsche</strong> <strong>Hypo</strong> rating<br />

Once again in <strong>2008</strong> there were no changes to the<br />

good ratings awarded to our Pfandbriefe, which<br />

are still rated with the top grades of Aaa and AAA.<br />

On 27 February <strong>2008</strong>, Moody’s Investors Service<br />

confirming as Prime-1 the rating for the Bank’s<br />

short-term (unsecured) liabilities. The fact that the<br />

Bank now belongs to the NORD/LB Group meant<br />

that the Moody’s rating with regard to long-term<br />

(unsecured) liabilities was raised two levels from<br />

A2 to Aa3. This is in recognition of the assumption<br />

that NORD/LB would step in to assist its subsidiary<br />

should <strong>Deutsche</strong> <strong>Hypo</strong> find itself in economic<br />

difficulties.<br />

··· MANAGEMENT REPORT ···<br />

Public Mortgage Short-term Long-term Financial<br />

Pfandbriefe Pfandbriefe liabilities liabilities strength<br />

Standard & Poor’s AAA - - - -<br />

Moody’s Aaa Aaa Prime-1 A2 C<br />

- - - since 27/02/<strong>2008</strong>: since 27/02/<strong>2008</strong>:<br />

Aa3 C-<br />

<strong>Deutsche</strong> <strong>Hypo</strong>’s financial strength rating was<br />

downgraded one level from C to C-. Moody’s also<br />

justified this deterioration on the grounds of the<br />

Bank’s new status as a member company of the<br />

NORD/LB Group, which, it was claimed, brought<br />

greater expectations with regard to the Bank’s<br />

profitability. This in turn could, it was reasoned,<br />

involve <strong>Deutsche</strong> <strong>Hypo</strong> assuming higher risks in<br />

the interests of greater profitability.<br />

··· 27 ···


··· 28 ···<br />

·· NET PRESENT VALUE COVER<br />

Pursuant to the Pfandbrief Net Present Value Ordinance<br />

(PfandBarwertV) of 14 July 2005, Pfandbrief<br />

banks are obliged to ensure that outstanding<br />

Pfandbriefe are covered on a net present value<br />

basis at all times with an over-collateralisation of 2 %<br />

per category (mortgage and public). The Pfandbrief<br />

bank must also ensure that its net present value<br />

cover pursuant to Section 4, paragraph 2, sentence<br />

1 of the Pfandbrief Act is maintained in the<br />

event of changes to interest and exchange rates<br />

(“securing over-collateralisation”). For the purposes<br />

of calculating this surplus cover, <strong>Deutsche</strong> <strong>Hypo</strong><br />

carries out the stress tests as prescribed by the<br />

Ordinance, with the minimum over-collateralisation<br />

of 2 % being maintained.<br />

<strong>Deutsche</strong> <strong>Hypo</strong> met this requirement at all times<br />

throughout the year under review. As an average<br />

for the year, the over-collateralisation on a net<br />

present value basis was 10.58 % in the case of<br />

mortgage Pfandbriefe and 8.91 % in the case of<br />

public Pfandbriefe, and thus well above the minimum<br />

required.<br />

Net present value over-collateralisation of mortgage Pfandbriefe (in € billions)<br />

Outstanding public Pfandbriefe at net present values Net present value of mortgage loan pool Net present value over-collateralisation in %<br />

Net present value over-collateralisation of public Pfandbriefe (in € billions)<br />

Outstanding public Pfandbriefe at net present values Net present value of mortgage loan pool Net present value over-collateralisation in %


·· PROFIT SITUATION<br />

·· INCOME POSITION DOMINATED BY<br />

FINANCIAL MARKET CRISIS<br />

The development of the Bank’s income position<br />

was crucially influenced during the past financial<br />

year by the crisis on the financial markets.<br />

On the basis of a stable to slightly increased contribution<br />

from mortgage lending business, the<br />

Bank was able to increase its net interest and<br />

commission income compared with the previous<br />

years. Up until the third quarter of <strong>2008</strong>, the development<br />

of new business as planned generated a<br />

tangible growth in the portfolio with stable margins.<br />

However, the difficult market situation meant<br />

that the Bank was pursuing a restrictive lending<br />

policy by the fourth quarter. Interest income rose<br />

by € 3.0 million to just under € 109 million (+ 3 %).<br />

This positive development was continued with<br />

commission income of € 9.4 million (previous<br />

year: € 6.0 million). Foreign mortgage lending,<br />

totalling € 3.6 million (previous year: € 5.7 million)<br />

accounted for more than one third of total commission<br />

income. Once again, particularly in the<br />

Anglo-Saxon markets, it was possible to generate<br />

sufficient commission income. Additionally, the<br />

Bank received commission payments of € 2.9 million<br />

from its servicing of the portfolio of loan<br />

claims carried in the books of NORD/LB but<br />

processed by <strong>Deutsche</strong> <strong>Hypo</strong> employees since<br />

1 October <strong>2008</strong>.<br />

High redemptions and the low level of new business<br />

mean that the portfolio was reduced in capital<br />

market business. Nevertheless, even this area<br />

··· MANAGEMENT REPORT ···<br />

of business made a positive contribution of<br />

€ 1,087.3 million (previous year: € 1,139.8 million)<br />

to interest income.<br />

Structure of income and expenses (in € millions)<br />

150<br />

120<br />

90<br />

60<br />

30<br />

0<br />

3.0<br />

111.9<br />

2007<br />

income<br />

20.0<br />

118.3<br />

<strong>2008</strong><br />

income<br />

35.7<br />

26.9<br />

3.6 12.6<br />

3.0<br />

2007<br />

expenses<br />

39.4<br />

3.5<br />

<strong>2008</strong><br />

expenses<br />

Net interest and commission income<br />

Other expenses<br />

Risk result including result from financial assets<br />

Taxes Other income<br />

General admin. expenses including depreciation on fixed assets<br />

·· GENERAL ADMINISTRATIVE EXPENSES<br />

98.4<br />

General administrative expenses rose as expected<br />

compared with the previous year, up by 10.4 % to<br />

a total of € 39.4 million including write-downs. Personnel<br />

expenses rose by 11.6 %, with an increase<br />

of 10 % recorded in other material expenses.<br />

The rise in personnel expenses can be explained<br />

by the acquisition of an additional 83 members of<br />

staff from NORD/LB who, until the end of the third<br />

quarter, were employed in the real estate banking<br />

division of NORD/LB.<br />

One reason for the increase in other material<br />

expenses lies in the rising costs for rented office<br />

premises to accommodate the additional employees<br />

and the costs of façade work to the <strong>Deutsche</strong><br />

<strong>Hypo</strong> banking premises.<br />

The cost/income ratio rose to 33.3 %, which continues<br />

to be a good ratio in light of the turbulence<br />

in evidence on the financial markets.<br />

··· 29 ···


··· 30 ···<br />

·· OTHER OPERATING INCOME AND<br />

EXPENSES<br />

Other operating income amounted to € 16.5 million<br />

(other operating income and expenses balanced<br />

each other out in 2007). The high level of<br />

income is primarily due to the difference between<br />

the book values and sales proceeds for real estate<br />

that was not required for banking operations.<br />

·· RISK PROVISIONING<br />

The risk result was much lower than during the<br />

previous year, with expenses of € 4.8 million.<br />

Risk provisioning for loan losses totalled € 22.7<br />

million (previous year: € 12.4 million). This increase<br />

can be attributed to the at times difficult situation<br />

in some real estate markets. The level of expenses<br />

was as expected. It should also be borne in mind<br />

that the previous year’s figure was an exceptionally<br />

low figure by historical comparisons.<br />

The risk result in relation to the liquidity reserve<br />

was strongly influenced by the ongoing and in<br />

some cases escalating situation on the international<br />

financial markets. One-off effects meant<br />

that income could be generated, which led to a<br />

clearly positive result in relation to the liquidity<br />

reserve. This largely offset the negative effects of<br />

the expenses incurred in relation to lending risk.<br />

As a result of sustained price losses in relation to,<br />

for example, claims against Icelandic banks and<br />

structured mortgage loan claims, the Bank reported<br />

a high level of expenses for write-downs on securities<br />

held as fixed assets. These amounted to<br />

€ 95.0 million (previous year: € 5.4 million).<br />

·· FINANCIAL INSTRUMENT<br />

VALUATION METHODS<br />

The ongoing financial crisis saw the market price<br />

of various different financial instruments fall significantly.<br />

To a large extent, this price collapse can be<br />

attributed to a loss of confidence among market<br />

participants and, consequently, to the disruption of<br />

market mechanisms used for pricing. <strong>Deutsche</strong><br />

<strong>Hypo</strong> responded to this special situation by reallocating<br />

securities from the liquidity reserve to fixed<br />

assets.<br />

The reallocated securities should in any case, in<br />

line with the Bank’s strategy, serve business operations<br />

over the long term and are not required for<br />

the liquidity reserve.<br />

The securities that have been reallocated are almost<br />

exclusively papers with a rating of A or higher.<br />

The book value of the securities transferred to<br />

fixed assets in <strong>2008</strong> was € 1,600.4 million. The<br />

reallocation was carried out in accordance with<br />

IDW RH HFA 1.014 (of 9 January 2009) at the book<br />

value of the most recent annual financial statements<br />

or, in the case of newly acquired securities<br />

in <strong>2008</strong>, at historical costs.<br />

Securities held as fixed assets are carried in the<br />

balance sheet according to the alleviated principle<br />

of the lower of cost or market, i.e. at their depreciated<br />

historical costs or at their reallocation<br />

prices.<br />

In the event of what are likely to be long-term<br />

reductions in value, write-downs are made with an<br />

effect on the results. Given that it is assumed in


the case of a temporary loss in value that the<br />

value will be recovered by maturity, temporary<br />

value adjustments in the case of securities held as<br />

fixed assets are not carried in the balance sheet in<br />

accordance with the provisions of commercial law.<br />

·· RESULT FROM ORDINARY BUSINESS<br />

ACTIVITY<br />

The result from ordinary business activity is a negative<br />

balance of € 3.0 million (representing a yearon-year<br />

fall of € 52.3 million). The return on equity<br />

before tax during the reporting year was - 0.5 %<br />

(previous year: 11.2 %).<br />

The result after taxes was a positive result of € 0.6<br />

million. This is primarily due to the correction of tax<br />

provisions and tax claims, resulting in a net<br />

income of € 3.6 million.<br />

·· REPORT ON SUBSEQUENT EVENTS<br />

There have been no events of particular significance<br />

following the end of the <strong>2008</strong> financial year likely to<br />

have a major impact on our business result for<br />

<strong>2008</strong>.<br />

·· PROPOSED APPROPRIATION OF<br />

PROFIT<br />

The Board of Managing Directors and the Supervisory<br />

Board will propose to the shareholders at the<br />

General Meeting that the distributable profits be<br />

carried forward.<br />

··· MANAGEMENT REPORT ···<br />

·· DEVELOPMENT OF EQUITY<br />

CAPITAL<br />

Balance-sheet capital as at 31 December 2007<br />

totalled € 496.4 million (excluding the distributable<br />

profits from 2007). As resolved by the General<br />

Meeting on 21 May <strong>2008</strong>, the sum of € 9.916 million<br />

from the distributable profits for 2007 was<br />

allocated to other revenue reserves. In October<br />

<strong>2008</strong> NORD/LB made an equity capital contribution<br />

of € 180.0 million, which was allocated to the<br />

capital reserve. As at 31 December <strong>2008</strong>, the balance-sheet<br />

capital (excluding distributable profits)<br />

was therefore € 686.3 million.<br />

Subordinated liabilities fell over the course of the<br />

financial year, down by € 1 million to € 228.3 million.<br />

Of this total, € 215.6 million was incorporated<br />

into the liable equity capital pursuant to Section 10<br />

of the German Banking Act.<br />

Participatory capital remained unchanged during<br />

the financial year. As at 31 December <strong>2008</strong> it<br />

amounted to € 108.2 million, of which € 97.9 million<br />

was incorporated into the liable equity capital<br />

pursuant to Section 10 of the German Banking Act.<br />

Equity capital as reported on the balance sheet<br />

(including participatory capital and subordinated<br />

liabilities) thus totalled € 1,022.8 million excluding<br />

distributable profits.<br />

The Bank’s total equity ratio in accordance with the<br />

Solvency Ordinance was 11.41 % (previous year:<br />

9.3 %). The core capital ratio was 8.56 % (previous<br />

year: 5.5 %). This means that both the total equity<br />

ratio and the core capital ratio far exceeded the<br />

statutory requirements of 8 % and 4 % respectively.<br />

··· 31 ···


··· 32 ···<br />

The issuing of a hybrid bond as resolved at the<br />

General Meeting in November 2006 has not gone<br />

ahead. As a result of the financial crisis and the<br />

associated widening of credit spreads, the agreed<br />

interest rate corridor for this bond can still not be<br />

realised on the market. Furthermore, <strong>Deutsche</strong><br />

<strong>Hypo</strong> is now a member company of the NORD/LB<br />

Group and will be provided with equity capital<br />

within the framework of the basic parameters<br />

stipulated for the Group, as already happened in<br />

October <strong>2008</strong>.<br />

·· GROUP AFFILIATION<br />

As formally stated, the following companies held a<br />

stake in our company up until 8 January <strong>2008</strong>:<br />

·· BHF-BANK Aktiengesellschaft, Frankfurt am<br />

Main<br />

·· M.M. Warburg & CO Gruppe KGaA, Hamburg<br />

·· Döhle ICL Beteiligungsgesellschaft mbH, Hamburg<br />

·· Josef H. Boquoi-Stiftung, Lübeck<br />

·· COREALCREDIT BANK AG, Frankfurt am Main<br />

·· Union Investment Institutional GmbH,<br />

Frankfurt am Main<br />

Since 8 January <strong>2008</strong>, Norddeutsche Landesbank<br />

Girozentrale, Hanover, has held the majority share<br />

(97.612 %) of our company’s share capital. Furthermore,<br />

since 9 December <strong>2008</strong>, on the basis of a<br />

ruling of Frankfurt am Main Upper Regional Court,<br />

according to which the application lodged by Norddeutsche<br />

Landesbank (NORD/LB) for the squeezeout<br />

of minority shareholders of <strong>Deutsche</strong><br />

<strong>Hypo</strong>thekenbank (Actien-Gesellschaft) in conjunction<br />

with the takeover by NORD/LB in exchange<br />

for a settlement was upheld, NORD/LB has been<br />

the sole shareholder of <strong>Deutsche</strong> <strong>Hypo</strong>thekenbank<br />

(Actien-Gesellschaft).<br />

Pricing of the <strong>Deutsche</strong> <strong>Hypo</strong>thekenbank (Actien-<br />

Gesellschaft) share (security code no. 804200,<br />

ISIN DE0008042003) was ceased at the close of<br />

business on Tuesday, 23 December <strong>2008</strong>. The<br />

admission of the shares to trading was officially<br />

revoked pursuant to Section 39, paragraph 1 of<br />

the Stock Market Act as at 30 December <strong>2008</strong>.<br />

In accordance with Section 271, paragraph 2 of<br />

the German Commercial Code, <strong>Deutsche</strong><br />

<strong>Hypo</strong>thekenbank (Actien-Gesellschaft) is an affiliated<br />

company of NORD/LB and is included in the<br />

consolidated accounts of NORD/LB. These consolidated<br />

financial statements will be published in<br />

the electronic Federal Gazette on 29 April 2009.<br />

As formally stated, NORD/LB holds the majority of<br />

the share capital of <strong>Deutsche</strong> <strong>Hypo</strong>thekenbank<br />

(Actien-Gesellschaft), Hanover/Berlin. The Bank's<br />

Board of Managing Directors has produced a<br />

report on relations with affiliated companies for<br />

the period from 8 January <strong>2008</strong> to 31 December<br />

<strong>2008</strong>, and declared as follows, in accordance with<br />

Section 312, paragraph 3 of the Joint Stock Companies<br />

Act (AktG):<br />

“With regard to the legal transactions listed in the<br />

report on relations with affiliated companies,<br />

<strong>Deutsche</strong> <strong>Hypo</strong>thekenbank (Actien-Gesellschaft)<br />

has – on the basis of the circumstances which<br />

were known to it at the time of the respective<br />

legal transaction – consistently been in receipt of<br />

an appropriate counter-performance.<br />

It has not been disadvantaged by any measures<br />

taken or omitted at NORD/LB’s request.”


·· LETTER OF COMFORT OF NORD/LB<br />

As noted by NORD/LB in the Annex to the <strong>2008</strong><br />

Annual Report, NORD/LB shall ensure that<br />

<strong>Deutsche</strong> <strong>Hypo</strong>thekenbank (Actien-Gesellschaft)<br />

is in a position to meet its obligations.<br />

·· RISK REPORT<br />

·· CURRENT DEVELOPMENTS<br />

·· Integration of <strong>Deutsche</strong> <strong>Hypo</strong> into the NORD/LB<br />

Group risk management system. As part of the<br />

integration with the NORD/LB Group, the risk<br />

management system has been adjusted in order<br />

to ensure uniformity of risk measurement and<br />

management across the Group.<br />

·· Adjustment of the <strong>Deutsche</strong> <strong>Hypo</strong> risk strategy.<br />

Adjustments to the risk strategy largely comprised<br />

the introduction of the concept of riskbearing<br />

capacity that is used throughout the<br />

NORD/LB Group.<br />

·· Expansion and optimisation of the management<br />

of liquidity risk. The methods employed to measure<br />

the liquidity risk have been harmonised with<br />

those used by the NORD/LB Group. Moreover,<br />

the liquidity risk is now also taken into account as<br />

part of the assessment of risk-bearing capacity.<br />

·· Credit spread risk: As a consequence of the crisis<br />

on the financial markets, the methods used<br />

to measure and manage the credit spread risk<br />

have been thoroughly revised. In addition, the<br />

analytical methodology of the NORD/LB Group<br />

has also been implemented.<br />

··· MANAGEMENT REPORT ···<br />

·· On 30 September <strong>2008</strong> the Bank obtained the<br />

approval of the Federal Financial Supervisory<br />

Authority (BaFin), to use an internal ratings<br />

based approach (IRBA) to determine the minimum<br />

capital requirements according to the<br />

rules of the German Solvency Ordinance<br />

(SolvV). Introduction of new ratings procedures:<br />

as part of the process of integration into the<br />

NORD/LB Group, the Bank has introduced new<br />

ratings procedures as of October <strong>2008</strong> that are<br />

already in use throughout the rest of the<br />

NORD/LB Group. These ratings procedures concern<br />

the real estate finance business. The procedures<br />

have already been recognised by the<br />

banking supervisory authority for use by<br />

NORD/LB and therefore do not affect the Bank’s<br />

existing IRBA approval.<br />

·· Expansion of reporting in the field of risk management.<br />

<strong>Deutsche</strong> <strong>Hypo</strong> has been fully integrated<br />

into the NORD/LB Group’s risk reporting<br />

system.<br />

·· Incorporation of <strong>Deutsche</strong> <strong>Hypo</strong> into the<br />

Sicherungsreserve der Landesbanken und<br />

Girozentralen (a deposit guarantee scheme operated<br />

by the Landesbanks and the central associations<br />

of the savings banks) with effect from<br />

1 January 2009. This scheme is the public-sector<br />

banking equivalent of the Joint Fund for Securing<br />

Customer Deposits operated by the private<br />

banks.<br />

··· 33 ···


··· 34 ···<br />

·· IMPACT OF THE FINANCIAL CRISIS<br />

·· EFFECTS ON THE RISK RESULT AND RISK<br />

POSITION OF DEUTSCHE HYPO<br />

The business result of the Bank for <strong>2008</strong> has been<br />

significantly affected by risk provisioning in the<br />

form of what is likely to be a permanent value<br />

adjustment of Icelandic bank bonds held in the<br />

securities portfolio, the Bank’s exposure to the<br />

Lehman Brothers investment bank, and other<br />

write-downs in the MBS portfolio.<br />

At € 22.7 million, the level of risk provisioning in<br />

the real estate finance sector is only slightly over<br />

the planned value and corresponds to the average<br />

level of previous years, with the exception of the<br />

exceedingly good risk result in 2007, which was<br />

extremely low following sales of non-performing<br />

loans in 2006.<br />

In relation to the total portfolio of real estate<br />

financings, the risk ratio for <strong>2008</strong> was 0.25 %,<br />

which corresponds to expectations and historical<br />

risk costs and which was taken into account in the<br />

margin calculation for new business. Actual use of<br />

value adjustments, at € 12.5 million and 0.14 % of<br />

the portfolio, was significantly down on the previous<br />

year’s levels.<br />

Compared with previous years, it was necessary<br />

for the first time to engage in significant risk provisioning<br />

for foreign financing. Of the total new<br />

allocations to individual value adjustments, 58.1 %<br />

can be attributed to just two financings in the USA<br />

and the UK.<br />

·· REAL ESTATE FINANCE<br />

Of the Bank’s real estate finance portfolio (including<br />

guarantees and loans without charge on property)<br />

of approximately € 9.4 billion, 79 % consists<br />

of finance granted to customers whose credit rating<br />

is at least satisfactory on the basis of the rating<br />

scale of the IFD initiative (an initiative designed to<br />

support Germany as a financial base).<br />

Rating structure<br />

based on IFD<br />

(in € millions)<br />

Very good to good<br />

Good/satisfactory<br />

Still good/satisfactory<br />

Elevated risk<br />

High risk<br />

Very high risk<br />

Default<br />

Total<br />

<strong>2008</strong><br />

Volume Share<br />

1,389 14.8 %<br />

2,884 30.8 %<br />

3,143 33.6 %<br />

1,085 11.6 %<br />

407 4.4 %<br />

162 1.7 %<br />

289<br />

9,359<br />

3.1 %<br />

2007<br />

Volume Share<br />

1,102 12.6 %<br />

2,370 27.2 %<br />

3,982 45.7 %<br />

883 10.1 %<br />

190 2.2 %<br />

4 0.1 %<br />

184<br />

8,715<br />

2.1 %<br />

Overall, over the last two months, 60 % of the<br />

portfolio was revalued using the new Group-wide<br />

rating procedures.<br />

Half of new business was generated within the<br />

first two rating categories, with the other half<br />

being generated in the third category. The broader<br />

allocation of the portfolio across the rating classes<br />

compared with the previous year can be attributed<br />

to the new rating procedures, which lead to more<br />

broadly diversified results. At the same time, the<br />

increase in volume in the riskier categories is a<br />

reflection of the poorer economic situation on the<br />

real estate markets, particularly in the regions of<br />

the UK and the USA.


54 % of the portfolio is composed of domestic<br />

finance. 46 % of the portfolio is composed of foreign<br />

finance with the focus on the USA (19 %) and<br />

the UK (14 %), as well as France (4 %), Spain (3 %)<br />

and the Benelux countries and Austria.<br />

The rating reflects the credit standing of the<br />

respective borrower. The actual risk associated<br />

with the finance is also crucially determined by the<br />

quality of the real estate serving as security.<br />

·· USA<br />

Exposure in the USA including disbursement obligations<br />

totals € 1.9 billion, distributed among 80<br />

individual financings with an almost balanced<br />

spread across the core segments of office properties<br />

(€ 0.7 billion), residential property (€ 0.4 billion),<br />

retail trade (€ 0.3 billion) and hotels (€ 0.4 billion),<br />

and other segments accounting for € 0.1 billion.<br />

In all, 28 financings worth € 0.6 billion relate to<br />

project developments. These include 12 commitments<br />

to “condominium constructions” with a<br />

volume of € 0.2 billion. Since the beginning of the<br />

year we have been observing a weakening of marketing<br />

success and some cases of delayed construction<br />

work. As a result of this weakening in the<br />

market, three out of the 12 condominium projects<br />

are classed as ailing loans, with three further projects<br />

being the subject of intensive measures.<br />

Of the 268 individual properties financed in the<br />

USA, most are located in New York, the District of<br />

Columbia, California, Florida and Nevada. 94 % of<br />

the financings in the portfolio have an A rating. The<br />

average LTV based on market values from previous<br />

years is 55 %.<br />

As part of ongoing market observation, a higher<br />

level of market fluctuations was in evidence<br />

towards the end of <strong>2008</strong> in the case of half of the<br />

US portfolio. Yields from 2006 to September <strong>2008</strong>,<br />

changes in rent levels and vacancy rates have all<br />

been evaluated.<br />

Given the broad spread of properties across the<br />

whole of the USA, no further investigation of individual<br />

regional markets was carried out. Instead,<br />

each commitment was examined to determine<br />

whether the valuation needed to be reviewed in<br />

response to the changed market conditions. Problematic<br />

properties were identified and viewed by<br />

the Bank's own experts. In the case of project<br />

developments and further properties, the indicative<br />

values are already showing average market<br />

price falls of 15 %. This trend could change further<br />

following the revaluation of individual properties<br />

and on the basis of more up-to-date rental and<br />

marketing rates. It was not necessary to adjust<br />

the loan values determined by the Bank in <strong>2008</strong>.<br />

·· UNITED KINGDOM<br />

··· MANAGEMENT REPORT ···<br />

The Bank is involved in 38 financings worth € 1.2<br />

billion in the UK. Half of this volume is invested in<br />

the office properties market (€ 0.5 billion) and the<br />

hotel sector (€ 0.2 billion). Only 8.5 % of the portfolio<br />

is related to residential construction.<br />

As in the case of the USA, it was not necessary to<br />

identify individual markets in the UK given that all<br />

property types across the country are clearly<br />

being affected by the general fluctuations on the<br />

market. For this reason, the review of market values<br />

generally carried out every three years was<br />

··· 35 ···


··· 36 ···<br />

brought forward for all properties forming the<br />

object of loans. By the end of the year, the market<br />

values of all properties in the highest priority category<br />

had been recalculated on an indicative basis<br />

without a viewing.<br />

A review of properties' value will be required for<br />

half of all the real estate, with the first results<br />

already indicating a more significant reduction in<br />

market price than that seen in the USA and thus a<br />

deterioration in the original average LTV of 57 %.<br />

Two financings have already failed in <strong>2008</strong> and<br />

needed to be partly value adjusted.<br />

MBS portfolio<br />

The portfolio of securitisations as at 31 December<br />

<strong>2008</strong> encompassed a total of 53 individual stocks<br />

with a book value of € 166 million, which, in accordance<br />

with the Bank’s business strategy, were<br />

acquired with a minimum rating of A and are under-<br />

pinned by a diversified range of real estate portfolios<br />

in the residential and commercial sectors.<br />

MBS portfolio by asset class<br />

Volume: € 166 million<br />

MBS portfolio by rating<br />

Volume: € 166 million<br />

CMBS-UK, accounting for 58 % of the portfolio, is<br />

the most significant asset class. Despite the evident<br />

cooling on the European real estate markets<br />

and increasingly visible covenant breaches, rating<br />

downgrades and negative outlooks in the case of<br />

various different European MBS, the European<br />

CMBS and RMBS of <strong>Deutsche</strong> <strong>Hypo</strong> have been<br />

considered to be stable to date. Monitoring on an<br />

individual basis on the basis of fundamental performance<br />

to date – leaving aside price falls – has<br />

not yet led to any early warning criteria being fulfilled.<br />

All of the European papers are investment<br />

grade and have met their payment obligations to<br />

date.<br />

With the exception of one issue with a rating of<br />

BBB-, all of the European papers have at least an<br />

A rating.<br />

The current situation with regard to US exposure<br />

is considerably more difficult. Whilst the CMBS-<br />

US is still recording a satisfactory performance<br />

and still has ratings of AAA, the fundamental data<br />

of both the RMBS-US and the CDO-US have


markedly deteriorated, as is also evident from a<br />

large number of downgrades in relation to these<br />

papers.<br />

With regard to the assessment of US CDO and<br />

RMBS papers, which are classed as critical,<br />

<strong>Deutsche</strong> <strong>Hypo</strong> has set up internal scenario models.<br />

Overall, value adjustments of € 41 million have<br />

been made, of which € 26 million in <strong>2008</strong>. The<br />

value adjustment ratio for papers class as critical is<br />

therefore 90 %, and 53 % with regard to the<br />

entire US portfolio. With the remaining low residual<br />

book values of € 8 million in the case of CDOs<br />

and € 29 million in the case of the US RMBS segment,<br />

concerning almost exclusively investment<br />

grade papers, default risks scarcely exist at the<br />

current time.<br />

As an early reaction to the financial crisis, the Bank<br />

halted its MBS business back in May 2007 and<br />

has not acquired any further papers since this<br />

time.<br />

Securities portfolio by borrower<br />

Total volume € 12.0 billion (31.12.08)<br />

Securities portfolio<br />

··· MANAGEMENT REPORT ···<br />

The securities portfolio is composed on an almost<br />

equal basis of securitised claims against central<br />

governments, local authorities and public companies,<br />

accounting for a share of 44 %, and of claims<br />

against [credit] institutions, accounting for 56 %.<br />

The main focus continues to be on domestic exposure,<br />

accounting for 59 %.<br />

Securities portfolio by rating<br />

Total volume € 12 billion (31.12.08)<br />

··· 37 ···


··· 38 ···<br />

The current economic situation is, however, also<br />

reflected in the securities portfolio. The average<br />

rating of AA- corresponds to the previous year’s<br />

average. It is still the case that 59 % of the securities<br />

portfolio is rated AA- or higher. However, this<br />

figure was as high as 67 % during the previous year.<br />

For the first time in <strong>2008</strong>, value adjustments were<br />

required (without taking into account the MBS<br />

portfolio) due to value impairments that were<br />

judged to be long-term. Affected by these adjustments<br />

were five issues with a volume of € 90 million;<br />

Lehman Brothers, which still had an external<br />

rating of A at the beginning of the year, and the<br />

Icelandic credit institutions Kaupthing Bank, Glitnir<br />

Bank (both with an A rating) and Landsbanki (AA).<br />

All of the other papers in the securities portfolio<br />

continue to be of investment grade quality.<br />

Lehman Brothers<br />

As a direct consequence of the subprime crisis,<br />

Lehman Brothers Holding Inc., New York, following<br />

substantial losses, applied for creditor protection<br />

pursuant to Chapter 11 of the Bankruptcy<br />

Code in September <strong>2008</strong>. BaFin responded on the<br />

same day by ordering a moratorium on Lehman<br />

Brothers Bankhaus AG. <strong>Deutsche</strong> <strong>Hypo</strong> terminated<br />

its framework derivatives agreement with Lehman<br />

Brothers Bankhaus AG with immediate effect and<br />

entered into replacement transactions.<br />

The Bank’s total claim against Lehman Brothers<br />

Holding Inc. is € 10 million from a floating rate<br />

note, with € 5 million owed from the German company<br />

Lehman Brothers Bankhaus AG from the balanced<br />

additional expenses due to the termination<br />

of the derivatives.<br />

Iceland<br />

The Icelandic credit institutions Kaupthing Bank,<br />

Landsbanki and Glitnir Bank in particular were hit<br />

incredibly hard by the worldwide financial and<br />

banking crisis. Operating in accordance with contingency<br />

laws, the FME (Iceland's financial supervisory<br />

authority) assumed control of the institutions,<br />

splitting each up into a “new-bank” and a<br />

“bad-bank”. Foreign activities remained in the old<br />

bank (“bad-bank”).<br />

A moratorium on the “bad-bank” was declared on<br />

24 November <strong>2008</strong>. This measure is said to be<br />

necessary to ensure that all creditors are treated<br />

equally. Additionally, talks are to be held with the<br />

creditors with the aim of maximising the proceeds<br />

received by all of those concerned.<br />

Given the lack of transparency surrounding the<br />

transactions, there is no reliable information available<br />

on the potential amounts likely to be<br />

recouped. The nominal amount of exposure to the<br />

Icelandic institutions is € 80 million.<br />

Liquidity risk<br />

The effects in terms of liquidity risk primarily relate<br />

to the short-term liquidity risk. The shortage of liquidity<br />

associated with the financial crisis poses<br />

the risk of insolvency. <strong>Deutsche</strong> <strong>Hypo</strong> monitors<br />

this risk by permanently reviewing future payment<br />

flows and by asking the question of how long the<br />

Bank's liquidity will last before cover will need to<br />

be sought on the money or capital market. As<br />

soon as cover is required from the market,<br />

<strong>Deutsche</strong> <strong>Hypo</strong> has the option, in its capacity as a<br />

Pfandbrief bank, of procuring additional liquidity by


issuing covered mortgage Pfandbriefe. Only in a<br />

final escalation stage would liquidity be procured<br />

by issuing non-covered bonds. This possibility<br />

would only have been available to a limited extent<br />

during the past financial year in light of the crisis<br />

on the financial market. However, <strong>Deutsche</strong><br />

<strong>Hypo</strong>’s short-term liquidity situation proved to be<br />

risk-free to a large extent in <strong>2008</strong>.<br />

Throughout the entire year, <strong>Deutsche</strong> <strong>Hypo</strong> was in<br />

a position to cover its liquidity needs for the following<br />

eleven months without the need for unsecured<br />

bonds to be issued. Potential deteriorations<br />

also emerged in the area of refinancing risk as a<br />

result of widening credit spreads. With regard to<br />

measurement of liquidity risk (30 June <strong>2008</strong>), the<br />

relevant risk key figure was € 53.7 million. As at 30<br />

September <strong>2008</strong>, this risk had increased to € 65.0<br />

million. This prompted <strong>Deutsche</strong> <strong>Hypo</strong> to take<br />

counter-measures to manage the situation. In particular,<br />

the covering of forward deposits was used<br />

to create scope for balancing existing incongruent<br />

refinancing with covered refinancing options. This<br />

situation improves the refinancing potential and,<br />

correspondingly, reduces the refinancing risk. As<br />

at 31 December <strong>2008</strong>, the risk key figure for liquidity<br />

risk had fallen to € 39.9 million.<br />

This demonstrates the advantageous nature of the<br />

newly introduced processes to measure and manage<br />

liquidity risk, the quality and effectiveness of<br />

which was directly proven.<br />

··· MANAGEMENT REPORT ···<br />

·· IMPACT OF THE FINANCIAL CRISIS ON<br />

OFF-BALANCE SHEET VALUE IMPAIRMENTS<br />

OF SECURITIES HELD AS FIXED ASSETS AND<br />

CREDIT DERIVATIVES<br />

Securities held as fixed assets<br />

Value impairment of securities held as fixed<br />

assets are carried out by <strong>Deutsche</strong> <strong>Hypo</strong> using the<br />

alleviated lower of cost or market principle and<br />

posted to profit and loss, provided that the value<br />

impairments are judged to be long-term.<br />

If the value impairments are not judged to be longterm<br />

impairments, the assets are carried in the<br />

balance sheet at their depreciated historical costs<br />

as it can be assumed that the value will be written<br />

back or that repayment will be made in full upon<br />

maturity. Temporary market fluctuations are not<br />

taken into account for balance sheet purposes due<br />

to the intention of holding these assets over the<br />

long term.<br />

As a result of the financial crisis, the credit<br />

spreads for a large proportion of the securities<br />

portfolio have widened, so that the market values/<br />

fair values of the securities have been markedly<br />

reduced on a temporary basis despite the very<br />

good quality of the portfolio.<br />

Taking into account valuation units, there were<br />

hidden obligations in the amount of - € 60.9 million<br />

(previous year: € 71.5 million) for the book values<br />

in the amount of € 7,436.0 million (previous year:<br />

€ 3,377.6 million) as at the balance sheet date,<br />

alongside hidden reserves in the amount of € 23.6<br />

million (previous year: € 41.8 million) for book values<br />

in the amount of € 3,397.7 million (previous<br />

··· 39 ···


··· 40 ···<br />

year: 6,249.8 million). On balance, this gives hidden<br />

obligations of € 37.3 million (previous year:<br />

€ 29.7 million). For the purposes of this calculation,<br />

model values were used for those securities for<br />

which no market values were available.<br />

Credit derivatives<br />

<strong>Deutsche</strong> <strong>Hypo</strong>’s credit derivative portfolio<br />

includes total return swaps on US municipals in a<br />

nominal amount of € 698.25 million and credit<br />

default swaps on states in a nominal amount of<br />

€ 594.59 million. As at the balance sheet date, the<br />

positive fair value of the total return swaps was<br />

€ 122.59 million, whilst the credit default swaps<br />

had a negative fair value of - € 4.73 million. Given<br />

the predominantly very good rating quality of the<br />

underlyings, we are assuming that the value<br />

impairment will only be temporary.<br />

A further effect of the financial crisis was that only<br />

limited market prices from liquid markets have<br />

been available for the valuation of securities held<br />

as fixed assets and credit derivatives. Where there<br />

is an absence of active markets, model prices are<br />

used to calculate hidden obligations/reserves in<br />

the place of market prices. Further information on<br />

and reasons for the model prices used are given<br />

below.<br />

In the case of securities held as fixed assets,<br />

31.2 % of the portfolio was valued using models.<br />

Due to the lack of liquidity of the relevant markets,<br />

credit derivatives were valued entirely using<br />

model prices. Had a valuation been carried out<br />

using what we regard as the highly distorted<br />

prices of inactive markets, the balance of hidden<br />

obligations and hidden reserves with regard to<br />

securities held as fixed assets would have been<br />

less favourable to the tune of € 152.3 million,<br />

whilst the market values of credit derivatives<br />

would have been € 149.65 million lower.<br />

·· FINANCIAL INSTRUMENT VALUATION<br />

METHODS<br />

The ongoing financial crisis saw the market price<br />

of various different financial instruments drop significantly.<br />

To a large extent, this price collapse can<br />

be attributed to a loss of confidence among market<br />

participants and, consequently, to the disruption<br />

of market mechanisms using for pricing.<br />

<strong>Deutsche</strong> <strong>Hypo</strong> responded to this special situation<br />

with two measures:<br />

·· 1. Reallocation of securities from the liquidity<br />

reserve to fixed assets<br />

During the <strong>2008</strong> financial year, the Bank reallocated<br />

securities from the liquidity reserve to<br />

fixed assets. The reallocated securities should in<br />

any case, in line with the Bank’s strategy, serve<br />

business operations over the long term and are<br />

not required for the liquidity reserve.<br />

The securities that have been reallocated are<br />

almost exclusively papers with a rating of A or<br />

higher.<br />

The book value of the securities transferred to<br />

fixed assets in <strong>2008</strong> was € 1,600.4 million. The<br />

reallocation was carried out in accordance with<br />

IDW RH HFA 1.014 (of 9 January 2009) at the<br />

book value of the most recent annual financial<br />

statements or, in the case of newly acquired<br />

securities, at historical cost.


Securities held as fixed assets are carried in the<br />

balance sheet according to the alleviated principle<br />

of the lower of cost or market, i.e. at their<br />

depreciated historical costs or at their reallocation<br />

prices.<br />

In the event of what are likely to be long-term<br />

reductions in value, write-downs are made with<br />

an effect on the results. Given that it is assumed<br />

in the case of a temporary loss in value that the<br />

value will be recovered by maturity, temporary<br />

value adjustments in the case of securities held<br />

as fixed assets are not carried in the balance<br />

sheet in accordance with the provisions of commercial<br />

law.<br />

·· 2. Application of model prices in disrupted/<br />

inactive markets<br />

The greatly limited ability of the financial markets<br />

to function properly has led to a significant<br />

amount of uncertainty within the financial sector<br />

regarding the valuation of securities, i.e. in the<br />

calculation of their fair value.<br />

The various segments of the capital market have<br />

been affected to differing extents by the financial<br />

crisis. While bonds of public-sector issuers<br />

were at times extremely sought after as a safe<br />

haven, most other markets almost entire collapsed<br />

in some cases, due to the substantial<br />

loss of confidence.<br />

The massive disruption to market mechanisms<br />

has led to major price falls, with very high<br />

bid/offer spreads and levels of trading that range<br />

from low to non-existent. The securities and<br />

··· MANAGEMENT REPORT ···<br />

credit derivative portfolios of <strong>Deutsche</strong> <strong>Hypo</strong><br />

were also affected by this fall in listed market<br />

prices.<br />

In order to provide a proper view of its assets,<br />

liabilities, financial position and profit or loss,<br />

<strong>Deutsche</strong> <strong>Hypo</strong> has reviewed on an individual<br />

basis the extent to which the listed prices can<br />

be used as the basis for calculating the fair values<br />

of securities and derivatives. The German<br />

Commercial Code (H<strong>GB</strong>) does not contain<br />

express provisions on how fair value should be<br />

calculated. In the case of active markets,<br />

<strong>Deutsche</strong> <strong>Hypo</strong> applied the mark to market or<br />

mark to matrix method for its valuations in line<br />

with its standard practice. With regard to inactive<br />

markets, discounted cash flow (DCF) models<br />

were used to calculate the fair value.<br />

In respect of the securities in the liquidity<br />

reserve, the Bank was able to consistently<br />

establish sufficient market activity so that the<br />

valuation was based exclusively on the mark to<br />

market approach.<br />

In relation to the securities held as fixed assets,<br />

for a portion of the securities it was not possible<br />

to establish a sufficient level of market activity;<br />

in these cases model values were used to calculated<br />

the fair value. Since securities held as fixed<br />

assets are accounted for using the optional<br />

lower of cost or market approach, the use of<br />

DCF models in reporting the Bank’s result is not,<br />

however, important. No write-ups based on<br />

model values were posted to the balance sheet.<br />

··· 41 ···


··· 42 ···<br />

To this extent, no DCF model valuation methods<br />

were used to calculate the result reported for<br />

<strong>2008</strong>.<br />

The largest effect (in monetary terms) of the use<br />

of DCF models was in the hidden reserves/hidden<br />

charges relating to securities held as fixed<br />

assets as reported in the Notes, and in the fair<br />

values for credit derivatives reported in the<br />

Notes.<br />

·· CALCULATION OF THE FAIR VALUE OF<br />

SECURITIES<br />

For all securities, <strong>Deutsche</strong> <strong>Hypo</strong> verified the liquidity<br />

of the market in order to assure itself of the<br />

applicability of the listed prices for use in a proper<br />

valuation. The initial premise of the verification in<br />

each case was a visible, significant difference<br />

between the “published” price and the theoretical<br />

fair price of a security that would be agreed<br />

(approximately) between market experts in a liquid<br />

market.<br />

Where in these cases we also established there<br />

was insufficient representative sales volume and<br />

bid/offer spreads that were judged not to be typical<br />

of the market, we used DCF model prices<br />

instead of “market prices”.<br />

In the context of the DCF model, the cash flows<br />

for the securities are risk-adjusted and discounted<br />

on the basis of the swap curve. The risk adjustment<br />

process takes account of the issuer-related<br />

probability of default and a worst case scenario in<br />

terms of a 100 % loss in the event of default. With<br />

regard to the discounting, account is also taken of<br />

the spread premiums for the required return on<br />

equity, which increase as the risk level rises. Wherever<br />

securities include cancellation rights, these<br />

were incorporated into the value using common<br />

actuarial methods/standard option pricing models.<br />

On balance, the value of the security is calculated<br />

from the Bank’s perspective using the selected<br />

model if the Bank intends holding the security<br />

until its final maturity and wishes to obtain an<br />

appropriate level of return on the risk involved.<br />

·· SPECIAL CHARACTERISTICS OF DCF<br />

VALUATION OF MBS<br />

MBS papers are as a general rule also valued<br />

using the above valuation model for securities.<br />

Due to the irregular structure of the interest and<br />

redemption cash flows, the expected cash flows<br />

are calculated on the basis of the weighted average<br />

life (WAL) and average expected interest. The<br />

probabilities of default applied are based on the<br />

current assessments of the rating agency<br />

Moody’s. In calculating the risk-dependent return<br />

for the purposes of ensuring capital adequacy, the<br />

quality of the MBS tranche was taken into account<br />

in addition to the probability of the issuer defaulting.<br />

To calculate what are expected to be long-term<br />

value reductions in CDOs and US RMBS, internal<br />

models were used on the basis of which the<br />

expected long-term defaults on tranches held by<br />

<strong>Deutsche</strong> <strong>Hypo</strong> could be estimated.<br />

The models take account of the crucial risk key figures<br />

for the calculation of default risk structure<br />

and were already used during the previous financial<br />

year.


Where these models demonstrated reductions in<br />

value that were likely to be permanent, the Bank<br />

posted write-downs of the corresponding magnitude.<br />

The DCF model was not applied in these<br />

cases.<br />

·· SPECIAL CHARACTERISTICS OF THE<br />

VALUATION OF TOTAL RETURN SWAPS ON US<br />

MUNICIPALS<br />

A key influencing factor with regard to the valuation<br />

of <strong>Deutsche</strong> <strong>Hypo</strong>’s TRS are the prices of the<br />

underlying US municipals. These underlying stocks<br />

are bonds subject to preferential tax treatment<br />

and issued by US local authorities or federal states<br />

with first-class ratings.<br />

The low level of trading activity in terms of relevant<br />

volumes meant that the municipals markets<br />

were classed as not active. The assumption that<br />

these markets are no longer functioning properly<br />

is also backed up by the major price jumps that<br />

have been recorded and the strong deviation of<br />

listed prices from theoretically fair price levels.<br />

Correspondingly, the DCF model described above<br />

was used to value the securities, extended to<br />

include a further parameter to take account of the<br />

favourable tax status enjoyed by municipals. In<br />

accordance with the result from time series analysis<br />

prior to the financial market crisis, a de facto<br />

yield below the swap curve was assumed for the<br />

tax-favoured municipals. The cancellation rights<br />

included in some of these securities were duly<br />

incorporated into the model price on the basis of<br />

standard option price models. For reasons of caution,<br />

the model values were further reduced by a<br />

model reserve of around 7 % on average. The<br />

model value for the US municipals was then<br />

applied in the place of a stock market or market<br />

price in the TRS valuation model.<br />

The changes in value of the TRS are not recordable<br />

in profit and loss according to commercial law,<br />

since we were unable to establish signs of any<br />

likely long-term impairment. The results of the<br />

model valuation are therefore only mentioned in<br />

the Notes in relation to the fair values of the TRS.<br />

·· VALUATION OF CDS<br />

··· MANAGEMENT REPORT ···<br />

<strong>Deutsche</strong> <strong>Hypo</strong> is the provider of security in CDS<br />

contracts on European states and a US federal<br />

state. The states involved have ratings of AA or<br />

higher.<br />

It was not possible to calculate relevant trading at<br />

the listed CDS spreads of these countries. At the<br />

same time, major deviations were recorded<br />

between the theoretically fair price levels and the<br />

listed spreads.<br />

For this reason, <strong>Deutsche</strong> <strong>Hypo</strong> calculated these<br />

valuations using a DCF model.<br />

The process used is based on a Nomura Securities<br />

International method and is also referred to as the<br />

“hazard rate model”.<br />

The model takes account of the expected cash<br />

flow from the CDS using default rates/probabilities<br />

of survival and loss rates in the event of a default<br />

(loss given default, LGD). The default rates are<br />

based on the underlying’s current rating. Additionally,<br />

an iterative process was used to reduce the<br />

difference for non-EU underlyings between the<br />

··· 43 ···


··· 44 ···<br />

publicly listed CDS spreads (from illiquid markets)<br />

and the model CDS spread based on the rating of<br />

the underlying, with the result that the model<br />

value and listed value tend to converge.<br />

The changes in value of the CDS are not recordable<br />

in profit and loss according to commercial<br />

law, since we were unable to establish signs of a<br />

likely long-term impairment. The results of the<br />

model valuation are therefore only mentioned in<br />

the Notes in relation to the fair values of the CDS.<br />

·· BASIC PRINCIPLES OF RISK CONTROL AND<br />

RISK MANAGEMENT<br />

The business operations of <strong>Deutsche</strong> <strong>Hypo</strong> necessarily<br />

involve the assumption of risks. The term<br />

“risk” involves the possibility of financial loss that<br />

may occur due to (unexpected) differences<br />

between how business is expected to develop<br />

and what actually happens in practice.<br />

The legal framework is based on Section 25a of<br />

the German Banking Act (KWG) and has been put<br />

into practical effect by BaFin through its Minimum<br />

Requirements in relation to Risk Management<br />

(MaRisk).<br />

According to these requirements, the main elements<br />

of a proper system of risk management are<br />

the establishment of a business strategy and risk<br />

strategy, as well as implementation of a system to<br />

determine and safeguard the Bank’s capacity to<br />

assume risk, comprising both the risks and the<br />

capital required to cover these.<br />

·· RISK STRATEGY<br />

The risk strategy is based on the business strategy,<br />

and incorporates statements on the principles<br />

of the Bank's policy on risk, organisation of the<br />

risk control process and sub-strategies on the significant<br />

types of risk that are specific to the Bank.<br />

It therefore forms the basis for the Bank’s risk<br />

management system. <strong>Deutsche</strong> <strong>Hypo</strong>’s risk policy<br />

remains aligned towards low-risk business activity.<br />

In particular, this reflects the status of <strong>Deutsche</strong><br />

<strong>Hypo</strong> as a Pfandbrief bank as defined in Section 1<br />

of the Pfandbrief Act.<br />

The risk strategy, which must be revised each<br />

year, was adjusted during the financial year under<br />

review. The emphasis in this respect was on<br />

adjusting the procedures for assessing and measuring<br />

the Bank’s risk-bearing capacity. According<br />

to the provisions of the Minimum Requirements in<br />

relation to Risk Management (MaRisk), the Bank<br />

must ensure that the material risks facing the<br />

credit institution are covered by the risk cover<br />

potential and that the Bank is therefore capable of<br />

bearing risk (cf. MaRisk item AT 4.1.1). The riskbearing<br />

capacity concept of <strong>Deutsche</strong> <strong>Hypo</strong> differed<br />

in certain aspects from the model applied by<br />

NORD/LB. In the interests of ensuring risk-bearing<br />

capacity is measured consistently across the<br />

NORD/LB Group, <strong>Deutsche</strong> <strong>Hypo</strong> has therefore<br />

adopted the concept used by NORD/LB. The<br />

Board of Managing Directors of <strong>Deutsche</strong> <strong>Hypo</strong><br />

agreed the corresponding adjustment to the risk<br />

strategy in September <strong>2008</strong>. The Supervisory<br />

Board was informed of the new risk strategy at its<br />

meeting in September <strong>2008</strong>, during which it also


discussed the changes. While retaining the basic<br />

principle of risk-bearing capacity, i.e. that the risks<br />

must be covered by the existing risk capital, which<br />

basically corresponds to the Bank’s equity capital,<br />

various different methods have been adjusted<br />

according to the needs of the Group. These included<br />

the procedures and parameters used in measuring<br />

risk, as well as assertions applied in the measurement<br />

of the risk capital.<br />

Moreover, alongside the purely risk-bearing capac-<br />

ity model required for banking supervisory purposes<br />

according to MaRisk, three additional risk scenarios<br />

have been established with various degrees of<br />

probability of occurring, in accordance with the<br />

Internal Capital Adequacy Assessment Process<br />

(ICAAP).<br />

·· RISK-BEARING CAPACITY MODEL<br />

The risk-bearing capacity model (RBC model) is<br />

the tool used to monitor the risk strategy of<br />

<strong>Deutsche</strong> <strong>Hypo</strong>.<br />

The objective of the RBC model is to produce a<br />

summary of the risk-bearing capacity at institutional<br />

level. Alongside the regular monitoring and<br />

reporting process that provides the Bank’s corporate<br />

bodies with information, the model serves to<br />

further improve the company’s risk control.<br />

The RBC model compares the risks (“risk potential”)<br />

with the risk capital of the Bank. To calculate<br />

the risk potential, the model differentiates<br />

between the different types of risk-credit risk,<br />

equity-investment risk, market price risk, liquidity<br />

risk and operational risk. Credit risk assumes by<br />

··· MANAGEMENT REPORT ···<br />

far the greatest importance. The risk capital and<br />

risk potential quotients, and the degree of risk coverage<br />

serve as the measure of risk-bearing capacity.<br />

The risk capital and risk potential are calculated<br />

using a model for three different risk scenarios. In<br />

addition, the capital allocation is shown in total for<br />

the named risk types. The model incorporates four<br />

levels: case ‘A’, case ‘B’, case ‘C’ and the ICAAP<br />

case.<br />

The first three levels are based on the assumption<br />

that risk capital and risk potential grow from one<br />

level to the next. The volatility of the risk potential<br />

decreases with each level. In the fourth level, the<br />

model implements the regulatory requirements<br />

according to the Internal Capital Adequacy<br />

Process (ICAAP).<br />

MaRisk requires financial institutions to hold documentary<br />

evidence of their capital adequacy. In<br />

the ICAAP case, the RBC model relates directly to<br />

the regulatory capital.<br />

For <strong>Deutsche</strong> <strong>Hypo</strong>, as with the rest of the entire<br />

NORD/LB Group, the principle “risk capital >=<br />

125 % of the risk potential” applies. The 125 %<br />

ensures that the regulatory requirements are met<br />

while not leaving too much capital unused.<br />

The risk-bearing capacity is calculated at the end<br />

of each quarter and presented to the Board of<br />

Managing Directors and the Supervisory Board<br />

through the risk report, in accordance with<br />

MaRisk.<br />

··· 45 ···


··· 46 ···<br />

·· RISK CAPITAL<br />

The risk capital is determined differently for the<br />

various levels of the RBC model. This reflects the<br />

different perspectives and statements incorporated<br />

in each level.<br />

In the ICAAP case, which is largely based on the<br />

regulatory view of risk-bearing capacity, the equity<br />

that can be allocated according to the notification<br />

made in accordance with the German Solvency<br />

Ordinance (SolvV) is considered as risk capital.<br />

This reflects the idea that the ICAAP case must<br />

satisfy at least the statutory and therefore also the<br />

regulatory conditions.<br />

·· RISK CAPITAL ALLOCATION<br />

The distribution or allocation of the Bank’s risk capital<br />

to the individual risks is decided by the Board<br />

of Managing Directors of <strong>Deutsche</strong> <strong>Hypo</strong> on the<br />

basis of the principles identified in the risk strategy.<br />

In this process, the degree of coverage defined in<br />

the RBC model is upheld as a basic condition.<br />

Currently, <strong>Deutsche</strong> <strong>Hypo</strong> allocates a maximum<br />

percentage value of the risk capital to each of the<br />

five major risk types. Accordingly, a maximum of<br />

74 % of the risk capital may be used to cover credit<br />

risk, while a maximum of 10 % can be allocated to<br />

both market price risk and liquidity risk. A maximum<br />

of 5 % is available for operational risk, and<br />

finally a maximum of 1 % is attributable to equityinvestment<br />

risk.<br />

Risk-bearing capacity<br />

in € millions 31.12.<strong>2008</strong><br />

Risk capital<br />

Credit risks<br />

Equity investment risks<br />

Market price risks<br />

Liquidity risks<br />

Operational risks<br />

Total risk potential<br />

Surplus cover<br />

Degree of risk coverage<br />

918.1 100 %<br />

532.4 58 %<br />

0.1 0 %<br />

47.1 5 %<br />

39.9 4 %<br />

17.4 2 %<br />

636.9 69 %<br />

281.2 31 %<br />

144 %<br />

·· RISK-BEARING CAPACITY UNDER SPECIFIC<br />

STRESS SCENARIOS<br />

<strong>Deutsche</strong> <strong>Hypo</strong> also analyses its risk-bearing<br />

capacity in different stress scenarios.<br />

Variant 1<br />

In the first variant, stressed risk potential values<br />

are compared against a constant level of risk capital.<br />

As at 31 December <strong>2008</strong>, the stress risk-bearing<br />

capacity produced a good result of 123 %,<br />

which means that <strong>Deutsche</strong> <strong>Hypo</strong>’s risk-bearing<br />

capacity is also ensured assuming stress conditions.<br />

Stress - Risk-bearing capacity Version 1<br />

in € millions 31.12.<strong>2008</strong><br />

Risk capital<br />

918.1 100 %<br />

Credit risks<br />

635.0 69 %<br />

Equity investment risks<br />

0.1 0 %<br />

Market price risks<br />

47.1 5 %<br />

Liquidity risks<br />

39.9 4 %<br />

Operational risks<br />

23.2 3 %<br />

Total risk potential<br />

745.3 81 %<br />

Surplus cover<br />

172.8 19 %<br />

Degree of risk coverage<br />

123 %


Below is a brief overview of the stress scenarios<br />

for Variant 1 described above.<br />

Credit risk: Credit risk includes counterparty risk.<br />

This is stress-tested under the assumption that<br />

the entire portfolio is subject to a downgrade of<br />

one or two rating classes (according to the portfolio<br />

segments). This leads to the increased probability<br />

of loan defaults, which thus increase the counterparty<br />

default risk.<br />

Equity-investment risk: Due to its minor importance,<br />

equity-investment risk is not stress-tested.<br />

Market price risk: Various stress variants are considered<br />

for market price risk, and the variant that<br />

returns the worst result is then used for the purposes<br />

of risk-bearing capacity. The variants mainly<br />

comprise an increase in the market interest rate of<br />

0.6 percentage points across all maturity bands. In<br />

the actual analysis as at 31 December <strong>2008</strong>, the<br />

result of the stress tests demonstrated that the<br />

stress scenario produced a lower level of market<br />

price risk than that which was already accounted<br />

for in the regular assessment. The reason for this<br />

is that the market price risk is already considered<br />

at stressed levels in the regular analysis of riskbearing<br />

capacity. This has been applied since the<br />

back-testing on 3 December <strong>2008</strong> indicated that<br />

the loss occurring due to interest rate fluctuations<br />

had exceeded the forecast (“outliers”) for the fifth<br />

time within a period of 250 days. The minimum<br />

number of statistically permitted outliers is four.<br />

Since this test, an additional premium factor has<br />

been incorporated into the calculated VaR for reasons<br />

of security (the “amber phase”). This security<br />

premium has led to an increase of around 50 % in<br />

··· MANAGEMENT REPORT ···<br />

the market price risk, which is a higher increase<br />

than that which would have occurred on the basis<br />

of the regular stress scenario.<br />

Liquidity risk: The liquidity risk already represents<br />

a stress value in the context of the regular riskbearing<br />

capacity analysis, and is therefore applied<br />

unchanged.<br />

Operational risk: According to the Solvency Ordinance<br />

(SolvV), operational risk is represented by<br />

the basic indicator approach. This shows the operational<br />

risk to be around 15 % of the assessment<br />

basis. The assessment basis is essentially the<br />

Bank’s net interest and commission income. This<br />

percentage rate is increased to 20 % for the purposes<br />

of stress testing.<br />

A further variant in the analysis of risk-bearing<br />

capacity is the crucial case (case ‘C’). In the crucial<br />

case, a modified assessment of the risk-bearing<br />

capacity is assumed. This assessment answers<br />

the question, which risks can be covered by the<br />

so-called free equity. Free equity is the amount of<br />

capital by which equity exceeds the risk potential.<br />

The availability of this amount means that the<br />

Bank can cover even those risks that occur at<br />

short notice without jeopardising its risk-bearing<br />

capacity as required by MaRisk. The risk potentials<br />

for the crucial case are taken into account at a confidence<br />

level of 98 % for credit risk and operational<br />

risk. In terms of market risk, the stress scenario<br />

described in Variant 1 above is applied, and under<br />

liquidity risk an increase in refinancing costs of<br />

0.35 percentage points is assumed. In the Crucial<br />

case, too, the Bank has the requisite risk-bearing<br />

capacity; RBC as at 31 December <strong>2008</strong> was 133 %.<br />

··· 47 ···


··· 48 ···<br />

·· ORGANISATION OF RISK CONTROL AND<br />

RISK MANAGEMENT<br />

The Board of Managing Directors bears overall<br />

responsibility for setting up and monitoring the<br />

risk management system, and is also responsible<br />

for stipulating risk strategy as part of the Bank’s<br />

overall strategy. The risk profile, conditions for the<br />

risk-bearing capacity in association with the capital<br />

allocation and also the risk limits that the Board of<br />

Managing Directors agrees with the Supervisory<br />

Board are all derived from this strategy. These limits<br />

restrict the business opportunities and thus the<br />

risk that the Bank is willing to enter into. The<br />

Bank's overall risk position is the subject of regular<br />

monitoring. The maximum permitted extent of risk<br />

is determined by the risk-bearing capacity.<br />

The processes involved in risk control and risk<br />

management are constantly subject to revision<br />

and continued development. Any necessary<br />

adjustments include organisational measures,<br />

modifications to risk-quantification procedures<br />

and the ongoing process of updating the relevant<br />

parameters.<br />

The Supervisory Board is regularly briefed on the<br />

Bank’s overall risk situation.<br />

The individual risk types are measured and monitored<br />

in the Controlling and Credit Risk Controlling<br />

departments, which are independent of the operational<br />

departments.<br />

The Bank has a highly structured and detailed risk<br />

reporting system, which is subject to reporting<br />

cycles of between one day and three months,<br />

according to the risk type and report recipient. This<br />

reporting system ensures that the Board of Managing<br />

Directors retains a comprehensive overview<br />

of the current risk situation faced by the Bank, and<br />

enables it to react quickly, at all times and at short<br />

notice, to any negative developments.<br />

As a consequence of its inclusion in the NORD/LB<br />

Group, <strong>Deutsche</strong> <strong>Hypo</strong> is tightly integrated into<br />

Group frameworks and processes in relation to<br />

the concept, organisation and methodology of risk<br />

management. This uniformity of approach ensures<br />

that the Group is able to reliably assess and control<br />

its risk situation.<br />

·· PRINCIPLES OF BUSINESS POLICY<br />

Despite the basically low-risk direction of the business<br />

policy pursued by the Bank, there obviously<br />

remain risks that could potentially affect <strong>Deutsche</strong><br />

<strong>Hypo</strong>. Particularly in the past financial year, the<br />

financial crisis has generated tangible, extraordinary<br />

effects which, ultimately, have wiped out the<br />

year’s commercial success.<br />

A further significant objective of the strategic position<br />

adopted by <strong>Deutsche</strong> <strong>Hypo</strong>, therefore, is also<br />

to maintain a risk-oriented business policy. The<br />

aim of this policy is to only enter into risks that are<br />

transparent and calculable, with the intention of<br />

producing sustainable levels of income. A key<br />

aspect in this regard is risk-based pricing. By permanently<br />

monitoring and adapting risk measurement<br />

tools, prices can be set on an individual<br />

basis taking into account the risk potential inherent<br />

in the transaction. This avoids poor management<br />

decisions that could have a negative impact<br />

on the portfolio.


·· TYPES OF RISK<br />

The following risk types are relevant to the Bank's<br />

commercial operations:<br />

·· Counterparty and loan default risk<br />

·· Market price risk<br />

·· Liquidity risk<br />

·· Operational risk<br />

·· COUNTERPARTY RISK<br />

Generally, counterparty risk is the risk of a loss of<br />

value or of receivables not being paid due to our<br />

customers facing payment problems or failing to<br />

comply in full or in part with other contractual obligations.<br />

The risk of a customer’s credit standing<br />

deteriorating is also a form of counterparty risk.<br />

Counterparty risk can be broken down into credit<br />

risk in the narrow sense, performance risk and<br />

country risk.<br />

Credit risk in the narrow sense is a component of<br />

counterparty default risk, and identifies the risk of<br />

debtors defaulting or suffering a deterioration in<br />

their credit standing.<br />

The performance risk is a component of the counterparty<br />

risk. It identifies the risk that the default<br />

of the counterparty in an over-the-counter transaction<br />

could mean that that counterparty is no longer<br />

able to effect counter-performance.<br />

The country risk incorporates the risk that despite<br />

the capacity and willingness of an individual borrower<br />

to repay a debt, a loss is incurred due to<br />

overriding barriers introduced by the state.<br />

··· MANAGEMENT REPORT ···<br />

Credit risk in the narrow sense<br />

In view of the business activity of <strong>Deutsche</strong> <strong>Hypo</strong>,<br />

credit risk in the narrow sense, which largely<br />

embodies all disadvantages that occur as a consequence<br />

of a partial or complete inability of the customer<br />

to pay, represents the main risk to the<br />

Bank.<br />

Credit risk – Control and management<br />

The methods used to control and manage credit<br />

risk differ according to the business sector concerned.<br />

Below is an explanation of the various procedures<br />

in the two main fields of activity of<br />

<strong>Deutsche</strong> <strong>Hypo</strong>, i.e. real estate finance and capital<br />

market business.<br />

Real estate finance business<br />

Control and monitoring processes in the field of<br />

real estate finance are in place at the level of the<br />

individual finance and at the level of the overall<br />

loan portfolio.<br />

··· 49 ···


··· 50 ···<br />

Management at the level<br />

of the individual loan<br />

Preliminary assessment<br />

Even before a loan is actually approved, an important<br />

process takes place to control credit risk. During<br />

this initial assessment phase, a decision is<br />

made – independent of the parameters relating to<br />

the actual loan application – on whether the<br />

desired finance is basically representable against<br />

the background of the existing portfolio situation,<br />

any limits regarding specific sectors or countries,<br />

considerations relating to granularity and additional<br />

risk parameters. <strong>Deutsche</strong> <strong>Hypo</strong> has established<br />

standards that are taken into account as<br />

part of this preliminary assessment. These include<br />

ancillary conditions relating to specific types of<br />

property and countries, and in addition specific<br />

limits apply in respect of the maximum loan to<br />

value.<br />

During the past financial year, these standards<br />

have been tightened up in the form of Group-wide<br />

financing principles. Independent, more restrictive<br />

principles apply to finance in the USA.<br />

Credit approval procedure<br />

As part of the subsequent credit approval process,<br />

a risk assessment of the customer and a detailed<br />

valuation of the security are conducted for each<br />

loan. <strong>Deutsche</strong> <strong>Hypo</strong> assesses the creditworthiness<br />

of the customer on the basis of rating systems<br />

that determine the probability of the cus-<br />

tomer defaulting. The default probabilities are calculated<br />

on the basis of statistical analysis and historical<br />

defaults with regard to our portfolio.<br />

In-house surveyors value the real estate security<br />

and are involved in an advisory capacity in the<br />

decision-making process before submitting an<br />

expert report used as the basis for the final valuation.<br />

Responsibility for the loan decision varies according<br />

to the total commitment, the value of the individual<br />

loan and the rating applied to the borrower.<br />

Additionally, the rating and security valuation also<br />

have a key impact on the terms and conditions of<br />

the credit, which are set on an individual basis taking<br />

into account the risk inherent in the transaction.<br />

Handling problem loans<br />

A separate team of experts is in place to deal with<br />

problem loans; this team is not located within the<br />

operational business unit. If specific criteria are<br />

met and a loan is classed as a problem loan, there<br />

is a change in the level at which responsibility is<br />

held for that case. These criteria are defined in<br />

such a way that problems are detected long<br />

before payment problems arise, such that special<br />

preventive measures can be taken with the aim of<br />

introducing appropriate rescue measures in good<br />

time. The timely introduction of preventive measures<br />

by adoption of the commitment and the<br />

active handling of potential risks form a core element<br />

of this activity.


A distinction is therefore drawn between customers<br />

who are subject to intensive measures<br />

(out-of-court restructuring of the debt with the<br />

objective of combating risk and improving the<br />

security position) and counterparties who have<br />

defaulted (disposal of the security with the aim of<br />

achieving a speedy and profit-oriented resolution<br />

to avoid losses).<br />

The proportion of loans subject to intensive mea-<br />

sures – usually not yet involving a case of disrupted<br />

performance – is currently around 30 %.<br />

Management at portfolio level<br />

Management of the entire loan portfolio includes<br />

both analysis of the portfolio and targeted control<br />

measures in order to bring about structural<br />

improvements.<br />

A key component of portfolio analysis is the measurement<br />

of credit default risk. Important components<br />

in measuring credit default risk are the probability<br />

of default (PD) and the loss given default<br />

(LGD). The calculated values for counterparty<br />

default risk are expected loss and unexpected<br />

loss. Expected loss is calculated on the basis of<br />

the probability of default and the loss given<br />

default. The requisite risk costs can be determined<br />

and are collected through the margin earned on<br />

the business.<br />

The unexpected loss is calculated using a credit<br />

risk model. The calculation is based on the Gordy<br />

model, which is used to calculate capital adequacy<br />

··· MANAGEMENT REPORT ···<br />

in accordance with the Solvency Ordinance<br />

(SolvV). This Ordinance implements the provisions<br />

on capital adequacy imposed by the Basle-based<br />

Banking Committee (Basel II). The unexpected<br />

loss (unlike expected loss) cannot be economically<br />

secured by means of corresponding margin premiums<br />

in lending business. If realised, it would need<br />

to be covered by the Bank’s equity. Consequently,<br />

the unexpected loss is incorporated directly into<br />

the calculation and assessment of the Bank's riskbearing<br />

capacity. The calculation of credit default<br />

risk is, of course, also conceivable for individual<br />

portfolios. This type of analysis is also carried out,<br />

with the results being used as the basis for control<br />

measures where these are needed.<br />

In addition, the portfolio structure is reviewed on<br />

an ongoing basis against the background of further<br />

questions so that undesirable developments can<br />

be detected at an early stage and controlled. This<br />

includes, for example, the undesirable accumulation<br />

of risks. Stress-scenarios are also analysed.<br />

Further basic parameters that impact both on decision-making<br />

in individual cases and on the management<br />

of the entire portfolio are set by the limit<br />

system and traffic light model.<br />

··· 51 ···


··· 52 ···<br />

Limit system<br />

The aim of the limit system is to avoid any undesired<br />

accumulation of risks and the resulting disadvantages<br />

that this would bring. For this purpose, a<br />

highly tiered system has been developed that can<br />

be used to avoid the accumulation of risks in the<br />

main.<br />

Limits apply both to the individual granting of<br />

loans and also to groups of borrowers and riskbearers<br />

(e.g. tenants). Limits are also in place for<br />

individual types of finance. The share of these is<br />

not allowed to exceed specific proportions of the<br />

overall portfolio. Limits are also derived from the<br />

capital allocation carried out as part of the analysis<br />

of risk-bearing capacity, designed to restrict the<br />

risk content of the lending portfolio as a whole.<br />

Traffic light model<br />

The traffic light model is used to manage new<br />

business, implementing the Bank’s business and<br />

risk strategy with regard to new lending business.<br />

The traffic light model is regularly reviewed and<br />

adjusted by the management.<br />

The model classifies all types of financing into<br />

three categories based on sector and region. This<br />

classification is based on the respective risk level<br />

of the financing. Categorisation on the basis of<br />

the traffic light model means that, within the context<br />

of the credit decision-making process, the<br />

quality requirements may be raised for a particular<br />

financing.<br />

Portfolio monitoring<br />

For the timely and preventive analysis of credit<br />

and market rises, which arise from the rapidly<br />

changing conditions on various different markets<br />

and from the changing quality of customers and<br />

security, an early warning process was developed<br />

as an important element of portfolio monitoring<br />

with regard to the identification of negative portfolio<br />

developments on the basis of early warning<br />

criteria.<br />

Specific reasons for a clear increase in the credit<br />

risk include a deterioration in the customer’s rating,<br />

adjustment of the loan value or market value<br />

resulting in a higher loan term, a worsening market<br />

environment, breaches of contract and payment<br />

arrears as well as individual alarm signals<br />

that lead the Bank to expect a negative development<br />

in future (e.g. sharp fall in sales, risk of overindebtedness,<br />

sustained loss situation, high<br />

vacancy rates in a property, drastic overshooting<br />

of costs in the case of a project, financing gaps,<br />

construction project that has ground to a halt or<br />

been delayed, lack of sale progress).<br />

The volume of commitments that did not develop<br />

according to the original plan in place when the<br />

loan was awarded and that therefore required particular<br />

monitoring rose to € 410 million in <strong>2008</strong>,<br />

which represents approximately 4.5 % of the real<br />

estate finance portfolio.


Capital market business<br />

Business with the public sector and with banks is<br />

basically subject to the same processes and methods<br />

as those portrayed above with regard to real<br />

estate finance. The terms and conditions of securities<br />

and notes tend to be standardised to a large<br />

extent, with the result that the focus of risk management<br />

naturally lies less on individual transactions<br />

and more on management at the level of the<br />

portfolio.<br />

Risks in the segment of public-sector lending and<br />

transactions with derivative partners are generally<br />

controlled using a limit system. This encompasses<br />

both counterparty-related limits and sub-limits for<br />

individual countries. It is still the case that a minimum<br />

rating of A (or comparable internal rating) is<br />

required for all new business. The average rating<br />

for claims included in the cover pool is also<br />

unchanged, at AA.<br />

<strong>Deutsche</strong> <strong>Hypo</strong> only engages in derivative transactions<br />

with banking partners that have good ratings.<br />

Collateral agreements provide an additional<br />

form of security in this area. Such agreements are<br />

in place with 26 of our current 43 derivative partners.<br />

Of the total derivative volume, just under<br />

87 % is covered by collateral agreements. A collateral<br />

agreement obliges <strong>Deutsche</strong> <strong>Hypo</strong>/the derivative<br />

partner to provide each other with security<br />

taking into account the current value of the existing<br />

derivative transactions. To the extent that<br />

derivative portfolios with a partner have a positive<br />

net present value from <strong>Deutsche</strong> <strong>Hypo</strong>’s perspective,<br />

there is a potential counterparty default risk in<br />

relation to the derivative partner. However, this<br />

risk is eliminated by the provision of security. As at<br />

the <strong>2008</strong> year-end, security deposits from collateral<br />

partners totalled around € 326.5 million. Risks<br />

for bank partners with whom there are no collateral<br />

agreements are practically inexistent, as in such<br />

cases either it is <strong>Deutsche</strong> <strong>Hypo</strong> that must provide<br />

security or the business volume is not significant.<br />

It is <strong>Deutsche</strong> <strong>Hypo</strong>’s aim to enter into collateral<br />

agreements with all of its derivative partners as far<br />

as possible, so that potential residual risks can<br />

also be eliminated. No collateral agreement will be<br />

concluded with NORD/LB, in the latter’s capacity<br />

as the Group parent company.<br />

The counterparty default risk emanating from capital<br />

market business is of course taken into<br />

account with regard to risk-bearing capacity. Given<br />

the comparatively good ratings of the counterparties<br />

(despite the financial crisis), this business<br />

involves a lower level of risk than real estate<br />

finance business and only places a minor burden<br />

on risk-bearing capacity. Nevertheless, this portfolio<br />

is also subject to ongoing monitoring and<br />

actively managed in the case of changes to risk<br />

structure by, for example, selling positions that<br />

present an elevated risk.<br />

This system serves in the first instance to guarantee<br />

the consistently high quality of the cover pool<br />

for the Pfandbriefe in circulation.<br />

Cover portfolio<br />

··· MANAGEMENT REPORT ···<br />

As a Pfandbrief bank, <strong>Deutsche</strong> <strong>Hypo</strong> must adhere<br />

to a risk management system that has been<br />

specifically tailored to Pfandbrief business. This<br />

system involves the control of counterparty, mar-<br />

··· 53 ···


··· 54 ···<br />

ket price and liquidity risks at the level of the cover<br />

pools. The background to this is the guarantee that<br />

the only credit institutions permitted to issue<br />

Pfandbriefe are those that have appropriate rules<br />

and instruments in place to control, monitor and<br />

manage the risks posed to the cover assets and<br />

the Pfandbriefe issued on this basis.<br />

In addition to permanent adherence to the cover<br />

principle, and guaranteeing sufficient excess cover<br />

measured at net present value (Section 4, paragraph<br />

2 of the Pfandbrief Act), the Bank regularly<br />

analyses the quality of the credit claims serving as<br />

cover assets. This involves analysing ratings and<br />

cash flow structure, and ongoing monitoring of<br />

the value of the real estate security serving as<br />

collateral.<br />

The aim is to achieve high quality standards with<br />

regard to the cover assets of the public Pfandbriefe<br />

and the high security quality of the properties<br />

serving as security in mortgage business. The<br />

fact that the rating agencies award our Pfandbriefe<br />

the highest ratings and the related positive impact<br />

of these ratings, coupled with the good refinancing<br />

basis, secure the Bank's long-term value and<br />

earning power.<br />

In addition to internal measures, our Pfandbriefe<br />

and the related cover assets are permanently<br />

monitored by the rating agencies on the basis of<br />

the detailed information submitted to them on a<br />

regular basis.<br />

Reference should also be made to the extended<br />

information obligations under the transparency<br />

rules of Section 28 of the Pfandbrief Act, with<br />

regard to which we disclose information on our<br />

website on a regular basis and have also disclosed<br />

information in the Notes for the <strong>2008</strong> financial year.<br />

Equity-investment risk<br />

A further component of credit risk in the narrow<br />

sense (counterparty default risk) is equity-investment<br />

risk. This type of risk covers the damages/<br />

losses that would arise were the value of investments<br />

that the Bank holds in other companies to<br />

develop in a negative way.<br />

In terms of the implementation of its business<br />

activities, <strong>Deutsche</strong> <strong>Hypo</strong> is largely independent<br />

of its investments/affiliated companies. The book<br />

value of the investment portfolio reported on the<br />

balance sheet is substantially less than € 1 million.<br />

With this in mind, equity-investment risk is only of<br />

minor significance to <strong>Deutsche</strong> <strong>Hypo</strong>.<br />

Equity-investment risk –<br />

Strategy, management and monitoring<br />

In terms of its business strategy, <strong>Deutsche</strong> <strong>Hypo</strong><br />

is not generally interested in originating income<br />

from the taking up of equity investments. Where<br />

such investments are entered into, they are used<br />

merely to support the bank’s actual commercial<br />

objectives in mortgage and capital market business.<br />

Equity-investment risks are taken into account as<br />

part of the analysis of risk-bearing capacity. There<br />

is a limit in place with regard to the size of equityinvestment<br />

risk, which must not exceed 1 % of<br />

the risk capital.


The Bank’s wholly-owned subsidiaries are subject<br />

to ongoing monitoring on the basis of the interim<br />

and annual accounts. Additionally, representatives<br />

of <strong>Deutsche</strong> <strong>Hypo</strong> assume managerial functions in<br />

these companies.<br />

The less important equity investments are also<br />

monitored on the basis of their accounting figures.<br />

Appropriate measures are taken where necessary<br />

if problems emerge, in cooperation with the other<br />

shareholders.<br />

Material events are reported directly to the Board<br />

of Managing Directors.<br />

Equity-investment risk – Outlook<br />

It is <strong>Deutsche</strong> <strong>Hypo</strong>'s basic intention not to enter<br />

into further equity investments. The Bank’s stake<br />

in RMS Risk Management Solutions GmbH,<br />

Cologne, is to be given up in the medium term<br />

with due adherence to the contractually agreed<br />

periods. The company in question developed the<br />

rating system used by the Bank for real estate<br />

customers. Now that the equivalent rating system<br />

of NORD/LB has been introduced at <strong>Deutsche</strong><br />

<strong>Hypo</strong>, this investment is no longer significant.<br />

Performance risk<br />

Performance risks arise in conjunction with the<br />

settlement of over-the-counter transactions, with<br />

regard to which performance and counter-performance<br />

take place at different times. To the extent<br />

that <strong>Deutsche</strong> <strong>Hypo</strong> has effected its performance,<br />

there is the risk that the counterparty does not<br />

effect its counter-performance.<br />

This risk is practically inexistent with regard to<br />

<strong>Deutsche</strong> <strong>Hypo</strong>'s business operations. There has<br />

been no single case of a loss that can be assigned<br />

to this risk category at any time over the past ten<br />

years.<br />

Limits are in place with regard to capital market<br />

and refinancing business. With regard to real<br />

estate finance, notaries are used where necessary<br />

to secure the Bank’s position. Insurance<br />

cover is also in place in relation to cases that could<br />

cause damage to the Bank’s reputation.<br />

Sovereign risk<br />

··· MANAGEMENT REPORT ···<br />

The risk of losses for <strong>Deutsche</strong> <strong>Hypo</strong> arising from<br />

an unstable political, economic or social situation<br />

in another state is a possible risk both in real<br />

estate finance and in capital market business.<br />

The risk associated with foreign real estate<br />

finance business is countered in that, prior to<br />

entering a new market, <strong>Deutsche</strong> <strong>Hypo</strong> is very<br />

careful to review sovereign risk within the context<br />

of the regulatory process in place for new products.<br />

Consideration is given to all economic, political,<br />

social and in particular legal aspects. In addition<br />

to taking stock of the current situation, the<br />

stability of the system and any potential threats<br />

are also considered. Only if this analysis provides<br />

a positive result (alongside other checks), can business<br />

be commenced in the new country.<br />

The risk in capital market business is restricted in<br />

the form of company limits, set on the basis of a<br />

country's rating. The minimum permitted rating is A.<br />

··· 55 ···


··· 56 ···<br />

·· MARKET PRICE RISK<br />

Market price risks are the potential losses that<br />

could result from changes in market parameters.<br />

These comprise fluctuations in market prices and<br />

rates, leading to changes in the valuation of financial<br />

instruments, and therefore basically leading to<br />

a profit or loss. As a lending institution, <strong>Deutsche</strong><br />

<strong>Hypo</strong> is exposed to this risk since a large proportion<br />

of its business is dependent on market prices<br />

and rates.<br />

In terms of market risks, <strong>Deutsche</strong> <strong>Hypo</strong> makes a<br />

distinction between interest rate risk and currency<br />

risk.<br />

Interest rate risks exist when the value of a position<br />

is dependent on changes in one or more interest<br />

rates, or on changes along entire yield curves.<br />

This dependency may lead to a reduction in the<br />

value of the position, since the value calculation<br />

will be directly affected by the underlying interest<br />

rates or yield curves. For example, interest rate<br />

hikes generally produce price losses and therefore<br />

reduce the value of fixed-income securities.<br />

Credit spread risk is a component of interest rate<br />

risk. It comprises those risks that arise from<br />

changes in credit spreads. Credit spreads are<br />

mark-ups on the risk-free rate of interest. Their<br />

amount depends mainly on the creditworthiness<br />

and rating of the issuer. Credit spreads for securities<br />

from well-rated issuers are lower than those<br />

from issuers with a lower rating. As a result, the<br />

prices of papers from good quality issuers are<br />

higher than the prices for papers from lower-quality<br />

issuers. Changes in the creditworthiness of an<br />

issuer therefore have a direct influence on the<br />

valuation of that issuer's securities.<br />

Currency risks (or foreign exchange risks) occur<br />

when the value of a position or a portfolio reacts<br />

to changes in one or more foreign currency exchange<br />

rates. The change in the exchange rates<br />

may cause the value of the position to fall.<br />

Currency risk<br />

<strong>Deutsche</strong> <strong>Hypo</strong> largely offsets currency risks by<br />

means of appropriate hedging transactions. These<br />

transactions practically eliminate currency risk in<br />

the capital business as well as currency risk relating<br />

to ongoing interest payments. The transactions are<br />

mostly conducted on a case-by-case basis (a<br />

method known as micro hedging). As a consequence<br />

of the significant increase in foreignexchange<br />

business over the past years, <strong>Deutsche</strong><br />

<strong>Hypo</strong> will shortly commence a project to improve<br />

risk measurement and control in relation to currency<br />

risk, in order to further improve the effectiveness of<br />

these hedging measures.


Market price risk<br />

Market price risk – Control<br />

Strategy<br />

Interest rate risks occur when the maturities of<br />

the items on the assets side of the balance sheet<br />

are not refinanced congruently (i.e. they do not all<br />

have the same maturity structure). This provides<br />

potential for additional income opportunities,<br />

although this is also associated with the assumption<br />

of interest rate risks.<br />

It is the basic objective of <strong>Deutsche</strong> <strong>Hypo</strong> to consciously<br />

assume interest rate risks through maturity<br />

transformation and to participate in the general<br />

developments of the market within the framework<br />

of the risk limits. However, <strong>Deutsche</strong> <strong>Hypo</strong> is a<br />

non-trading-book institution operating within the<br />

context of a buy and hold strategy. Consequently,<br />

activities in the capital market business are medium<br />

to long-term in nature and are not aimed at<br />

exploiting short-term fluctuations in market price.<br />

<strong>Deutsche</strong> <strong>Hypo</strong> views the interest rate risk as a<br />

core element of the market price risk. Therefore,<br />

management of the interest rate risk is a central<br />

function of the Bank with regard to control and<br />

profit. Due to this major importance, <strong>Deutsche</strong><br />

<strong>Hypo</strong> has put in place a comprehensive infrastructure<br />

to assure active interest rate risk management.<br />

Organisational units<br />

··· MANAGEMENT REPORT ···<br />

The task of controlling market risk lies with the<br />

Treasury and Controlling departments.<br />

The task of operational management lies with the<br />

Treasury department, which makes decisions and<br />

plans on the basis of the parameters stipulated by<br />

the full Board and with due adherence to the risk<br />

limits on business activities in the area of capital<br />

market business and refinancing.<br />

The Controlling department calculates the existing<br />

market risk position on a daily basis and provides<br />

the Treasury department with the relevant data. It<br />

also assumes a control function with regard to the<br />

monitoring of market risks and reporting. Additionally,<br />

the Controlling department is involved in the<br />

ongoing adjustment and fine-tuning of the<br />

processes and tools used for market risk controlling.<br />

As a back-office department, the Controlling<br />

department is functionally and organisationally<br />

independent of the Treasury department in accordance<br />

with the rules of MaRisk.<br />

In addition to the departments directly involved in<br />

managing market risk, the Planning Committee,<br />

which operates on a Group-wide basis, sets the<br />

strategic planning targets on the basis of the current<br />

risk position.<br />

··· 57 ···


··· 58 ···<br />

Market price – Management and<br />

monitoring<br />

The following processes continue to be used:<br />

·· Basis-point-value method (100 bp)<br />

·· Value-at-Risk method<br />

·· Scenario analysis<br />

The basis-point-value method simulates an interest<br />

rate rise of 100 bp by means of a parallel shift<br />

in the yield curve. The resulting changes in the net<br />

present values of all balance sheet and also offbalance<br />

sheet positions indicate the level of interest<br />

rate risk. In terms of probability of occurrence,<br />

this scenario (which is typically applied in the sector)<br />

can be classed as very unlikely.<br />

Based on this scenario, limits are in place with<br />

regard to market risk. These must not be exceeded.<br />

They are set taking into account the risk-bearing<br />

capacity of the Bank as a whole. In such a way,<br />

even if the limits were to be used to the full, the<br />

risk-bearing capacity of <strong>Deutsche</strong> <strong>Hypo</strong> would still<br />

be in place.<br />

If these limits are exceeded, counter-measures<br />

are immediately introduced to ensure that the risk<br />

falls below the limit again (e.g. selling positions or<br />

entering into counter-trades). The counter-measures<br />

must be concluded within 24 hours so as to<br />

ensure that the market risk is within the limits<br />

again by the time of the next (daily) reporting<br />

deadline.<br />

The Value-at-Risk method is the second method<br />

used to manage market risk. The VaR is calculated<br />

using historical simulations, which enable the<br />

actual interest rate risk to be estimated. A confidence<br />

level of 99 % and a holding period of 10<br />

days are applied. The VaR calculated in this way is<br />

the maximum potential loss that would not be<br />

exceeded with a confidence level of 99 % and a<br />

holding period of 10 days.<br />

The analysis is based on historical changes to risk<br />

factors over the previous twelve months. Correlation<br />

effects between different parameters are also<br />

considered.<br />

Market price risk – Reporting<br />

Market price risk is monitored on an ongoing basis<br />

with the responsible member of the Board of Managing<br />

Directors receiving a daily report. Moreover,<br />

weekly meetings of the full Board of Managing<br />

Directors consider a detailed breakdown of the<br />

Bank’s market risk position. If required, these meetings<br />

may adopt changes to the Bank’s positioning.<br />

Irrespective of the cyclical reporting, there is also<br />

naturally a system of ad hoc information, which is<br />

applied in the case of significant events.<br />

Market price risk –<br />

Developments in <strong>2008</strong><br />

As at 31 December <strong>2008</strong> the Value-at-Risk was<br />

€ 8.48 million (previous year: € 5.1 million). The<br />

maximum value was € 9.5 million (previous year:<br />

€ 6.4 million), with the minimum value being € 2.2<br />

million (previous year: € 1.4 million). For the year as<br />

a whole, the average was € 4.8 million (previous<br />

year: € 3.4 million).


VaR <strong>2008</strong> Holding period 10 days, confidence interval 99 %<br />

Maximum Average Minimum<br />

The forecasts from the VaR models are subsequently<br />

subjected to backtesting.<br />

This involves a comparison of the actual changes<br />

in the value of the portfolio with the results forecast<br />

by the VaR model. The comparison has confirmed<br />

that the forecast values are actually<br />

observed in reality, as shown by the following<br />

chart:<br />

The forecast Value-at-Risk values are shown in the<br />

green area below the X axis; the daily fluctuations<br />

in value that actually occurred in practice – with<br />

the exception of the outliers – do not fall below<br />

the forecast values. A back-testing outlier occurs<br />

when the observed negative change in value<br />

exceeds the VaR. The frequency with which outliers<br />

occur can also be derived using statistical<br />

··· MANAGEMENT REPORT ···<br />

methods. The maximum number of statistically<br />

permitted outliers is four. On 3 December <strong>2008</strong>,<br />

the loss that occurred due to interest rate fluctuations<br />

exceeded the forecast value (i.e. was designated<br />

as an outlier) for the fifth time within a<br />

period of 250 days. Moreover, the interest rate<br />

fluctuations in the market demonstrated a higher<br />

level of volatility than had been assumed in the<br />

forecast models. Since this test, an additional premium<br />

factor has been incorporated into the calculated<br />

VaR for reasons of security (the “amber<br />

phase”). Consequently, the VaR jumped significantly<br />

in December <strong>2008</strong>, as clearly demonstrated<br />

by the chart above. We will continue to add the<br />

premium factor to the VaR calculation until the relative<br />

frequency of outliers over a historical period<br />

of 250 days drops back below five.<br />

··· 59 ···


··· 60 ···<br />

VaR (green phase) VaR (amber phase) Daily fluctuation Outliers<br />

The development of the corresponding values<br />

according to the basis-point-value method was as<br />

follows during <strong>2008</strong>:<br />

Average linear interest rate risk: € 6.7 million (previous<br />

year: € 10.2 million). Maximum value: € 17.6<br />

million (previous year: € 25.0 million) and minimum<br />

value: € 1.3 million (previous year: € 2.8 million).<br />

These analyses, too, clearly indicate the reticence<br />

of <strong>Deutsche</strong> <strong>Hypo</strong> in relation to market risks.<br />

Alongside the fundamentally risk-averse strategic<br />

orientation of the company, the market situation<br />

as a result of the relatively flattened yield curve<br />

offered very few business opportunities for maturity<br />

transformation. Over the second half of the<br />

year, the financial crisis and the interest rate policy<br />

of the European Central Bank and the Bundesbank<br />

provoked broader fluctuations and increased<br />

volatility. Exploitation of this volatility would have<br />

required a fundamentally short-term oriented posi-<br />

tioning, however, which is not suited to <strong>Deutsche</strong><br />

<strong>Hypo</strong> in its capacity as a non-trading-book institution.<br />

Credit spread risk<br />

The credit spread risk is that portion of the market<br />

price risk that results from changes in the interest<br />

rate mark-up applicable to the corresponding<br />

issuers (in the case of securities) or reference borrower<br />

(in the case of credit derivatives) and that is<br />

added to the risk-free interest rate in the market<br />

valuation of the position. The credit spread is the<br />

difference between the yield curve of a security<br />

and the currency-specific risk-free swap curve.<br />

Factors that influence credit spreads include the<br />

credit standing of the issuer and also (to a greater<br />

extent) the general state of the market, particularly<br />

the supply and demand situation.


Credit spread risk – Control<br />

Strategy<br />

Credit spreads widened significantly as a consequence<br />

of the financial crisis. This has prompted<br />

<strong>Deutsche</strong> <strong>Hypo</strong> to place its credit spread risk<br />

under more intense scrutiny. The methods used to<br />

measure and control the credit spread risk have<br />

been revised and refined, and the previous<br />

method of scenario analyses has been replaced by<br />

a Value-at-Risk procedure. This evaluates historical<br />

credit spread fluctuations and calculates the maximum<br />

loss given a holding period of one month at<br />

a confidence level of 99 %. The effects on various<br />

portfolios are analysed and the results assessed<br />

according to the principles of different accounting<br />

standards (H<strong>GB</strong> and IFRS).<br />

In terms of Group reporting, the analysis methodology<br />

used throughout the Group is applied. This is<br />

a refined scenario analysis model. The findings of<br />

these evaluations are incorporated into the weekly<br />

analysis that is aggregated at Group level.<br />

Organisational units<br />

The Treasury and Controlling departments are<br />

involved in the process of controlling credit spread risk.<br />

Controlling draws up the credit spread risk reports<br />

and also assumes a controlling function with<br />

regard to the monitoring of and reporting on credit<br />

spread risks. The Controlling department is also<br />

responsible for further developing internal<br />

processes and, where applicable, introducing new<br />

processes to measure, limit and monitor credit<br />

spread risks.<br />

··· MANAGEMENT REPORT ···<br />

Operational management of credit spread risks is<br />

the responsibility of the Treasury department.<br />

Moreover, the department also supports the further<br />

development of internal procedures relating<br />

to the measurement of credit spread risks.<br />

Credit spread risk – Management,<br />

measurement and reporting<br />

As part of the internal VaR procedure, the value at<br />

risk of all third-party securities and credit derivatives<br />

is assessed weekly at a confidence level of<br />

99 %, assuming a holding period of one month.<br />

Fluctuations in the credit spread are evaluated on<br />

the basis of historical simulation. The volatilities<br />

calculated in this way are then used as assumptions<br />

for future credit spread changes.<br />

The calculated VaR figures are analysed within the<br />

reporting system in respect of their effects under<br />

both the H<strong>GB</strong> and the IFRS accounting standards.<br />

In respect of the Group reporting system, credit<br />

spread risks are calculated and analysed using the<br />

following scenarios: the normal scenario includes<br />

a percentage-terms increase on the current<br />

spreads for all positions, in order to calculated a<br />

basis value. The stress scenario, however, incorporates<br />

a 35 % shift on the initial spreads for individual<br />

transactions.<br />

The risk values calculated from these scenarios<br />

are reported internally to NORD/LB in a weekly<br />

cycle.<br />

Limits restrict the potential risks from the negative<br />

development of credit spreads.<br />

··· 61 ···


··· 62 ···<br />

·· LIQUIDITY RISK<br />

Liquidity risks are generally those risks that can<br />

arise from disruption to the liquidity of individual<br />

market segments, unexpected results in lending<br />

business or a deterioration in <strong>Deutsche</strong> <strong>Hypo</strong>’s<br />

own refinancing conditions. The Bank makes a distinction<br />

between classic liquidity risk and refinancing<br />

risk.<br />

Classic liquidity risk<br />

Classic liquidity risk is the risk that <strong>Deutsche</strong> <strong>Hypo</strong><br />

might not be able to meet its payment obligations<br />

on time or to a sufficient degree. This risk rises in<br />

particular if the money markets in general or in<br />

individual segments are disrupted with the result<br />

that insufficient liquidity is made available. Additionally,<br />

unexpected credit events (e.g. a downgrading<br />

of <strong>Deutsche</strong> <strong>Hypo</strong>’s rating or of the rating<br />

of the parent company) could result in liquidity<br />

shortages. The focus in this area of risk is always<br />

on the next few months, up to the next year.<br />

Refinancing risk<br />

Refinancing risk is understood as the potential<br />

loss of income that could occur in future from a<br />

deterioration in the refinancing conditions available<br />

to <strong>Deutsche</strong> <strong>Hypo</strong> on the money and capital<br />

market. A rise in refinancing costs can be triggered<br />

by such factors as a general banking crisis,<br />

a change in how the Bank’s credit standing is perceived<br />

by other market participants or a credit<br />

event. The focus with regard to this type of risks<br />

lies on the entire spectrum of maturities. Refinancing<br />

risks are limited in accordance with riskbearing<br />

capacity.<br />

Liquidity risk – Control<br />

Strategy<br />

Guaranteeing liquidity at all times is a strictly<br />

adhered-to condition as <strong>Deutsche</strong> <strong>Hypo</strong> works to<br />

attain its corporate objectives. Sufficient liquid<br />

assets (particularly security eligible for refinancing<br />

with central banks) are held to avoid classic liquidity<br />

risk, but the possibility of issuing covered<br />

issues also plays a subordinate role. Classic liquidity<br />

risk is restricted by means of risk limits. One of<br />

the main factors used to set these limits is ensuring<br />

sufficient liquidity. The risk limits provide the<br />

market sectors with the framework within which<br />

they can work to achieve their targets. In terms of<br />

refinancing risk, the Bank engages in structural liquidity<br />

transformation, i.e. the refinancing of assets<br />

without matched maturities. The refinancing risk is<br />

managed using implicit cash limits, derived from<br />

the risk-bearing capacity model.<br />

The Bank has also installed a multi-level liquidity<br />

escalation procedure, which regulates the Bank’s<br />

response in crisis situations.


Organisational units<br />

The Treasury, Controlling and Reporting departments<br />

are involved in the process of liquidity risk<br />

management.<br />

The task of operational management lies with the<br />

Treasury department, which is responsible for<br />

compliance with risk limits and for fulfilment of<br />

the requirements of the Liquidity Ordinance. It is<br />

also involved in the further development of internal<br />

processes to measure liquidity risks.<br />

Controlling draws up the liquidity balance sheets<br />

and also assumes a controlling function with<br />

regard to the monitoring of liquidity risks and<br />

reporting. The department is also responsible for<br />

introducing and further developing internal<br />

processes to measure, limit and monitor liquidity<br />

risks. The Bank’s Controlling department also represents<br />

the Bank at Group level when dealing with<br />

issues relating to liquidity risks.<br />

The Reporting department calculates utilisation in<br />

accordance with the Liquidity Ordinance and submits<br />

its results to the Treasury department.<br />

Liquidity risk – Management<br />

Classic liquidity risk is examined and managed<br />

using two types of evaluation. In the first case,<br />

checks are carried out to determine how long the<br />

Bank’s liquidity would last before the need would<br />

arise to seek additional cover on the money or<br />

capital market. Additionally, the potential from<br />

issuing mortgage Pfandbriefe is examined as a<br />

··· MANAGEMENT REPORT ···<br />

preferred tool to procure liquidity. This approach is<br />

not limited. Classic liquidity risk is limited, however,<br />

using a dynamic stress testing scenario, which<br />

was introduced during <strong>2008</strong> to coincide with<br />

<strong>Deutsche</strong> <strong>Hypo</strong> becoming part of the NORD/LB<br />

Group. The scenario describes the most likely crisis<br />

situation given the current market environment.<br />

The evaluation is then based on the funding<br />

matrix and comprises a time horizon of one year<br />

on a daily basis. The risk limit ensures that, in the<br />

event of stress, there would be a liquidity surplus<br />

for at least three months. The refinancing risk is<br />

managed by implicit cash limits derived from the<br />

risk-bearing capacity calculation, where a share of<br />

the risk capital is allocated to liquidity risks. The<br />

approach used to control risk is currently based on<br />

the ICAAP-case described above.<br />

Liquidity risk – Measurement<br />

The calculation of refinancing risks is based on the<br />

funding matrix of the overall position and its breakdown<br />

into different maturities, which generally<br />

reflect the normal case, i.e. without taking into<br />

account particular stress cases. The quantification<br />

of liquidity risk as part of the Bank’s risk-bearing<br />

capacity concept is based on measures that would<br />

be needed to plug liquidity gaps. In this way, due<br />

account is taken of the Bank’s ability to meet a<br />

large portion of its future refinancing requirement<br />

from covered issues and thus at lower costs.<br />

The calculation of the dynamic stress scenario to<br />

model classic liquidity risk is based on liquidity<br />

outflows as would occur in a crisis. The assumptions<br />

include, for example, an increased drawing<br />

of credit commitments or utilisation of guaran-<br />

··· 63 ···


··· 64 ···<br />

tees, but instances of default due to borrowers<br />

becoming insolvent or expectations surrounding<br />

future funding on the money and capital markets<br />

also play a role. Additionally, freely available security<br />

eligible for refinancing with central banks also<br />

plays a key role in the modelling of classic liquidity<br />

risk. The stress scenario can be used to portray<br />

the effects of unexpected events on the Bank’s liquidity<br />

situation. This means that the Bank can look<br />

ahead when planning and be prepared for emergency<br />

situations.<br />

The coefficients pursuant to the Liquidity Ordinance<br />

are calculated on a daily basis and submitted<br />

to the Treasury department for the purposes of<br />

managing liquidity risk.<br />

Liquidity risk – Reporting<br />

As part of Group reporting, a daily report on classic<br />

liquidity risk is drawn up daily and also forwarded<br />

to the responsible managers of the Treasury and<br />

Controlling departments. As a further measure,<br />

detailed weekly reports on classic liquidity risk are<br />

provided within the context of Board meetings.<br />

The liquidity gaps used as the basis for the calculation<br />

of refinancing risk are reported on a weekly<br />

basis at the Board meetings. Within the Group,<br />

monthly reporting is also carried out in the form of<br />

the meetings of the Planning Committee. A quarterly<br />

report on refinancing risk is provided in the<br />

form of the report on risk-bearing capacity for the<br />

attention of the full Board of Managing Directors<br />

and the Supervisory Board. The Treasury is provided<br />

with a daily report in accordance with the Liquidity<br />

Ordinance. The Bank’s funding matrix is also presented<br />

and discussed in the Group on a monthly<br />

basis at the NORD/LB Planning Committee<br />

meetings.<br />

Liquidity risk –<br />

Developments in <strong>2008</strong><br />

The effects of the financial crisis were tangible<br />

throughout <strong>2008</strong> and intensified further with the<br />

collapse of the US bank Lehman Brothers. As a<br />

result, options for refinancing on the money and<br />

capital market were restricted and only available at<br />

comparatively high cost.<br />

Nevertheless, <strong>Deutsche</strong> <strong>Hypo</strong> succeeded in <strong>2008</strong><br />

in achieving sufficient access to the money and<br />

capital market, which guaranteed the Bank’s refinancing.<br />

This aside, various forward-looking measures<br />

designed to secure the Bank’s future liquidity<br />

were taken as part of liquidity risk management. A<br />

process was introduced, for example, using which<br />

the impact of credit decisions on the liquidity situation/risk<br />

limits can be represented.<br />

Following the collapse of Lehman Brothers, the<br />

Bank switched its internal liquidity escalation procedure<br />

to “amber” in September <strong>2008</strong>, with its<br />

traffic light model being set to “red” by October<br />

<strong>2008</strong>. Daily reporting to the Board of Managing<br />

Directors on classic liquidity risk followed. New<br />

business on the capital market was reduced and<br />

decisions on lending commitments were closely<br />

coupled to refinancing in particular and the liquidity<br />

situation in general. The risk limit for the dynamic<br />

stress test scenario was increased in October


<strong>2008</strong> from one month to three months as stipulated<br />

Group-wide. The calculation of total expected<br />

disbursements relating to irrevocable loan commitments<br />

from the market units was set up as a<br />

separate process and incorporated into the measurement<br />

of classic liquidity risk.<br />

The Group-wide dynamic stress test scenario<br />

showed a comfortable liquidity surplus for<br />

<strong>Deutsche</strong> <strong>Hypo</strong> as at 31 December <strong>2008</strong> of up to<br />

15 November 2009 inclusive (317 days) and thus a<br />

surplus that was well within the risk limit of 90<br />

days.<br />

31.12.<strong>2008</strong> 31.12.2007 Limit<br />

Dynamic stress test<br />

scenario 317 days *) 90 days<br />

*) No comparable figures exist as at 31.12.07<br />

The bank’s internal process for managing classic<br />

liquidity risk revealed that the liquidity of <strong>Deutsche</strong><br />

<strong>Hypo</strong>, without any additional procurement of<br />

funds on the money and capital markets, was<br />

secured for a future period of around half a year.<br />

The additional ability of <strong>Deutsche</strong> <strong>Hypo</strong> to issue<br />

covered mortgage Pfandbriefe means that the<br />

Bank would actually manage for a future period of<br />

around 11 months without additional unsecured<br />

funding.<br />

Despite consistently good ratings for covered<br />

issues (AAA for public Pfandbriefe from Standard<br />

& Poor’s/Aaa for public and mortgage Pfandbriefe<br />

from Moody’s Investor Service Ltd.) and improved<br />

long-term ratings for unsecured issues, up from<br />

A2 to Aa3 (Moody’s Investor Service Ltd.) as a<br />

result of the Bank’s integration into the NORD/LB<br />

Group, <strong>Deutsche</strong> <strong>Hypo</strong>’s refinancing costs have<br />

increased compared with the previous year as a<br />

result of the financial crisis. This applies to both<br />

unsecured and secured issues.<br />

The risk limits used to manage liquidity risks were<br />

complied with at all times over the past financial<br />

year, as were the terms of the risk strategy in the<br />

RBC model.<br />

The liquidity key figure pursuant to the Liquidity<br />

Ordinance over the course of the year was consistently<br />

above the minimum of 1.00 required by<br />

supervisory law. As at 31 December <strong>2008</strong>, the<br />

equivalent figure was 1.76 (31 December 2007:<br />

1.25).<br />

Liquidity risk – Outlook<br />

··· MANAGEMENT REPORT ···<br />

Managing liquidity risk is one of <strong>Deutsche</strong> <strong>Hypo</strong>’s<br />

central tasks. Using the available management<br />

tools, the Bank ensures that it is permanently in a<br />

position to meet its payment obligations on time<br />

and in full. The high quality of the Pfandbriefe and<br />

good ratings for unsecured issues help to ensure<br />

that the Bank can obtain refinancing at appropriate<br />

conditions on the market. <strong>Deutsche</strong> <strong>Hypo</strong> holds a<br />

large portfolio of freely available liquid securities<br />

that meet the criteria for securities eligible for refinancing<br />

with central banks and that are therefore<br />

suitable for repo and open-market transactions<br />

with the ECB.<br />

··· 65 ···


··· 66 ···<br />

In terms of the 2009 financial year, we expect the<br />

situation on the financial markets to remain tense,<br />

which will continue to make refinancing difficult.<br />

Thanks to the close coupling of credit commitments<br />

and refinancing, however, we do not<br />

expect any increase in liquidity risks.<br />

·· OPERATIONAL RISK<br />

Operational risk refers to the risk of losses being<br />

incurred due to the unsuitability or failure of internal<br />

process or systems, due to human error or<br />

inadequacy, or as a result of external events.<br />

The following types of risk are classed as operational<br />

risks:<br />

·· Product and customer-related risks<br />

·· Organisational and business process-related<br />

risks<br />

·· Legal risks<br />

<strong>Deutsche</strong> <strong>Hypo</strong>’s strategic aim in dealing with<br />

operational risk is basically to avoid this type of<br />

risk as far as possible. A sensible approach is<br />

applied in practice, however, in that the costs of<br />

protecting against operational risk should not<br />

exceed the level of expected damage.<br />

Management of operational risk<br />

Management of operational risks encompasses in<br />

the first instance an annual inventory of all risks<br />

(self-assessment). The individual departments use<br />

a prescribed list to analyse all relevant/potential<br />

risks and to assess these in terms of their significance<br />

to the department. Information such as the<br />

potential amount of the damage, probability of<br />

occurrence and measures to be taken in the event<br />

of damage occurring can be used to classify the<br />

resulting risk potential. Ongoing analysis of this<br />

list of risks as part of the quarterly meetings of the<br />

operational risk committee leads in turn to ongoing<br />

monitoring and improvement of the measures<br />

in place to protect against operational risks.<br />

The list of measures includes contingency planning,<br />

which is being permanently adjusted and<br />

improved in line with changes to business<br />

processes. In the event that Head Office can no<br />

longer be used, for example, operations can be<br />

continued on a contingency basis with the necessary<br />

infrastructure and IT back-up from an alternative<br />

location.<br />

Risks with regard to personnel are countered by<br />

means of regular analysis of requirements and<br />

available capacity. Moreover, <strong>Deutsche</strong> <strong>Hypo</strong> pays<br />

particular attention to the skills and training of its<br />

employees. Employees have the opportunity to<br />

engage in continuing professional development in<br />

a wide range of areas. Very intensive efforts are<br />

made, for example, with regard to foreign language<br />

courses.<br />

Permanent monitoring and adjustment of all of the<br />

organisational processes and workflows help to<br />

reduce organisational risk. Once a year all of the<br />

Bank’s organisational and work instructions are<br />

reviewed and adjusted where necessary by the<br />

individual departments concerned.<br />

As part of the implementation of the statutory<br />

framework conditions, a central compliance office<br />

has been in place for several years now to prevent<br />

insider dealing.


Measurement of operational risk<br />

Operational risk was measured during the financial<br />

year using the basic indicator approach as<br />

defined in Section 270 of the Solvency Ordinance,<br />

according to which the basic indicator of operational<br />

risk is 15 % of the three-year average of the<br />

relevant indicator. Basically, the relevant indicator<br />

is the Bank’s net interest and commission income.<br />

With effect from 2009, the Bank will be measuring<br />

operational risk using the standard method as<br />

described in Section 272 et seq. of the Ordinance.<br />

This method allows for a more detailed measurement<br />

of risk, as various different percentages are<br />

stipulated for the indicators depending on the different<br />

areas of business.<br />

With regard to ongoing monitoring and reporting<br />

of operational risk, the operational risk committee<br />

(ORC) meets on a quarterly basis. This committee<br />

comprises the Board of Managing Directors of<br />

<strong>Deutsche</strong> <strong>Hypo</strong> and the heads of department<br />

responsible for risk management and internal<br />

audit. The meetings deal with a standardised<br />

report containing the following information:<br />

·· Reporting of any new cases of damage recorded<br />

in the database<br />

·· Status of current new product processes<br />

·· Status report on any significant Bank projects<br />

In addition to regular reporting, the management<br />

is also briefed without delay on any acute change<br />

in the Bank's risk situation.<br />

·· FORECAST<br />

··· MANAGEMENT REPORT ···<br />

·· ECONOMY AND REAL ESTATE MARKETS<br />

In the current environment any predictions of<br />

future developments are associated with a large<br />

amount of uncertainty. This is particularly true of<br />

any assessment of the blow to economic growth<br />

dealt by the global financial crisis. The global economy<br />

faces an acute economic downturn in 2009<br />

from which no region of the world will be able to<br />

escape. Many industrialised nations are experiencing<br />

a painful recession, the severity and duration<br />

of which will depend on the success of measures<br />

introduced to overcome the financial crisis.<br />

Germany, in its capacity as a strongly exportdependent<br />

country, will be particularly hard hit by<br />

the fall in global demand. Given the very weak<br />

level of development in the economy as a whole<br />

towards the end of <strong>2008</strong>, a trend that can be<br />

expected to continue during the first half of 2009,<br />

many are expecting Germany to experience the<br />

worst recession in the history of the Federal<br />

Republic. Growth in exports and investments will<br />

be particularly badly affected, whilst private consumer<br />

spending should prove relatively robust in<br />

the current economic crisis, as supported by the<br />

clear fall in inflation, the measures designed to<br />

bolster consumption as part of economic stimulus<br />

programmes and what has been only a relatively<br />

moderate rise in unemployment given the extent<br />

of the crisis. Nevertheless, real gross domestic<br />

product in Germany risks falling by more than 2 %<br />

in 2009.<br />

··· 67 ···


··· 68 ···<br />

With regard to new real estate finance business,<br />

we expect to see something between stagnation<br />

and decline in our target markets in light of the<br />

respective macroeconomic environment, particularly<br />

in the markets of the US, the UK and Spain.<br />

These developments will have a negative impact<br />

on our levels of new business, despite the fact<br />

that the acquisition potential has basically been<br />

increased due to the merger of the real estate<br />

finance divisions of NORD/LB and <strong>Deutsche</strong><br />

<strong>Hypo</strong>.<br />

Based on our current information on new business<br />

suitable for refinancing that meets the requirements<br />

of <strong>Deutsche</strong> <strong>Hypo</strong>, particularly in terms of<br />

risk profile, we expect the volume of new business<br />

in 2009 to at least match the previous year’s<br />

level.<br />

As was the case in the previous year we expect to<br />

see a further increase in our loan portfolio. This<br />

will be based on new business and, at the same<br />

time, on a drop in loan redemptions, given that the<br />

term of loans, particularly in our foreign portfolio,<br />

has increased. This is a trend that is also proven by<br />

the strong fall in transactions volumes worldwide<br />

as a result of the crisis. A further influencing factor<br />

on portfolio growth is the successive transfer of<br />

loan portfolios from NORD/LB to <strong>Deutsche</strong> <strong>Hypo</strong>.<br />

In this regard we are expecting a far-reaching<br />

transfer of the portfolio to <strong>Deutsche</strong> <strong>Hypo</strong> over the<br />

next few years.<br />

Despite the difficult basic parameters, we are resolute<br />

in our aim of continuing to expand our mortgage<br />

loan portfolio, as this is the means by which<br />

we can secure our future income.<br />

Our assessment of risk provisioning for the<br />

lending portfolio is negative with real estate markets<br />

expected to develop more weakly next year.<br />

Whilst we are confident about the development<br />

and structure of our real estate portfolio, it should<br />

nevertheless be borne in mind that the continued<br />

negative development on the market will also<br />

affect <strong>Deutsche</strong> <strong>Hypo</strong> and result in the need for a<br />

higher level of provisioning for potential loan losses.<br />

We see particular risk potential in US condominium<br />

financing with the focus on Florida. The<br />

markets in the USA and the UK are the subject of<br />

greater attention on our part and will require due<br />

consideration as part of our portfolio management.<br />

In deviation from our planning, we are<br />

therefore expecting a level of risk provisioning for<br />

loan losses that will be significantly above the<br />

level of the previous year.<br />

The result from the real estate finance segment<br />

(taking into account risk provisioning) in particular<br />

is likely to be lower than in the previous year due<br />

to higher risk provisioning.<br />

·· CAPITAL MARKET DEVELOPMENT<br />

In terms of capital market business the issue<br />

dominating the agenda in 2009 is, once again, the<br />

recession. How interest rates develop will play a<br />

major role. We expect the central banks to keep<br />

rates low in response to the economic environment.<br />

The states concerned will be required to put their<br />

full weight behind their economic stimulus programmes<br />

and support mechanisms for banks and<br />

key industries. Given that it generally takes around


six months for the effects of monetary policy<br />

measures to filter through, we are assuming that,<br />

in the best case scenario, a slight turnaround can<br />

only be expected in Europe with effect from the<br />

second half of the year. Yet all market participants<br />

must assume, as things currently stand, that the<br />

impact of the financial crisis will not yet have been<br />

overcome by the end of 2009. We expect the<br />

development of credit spreads to tend towards<br />

the reserved. Even taking into account a positive<br />

scenario, these can be expected to stagnate more<br />

than anything else.<br />

We are basically positive in our assessment of the<br />

potential business opportunities for <strong>Deutsche</strong><br />

<strong>Hypo</strong>, a bank with a tried-and-tested business<br />

model. Our standing in the market will continue to<br />

support the good rating enjoyed by our public<br />

Pfandbriefe. Borrowing by state bodies will rise<br />

considerably in light of the huge economic stimulus<br />

programmes in evidence. The lender basis in<br />

this sector has, however, grown smaller. This<br />

means that margins should rise. <strong>Deutsche</strong> <strong>Hypo</strong>’s<br />

aim is to use its sustained presence on the Pfandbrief<br />

markets to exploit the income opportunities<br />

as they present themselves. Furthermore, we<br />

remain in a position to meet the individual interests<br />

of our investors through customised structured<br />

products.<br />

We expect there to be ongoing burdens on new<br />

business and on the result generated by capital<br />

market business in 2009. Above all, the rise in refinancing<br />

costs and low volume of new business in<br />

<strong>2008</strong> will make it difficult for this area of business<br />

to match the contribution to net interest and commission<br />

income made in the <strong>2008</strong> reporting year.<br />

·· RESULT FORECAST<br />

··· MANAGEMENT REPORT ···<br />

A planning model is used to predict the Bank’s<br />

income position. This incorporates, among other<br />

items, the development of our interest-earning<br />

portfolios and the margins earned on these, to the<br />

extent that these are determined. Other variables<br />

such as the development of new business must,<br />

in contrast, be estimated. These estimates are<br />

made on the basis of the information available at<br />

the time. The assumptions and parameters incorporated<br />

into our planning model are also based on<br />

the latest information known to the Bank.<br />

If the assumptions on which our plans are based<br />

prove to be incorrect or if different risks arise, this<br />

will obviously have a corresponding impact on the<br />

predicted results.<br />

The financial crisis and the fall-out from it, and the<br />

fact that the financial markets still, as things currently<br />

stand, remain very fragile and vulnerable to<br />

further burdens, make it practically impossible to<br />

predict income for 2009. In the absence of any further<br />

setbacks on the market, we are however<br />

assuming that we can achieve a pre-tax result in<br />

2009 that is higher than that achieved in <strong>2008</strong>.<br />

The described imponderables with regard to making<br />

a forecast do of course apply most considerably<br />

to the years after 2009. Looking towards 2010<br />

and based on the current situation, <strong>Deutsche</strong><br />

<strong>Hypo</strong> does not anticipate an out-and-out improvement<br />

in the state of the market but does expect<br />

the situation to have at least calmed down.<br />

··· 69 ···


··· 70 ···<br />

Overall, <strong>Deutsche</strong> <strong>Hypo</strong> believes that its business<br />

model continues to be healthy and viable, with<br />

regard to both real estate finance and the Bank’s<br />

capital market and refinancing business. The<br />

effects of the financial crisis are currently skewing<br />

results, as is in evidence across the entire sector,<br />

to such an extent that it is not possible at the current<br />

time to make reliable predictions. Despite<br />

these uncertainties about the Bank’s short-term<br />

future, <strong>Deutsche</strong> <strong>Hypo</strong> believes that it continues<br />

to be in a position from which it can successfully<br />

manage the existing risks.<br />

·· OPPORTUNITIES AND RISKS<br />

The main opportunities and risks with regard to<br />

<strong>Deutsche</strong> <strong>Hypo</strong>’s income position can be defined<br />

as follows.<br />

Risks with regard to operational income could<br />

arise in that it might not be possible, depending on<br />

the state of the markets, to generate the expected<br />

volume of new business with the anticipated margins.<br />

There is also the risk that the portfolio might<br />

not develop on the scale expected when making<br />

plans and looking to the future. General influencing<br />

factors come into play here, being crucially<br />

shaped by the behaviour of customers with regard<br />

to ordinary and extraordinary loan repayments. At<br />

the same time, there are also risks associated<br />

with the transfer of the NORD/LB loan portfolios<br />

to <strong>Deutsche</strong> <strong>Hypo</strong>, which might not be possible on<br />

the anticipated scale.<br />

The omnipresent financial crisis will also have a<br />

long-term impact on the development of risk provisioning,<br />

which, in turn, depends on the economic<br />

development of the real estate markets over the<br />

coming years. Potential dramatic distortions on<br />

the real estate markets would result in a need for<br />

higher risk provisioning.<br />

In such a case we would also have to expect<br />

another burden on the result recorded by our<br />

securities portfolio due to a deterioration in recovery<br />

rates.<br />

Generally speaking, however, we are not expecting<br />

the global measures in place to stabilise the<br />

financial and real economies to fail. Rather, looking<br />

at our securities portfolio, we expect that neither<br />

states nor banks will have to endure further dramatic<br />

losses of value in their bonds and that the<br />

support measures will take effect.


Opportunities will arise from our integration into<br />

the NORB/LB Group. In particular, our improved<br />

market presence and the greater perception of<br />

<strong>Deutsche</strong> <strong>Hypo</strong> as a company within the<br />

NORD/LB Group will open the door to new business<br />

opportunities. The related cross-selling<br />

potential will also provide additional income opportunities<br />

in general.<br />

Hanover, 3 March 2009<br />

The Board of Managing Directors<br />

Grieger Morr<br />

Pohl Rehfus<br />

··· MANAGEMENT REPORT ···<br />

··· 71 ···


··· 72 ···<br />

PERSONNEL REPORT<br />

Integration was a key element of <strong>2008</strong>, with the<br />

switch on 1 October <strong>2008</strong> of 83 employees to<br />

<strong>Deutsche</strong> <strong>Hypo</strong> on the basis of a transfer agreement.<br />

Nearly all of <strong>Deutsche</strong> <strong>Hypo</strong>’s employees<br />

were involved in this process, especially the loans<br />

department, the Organisation and IT department and<br />

the HR department including the administration area.<br />

<strong>Deutsche</strong> <strong>Hypo</strong>thekenbank experienced a tumultuous<br />

yet interesting year in <strong>2008</strong>. It is only due to<br />

the dedication of all of our employees that the challenging<br />

issues of the year could be resolved. The<br />

integration process is far from over, but the foundations<br />

have been established for a successful future.<br />

In a desire to ensure equal treatment of all<br />

employees, an agreement was reached at the end<br />

of the year with the Works Council of <strong>Deutsche</strong><br />

<strong>Hypo</strong> on both a social package and on the avoidance<br />

of unequal treatment.<br />

In the areas of training and education, the expertise<br />

contributed by NORD/LB will ensure that the<br />

best framework is in place in the future to offer<br />

optimised professional development for the workforce.<br />

In 2009, both parties wish to promote and<br />

realise the comprehensive package of training<br />

offered by NORD/LB and an exchange of up-andcoming<br />

banking professionals and trainees.<br />

The trainees completing their education in the<br />

class of <strong>2008</strong> and the one employee graduating<br />

from the Leibniz-Akademie all completed their<br />

programmes of study with above-average examination<br />

results, and all were taken on by the Bank.<br />

Numerous training measures were conducted at<br />

<strong>Deutsche</strong> <strong>Hypo</strong> during <strong>2008</strong>. In March <strong>2008</strong>, the<br />

third Financial Management Seminar was completed<br />

successfully with a closing presentation.<br />

The fourth such course will commence in 2009.<br />

In recent years, improving foreign language skills<br />

has been an increasingly important challenge. The<br />

activities of NORD/LB in this domain have been<br />

bundled with those of <strong>Deutsche</strong> <strong>Hypo</strong>, and<br />

employees are receiving targeted language training.<br />

New, mixed learning groups are being formed<br />

on the basis of existing language skills.<br />

The number of employees has risen to an average<br />

of 234 (previous year: 215). As at 31 December<br />

<strong>2008</strong>, the number of employees including those<br />

joining from NORD/LB was 296 (excluding Board<br />

of Managing Directors and trainees).<br />

The average age of the workforce as at 31 December<br />

<strong>2008</strong> was 42.4 years (previous year 44.1<br />

years); the percentage of days lost through illness<br />

was 2.9 % (previous year: 2.15 %).<br />

In total, six employees celebrated 25 years in service<br />

and four employees celebrated their tenth<br />

anniversary with the Bank. In addition, Mr Kördel,<br />

Chairman of the Works Council, celebrated his<br />

40th anniversary with <strong>Deutsche</strong> <strong>Hypo</strong>.<br />

We would also like to thank the Works Council for<br />

the good working relationship, which has been<br />

constructive and professional at all times.


CORPORATE GOVERNANCE REPORT<br />

·· CORPORATE GOVERNANCE<br />

CODE<br />

The Government Commission on the German Corporate<br />

Governance Code, at its plenary meeting of<br />

6 June <strong>2008</strong>, agreed on changes to the Code.<br />

These were published in the electronic Federal<br />

Gazette on 8 August <strong>2008</strong> and thus entered into<br />

force.<br />

Three major new recommendations were added<br />

to the Code.<br />

·· Resolution of the full Supervisory Board on the<br />

structure and remuneration system for the Board<br />

of Managing Directors<br />

·· Conversion into recommendations of existing suggestions<br />

on severance-payment caps<br />

·· Handling by the Supervisory Board or by its Audit<br />

Committee in relation to interim financial reports<br />

The current version of the Corporate Governance<br />

Code is available for consultation on the <strong>Deutsche</strong><br />

<strong>Hypo</strong> website.<br />

<strong>Deutsche</strong> <strong>Hypo</strong> will comply with recommendations<br />

b) and c) above and has implemented these<br />

organisationally to the extent required. <strong>Deutsche</strong><br />

<strong>Hypo</strong> does not intend to comply with recommendation<br />

a) above.<br />

·· DECLARATION<br />

The Board of Managing Directors and the Supervisory<br />

Board issued their declaration, which must<br />

be submitted annually, on 18 December <strong>2008</strong>. The<br />

declaration is available for consultation on the<br />

<strong>Deutsche</strong> <strong>Hypo</strong> website. It is worded as follows:<br />

<strong>2008</strong> Declaration<br />

of <strong>Deutsche</strong> <strong>Hypo</strong>thekenbank<br />

(Actien-Gesellschaft) Hanover/Berlin<br />

on the recommendations of the<br />

“Government Commission on the German<br />

Corporate Governance Code”<br />

The Board of Managing Directors and the Supervisory<br />

Board of <strong>Deutsche</strong> <strong>Hypo</strong>thekenbank (Actien-<br />

Gesellschaft), Hanover/Berlin, hereby declare in<br />

accordance with Section 161 of the Joint Stock<br />

Corporation Act:<br />

1. <strong>Deutsche</strong> <strong>Hypo</strong>thekenbank (Actien-Gesellschaft)<br />

Hanover/Berlin, since its last declaration of 19<br />

December 2007, has complied with the recommendations<br />

of the Government Commission on<br />

the German Corporate Governance Code of 14<br />

June 2007 and as last amended on 6 June <strong>2008</strong><br />

with the following exceptions:<br />

a) A D&O policy existed for the Board of Managing<br />

Directors and Supervisory Board without<br />

a suitable deductible (No. 3.8).<br />

b) The Board of Managing Directors did not have<br />

a chairperson or spokesperson (No. 4.2.1).<br />

··· 73 ···


··· 74 ···<br />

c) The remuneration system of the Board of<br />

Managing Directors, including material contractual<br />

elements, is not decided by the full<br />

Supervisory Board, but instead by the Personnel<br />

Committee of the Supervisory Board (No.<br />

4.2.2).<br />

d) At the General Meeting of 21 May <strong>2008</strong>, at<br />

which five new members of the Supervisory<br />

Board were elected, no candidates were proposed<br />

to the shareholders for the new Chairman<br />

of the Supervisory Board (No. 5.4.3).<br />

e) The six-month interim financial report was<br />

published on 29 August <strong>2008</strong> and thus<br />

somewhat later than 45 days after the end of<br />

the reporting period (No. 7.1.2). The report<br />

was published according to the requirements<br />

of Section 37w of the Securities Trading Act.<br />

These provisions require publication no later<br />

than two months after the end of the reporting<br />

period.<br />

2.<strong>Deutsche</strong> <strong>Hypo</strong>thekenbank (Actien-Gesellschaft),<br />

Hanover/Berlin, shall adhere to the<br />

recommendations of the Government Commission<br />

on the German Corporate Governance<br />

Code as last amended on 6 June <strong>2008</strong> subject<br />

to the exceptions listed under 1.a) to 1.e).<br />

Hanover, 18 December <strong>2008</strong><br />

The Supervisory Board The Board of<br />

Managing Directors<br />

EXPLANATORY INFORMATION<br />

·· Re. No. 3.8:<br />

This recommendation has not been adhered to in<br />

the past and will not be adhered to in future by<br />

<strong>Deutsche</strong> <strong>Hypo</strong>. The grounds for this are unchanged:<br />

For reasons of equal treatment, any deductible<br />

would have to be identical for all insured persons,<br />

whereas the principle of appropriateness would<br />

result in the deductible being set on the basis of<br />

the highest income and asset situations of the<br />

group of insured persons. As a result, this deductible<br />

would have a varying effect on the members<br />

of the Board of Managing Directors and Supervisory<br />

Board depending on their personal economic<br />

circumstances. In the most extreme case, for<br />

example, those members of the Supervisory<br />

Board with lower net worth may find themselves<br />

in financial difficulties. Taking into account equal<br />

responsibilities, this would not appear to be a fair<br />

approach.<br />

·· Re. No. 4.2.1:<br />

Again, this recommendation has not been adhered<br />

to in the past and will not be adhered to in<br />

future by <strong>Deutsche</strong> <strong>Hypo</strong>. At <strong>Deutsche</strong> <strong>Hypo</strong>, it is<br />

long-established practice for the management<br />

board to be composed of equal-ranking members.<br />

This system has proven its worth in the past, and<br />

in the light of the size of <strong>Deutsche</strong> <strong>Hypo</strong> and in<br />

view of the Bank’s business activities, we regard<br />

this practice as appropriate. The duties and<br />

responsibilities of the Members of the Board of<br />

Managing Directors are clearly laid out in the<br />

Rules of Procedure of the Board of Managing


Directors. The Rules of Procedure and the rules<br />

derived from these on the responsibility and authority<br />

held by subordinate groups stipulate that all<br />

major decisions are to be made by the entire<br />

Board of Managing Directors. The weekly meetings<br />

of the entire Board of Managing Directors<br />

serve as the decision-making body. This ensures,<br />

commensurate with the desire for consistent<br />

business management, that all Members of the<br />

Board of Managing Directors are fully informed of<br />

all material facts and also that all Members of the<br />

Board of Managing Directors stand together<br />

behind all major decisions affecting the company.<br />

·· Re. Nos. 4.2.2, 4.2.5 and 5.4.7:<br />

According to the Rules of Procedure of the Supervisory<br />

Board, the Personnel Committee has been<br />

assigned independence of decision-making and<br />

implementation in relation to emoluments paid to<br />

the Board of Managing Directors. The Personnel<br />

Committee consults on the structure of emoluments<br />

and subjects this to regular inspection. The<br />

entire Supervisory Board is informed of the Committee’s<br />

activities and its findings through the<br />

Committee’s reporting procedures. This system<br />

has proven its worth in the past and <strong>Deutsche</strong><br />

<strong>Hypo</strong> sees no urgent reason to deviate from this<br />

practice.<br />

The emoluments of the members of the Board of<br />

Managing Directors and Supervisory Board have<br />

not been listed for each individual member in the<br />

past. Similarly, <strong>Deutsche</strong> <strong>Hypo</strong>thekenbank will not<br />

be complying with this recommendation in future.<br />

The Extraordinary General Meeting of <strong>Deutsche</strong><br />

<strong>Hypo</strong>thekenbank held on 13 November 2006 passed<br />

a decision with the required majority in accor-<br />

··· CORPORATE GOVERNANCE REPORT ···<br />

dance with Section 286, paragraph 5 of the<br />

German Commercial Code not to break down the<br />

emoluments paid to members of the Board of<br />

Managing Directors.<br />

The emoluments paid to the members of the<br />

Supervisory Board are regulated in the Articles of<br />

Association of <strong>Deutsche</strong> <strong>Hypo</strong>thekenbank, which<br />

may be consulted on the Bank’s website. The payment<br />

made to each member of the Supervisory<br />

Board can basically be derived from this. There is<br />

no obvious benefit to be gained from breaking<br />

down the amounts by individual member.<br />

·· Re. No. 5.4.3:<br />

<strong>Deutsche</strong> <strong>Hypo</strong> has not complied with this recommendation<br />

of the Code and will not comply with it<br />

in the future. According to the provisions of the<br />

Joint Stock Companies Act and <strong>Deutsche</strong> <strong>Hypo</strong>’s<br />

Articles of Association, the Supervisory Board<br />

elects a Chairman from its members. There is no<br />

provision for the involvement of the shareholders<br />

in this process. <strong>Deutsche</strong> <strong>Hypo</strong> therefore also considers<br />

it unnecessary to advise shareholders of<br />

the nominations for position of Chairman of the<br />

Supervisory Board in advance.<br />

·· Re. No. 7.1.2:<br />

As a consequence of its inclusion in the NORD/LB<br />

Group, <strong>Deutsche</strong> <strong>Hypo</strong> is integrated into Group<br />

reporting procedures in relation to publication of<br />

interim reports, financial reports and its annual<br />

financial statements. Due to this fact, circumstances<br />

may occur in which it is necessary to deviate<br />

from the deadlines imposed by the Corporate<br />

Governance Code.<br />

··· 75 ···


··· 76 ···<br />

·· EMOLUMENTS OF THE MEMBERS OF THE<br />

BOARD OF MANAGING DIRECTORS<br />

Emoluments paid to the Board of Managing<br />

Directors for the <strong>2008</strong> financial year amounted to<br />

€ 987.0 k (previous year: € 1,310.0 k). Fixed payments<br />

amounted to € 987.0 k (previous year:<br />

€ 723.2 k). The variable component amounted to<br />

€ 0.0 k (previous year: € 586.8 k).<br />

The variable salary component is calculated on the<br />

basis of the annual accounts prepared in accordance<br />

with the German Commercial Code (H<strong>GB</strong>)<br />

using the following formula:<br />

Operating result before tax (in € millions) + return<br />

on equity (in %) + dividend x 10 (in euros).<br />

This total is then multiplied by the individual multipliers<br />

for each member of the Board of Managing<br />

Directors.<br />

The total multiplier for the incumbent Board of<br />

Managing Directors is 7,800.<br />

As an exception to this rule, the variable portion of<br />

the salary paid to one member of the Board of<br />

Managing Directors is set individually by the<br />

Supervisory Board.<br />

Former Members of the Board of Managing<br />

Directors and their surviving dependents received<br />

€ 657.0 k (previous year: € 610.8 k). The pension<br />

provisions made for this group of persons totalled<br />

€ 6,095.0 k (previous year: € 6,461.3 k).<br />

·· EMOLUMENTS OF THE MEMBERS OF THE<br />

SUPERVISORY BOARD<br />

The emoluments paid to the Supervisory Board<br />

totalled € 129 k (previous year: € 354 k), of which<br />

€ 129 k (previous year: € 149 k) was a fixed component<br />

(excluding turnover tax).<br />

·· CORPORATE GOVERNANCE – OUTLOOK<br />

As already mentioned above, the official quotation<br />

of the <strong>Deutsche</strong> <strong>Hypo</strong> shares on the stock<br />

exchange was withdrawn with effect from 30<br />

December <strong>2008</strong>. This means that there is no statutory<br />

obligation to submit a declaration on the<br />

Corporate Governance Code. According to Section<br />

161 of the Joint Stock Companies Act, only listed<br />

companies are obliged to issue such a declaration.<br />

Nevertheless, <strong>Deutsche</strong> <strong>Hypo</strong> maintains an interest<br />

in operating sound corporate governance in<br />

keeping with the recommendations of the Code.<br />

Therefore, it will continue, on a voluntary basis, to<br />

issue a declaration on the Corporate Governance<br />

Code and to explain any deviations from the<br />

recommendations of the Code.


··· CORPORATE GOVERNANCE REPORT ···<br />

··· 77 ···


··· 78 ···<br />

DEUTSCHE HYPO SUPPORTS<br />

MEDICAL RESEARCH<br />

As early as 1972, the Bank instituted a fund to support<br />

research into cancer; from this was established,<br />

in 1999, an association bearing the name of<br />

Johann Georg Zimmermann, a renowned 18th<br />

century scholar who was also personal physician<br />

to George III when the British monarch was in<br />

residence in the Electorate of Hanover. As a physician,<br />

Zimmermann sought intensively and with<br />

great perseverance for new, practical methods of<br />

treating and curing his patients.<br />

In modern cancer research, where today’s<br />

knowledge may quickly be overtaken by new findings<br />

in just a few years, perseverance is a major<br />

prerequisite in establishing a successful project.<br />

Therefore, the Johann Georg Zimmermann prizes<br />

from left: Prof. Dr. Dieter Bitter-Suermann, Prof. Dr. Nisar Peter Malek, Prof. Dr. Rüdiger Hehlmann,<br />

Prof. Dr. B. Michael Ghadimi, Jürgen Morr<br />

are awarded in recognition of innovative, successfully<br />

concluded research projects that expand the<br />

corpus of knowledge of cancer and lead to improved<br />

methods of treatment.<br />

Over the years, the Board of Trustees of the<br />

Johann Georg Zimmermann Association has<br />

always selected renowned and important recipients<br />

to be awarded with the research prize and<br />

medal. This year, however, was a particularly<br />

memorable one. In December <strong>2008</strong>, the recipient<br />

of the Zimmermann Medal in 2007, Heidelberg<br />

cancer research specialist Professor Dr. Dr. Harald<br />

zur Hausen was awarded this year’s Nobel Prize in<br />

Medicine in Stockholm. This is confirmation of the<br />

excellent work done by the Trustees, who had


already recognised Professor zur Hausen and his<br />

pioneering work in the development of a vaccination<br />

against cervical cancer. This research is of fundamental<br />

importance to the development of strategies<br />

to fight cancer in the future. Now, with the<br />

award of the Nobel Prize in Medicine, they have<br />

earned the greatest possible academic honour.<br />

This year, the Trustees were once again able to<br />

reward major cancer researchers with the Zimmermann<br />

prizes. The Medal was awarded to Professor<br />

Dr. Rüdiger Hehlmann of the Faculty of Clinical<br />

Medicine at University Hospital, Mannheim. Professor<br />

Hehlmann is coordinator of the German<br />

CML Study Group, which has been conducting randomized<br />

studies into the treatment of chronic myelogenous<br />

leukaemia (CML) since 1982. He is also<br />

Secretary General of the International Association<br />

for Comparative Research on Leukaemia and Related<br />

Diseases (IACRLRD) and Coordinator of the<br />

Competence Network “Acute and Chronic Leukaemia”<br />

and of the European LeukemiaNet. In particular,<br />

the Trustees praised Professor Hehlmann’s<br />

achievement in creating the European Leukemia-<br />

Net, a unique and permanent network for the coordination<br />

of leukaemia treatment in Europe.<br />

This year, two research prize winners were recognized.<br />

The Trustees were convinced that both winners<br />

were equally strong and could demonstrate<br />

sustained incisive research results. Thus the decision<br />

was made to recognise Professor Dr. B.<br />

Michael Ghadimi from the Surgical Centre in the<br />

Clinic and Polyclinic for General Surgery of the University<br />

Hospital and Medical Faculty of the Georg-<br />

August University, Göttingen. Professor Ghadimi’s<br />

clinical research group is promoting individualised<br />

treatment of patients with bowel cancer, the<br />

second most frequent form of cancer in Germany.<br />

The objective of the group’s research is to identify<br />

in advance which cancer treatments will work<br />

best, which will not work at all and what sideeffects<br />

can be expected among patients with cancer<br />

of the rectum. This not only enables doctors to<br />

improve the quality of life of those affected and to<br />

increase their lifespan, but also alleviates pressure<br />

on the health system as expensive treatments that<br />

would probably not be effective for the individual<br />

patient can be avoided.<br />

The research prize also went to Professor Dr. Nisar<br />

Peter Malek of the Institute for Molecular Biology<br />

and Department for Gastroenterology, Hepatology<br />

and Endocrinology at Hanover Medical School.<br />

With a natural substance – argyrin – Professor<br />

Malek has demonstrated that an active substance<br />

developed in an academic setting can have a targeted<br />

oncological use.<br />

The Board of Trustees was unanimous in its decision,<br />

recognising the work of two researchers and paying<br />

tribute to their pioneering interdisciplinary work in<br />

the area of cancer research.<br />

··· 79 ···


··· 80 ···


ANNUAL ACCOUNTS<br />

·· BALANCE SHEET AS AT 31 DECEMBER <strong>2008</strong><br />

·· PROFIT AND LOSS ACCOUNT<br />

FOR THE <strong>2008</strong> FINANCIAL YEAR<br />

·· NOTES<br />

··· 81 ···


·· BALANCE SHEET<br />

·· ASSETS<br />

··· 82 ···<br />

Cf. Notes 31.12.<strong>2008</strong> 31.12.2007<br />

No. € thousands € thousands € thousands € thousands € thousands<br />

1. Cash reserve<br />

a) Cash and cash equivalents 3<br />

b) Balances with central banks 85,851 85,854 99,340<br />

of which:<br />

with <strong>Deutsche</strong> Bundesbank 85,851 (99,309)<br />

3. Due from banks 1.<br />

a) Mortgage loans 0<br />

b) Loans to the public sector 3,988,942<br />

c) Other claims 3,129,072 7,118,014 5,955,915<br />

of which:<br />

payable on demand 760,170 (609,662)<br />

collateralised against securities 0 (0)<br />

4. Due from non-bank customers 1.<br />

a) Mortgage loans 9,093,791<br />

b) Loans to the public sector 6,627,169<br />

c) Other claims 104,492 15,825,452 16,108,623<br />

of which:<br />

collateralised against securities 0 (0)<br />

5. Bonds and other<br />

fixed-income securities 3./6.<br />

b) Bonds and debentures<br />

ba) from public issuers 4,966,095<br />

of which:<br />

eligible as collateral for advances from the<br />

<strong>Deutsche</strong> Bundesbank 3,364,692 (3,432,024)<br />

bb) from other issuers 7,155,490 12,121,585 12,067,003<br />

of which:<br />

eligible as collateral for advances from the<br />

<strong>Deutsche</strong> Bundesbank 6,391,189 (6,223,406)<br />

c) Own bonds 183,561 183,433<br />

Nominal amount 180,979 (182,231)<br />

12,305,146 12,250,436<br />

6. Shares and other 3.<br />

variable-yield securities 101,056 167,217<br />

7. Investments 40. 227 495,227<br />

of which:<br />

in banks 0 (0)<br />

in financial services institutions 0 (0)<br />

8. Shares in affiliated companies 40. 173 199<br />

of which:<br />

in banks 0 (0)<br />

in financial services institutions 0 (0)<br />

9. Trust assets 4. 5,342 6,117<br />

of which:<br />

loans on a trust basis 5,342 (6,117)<br />

11. Intangible assets 8. 369 524<br />

12. Tangible fixed assets 9. 4,133 24,199<br />

15. Other assets 11. 508,145 238,021<br />

16. Deferred items 12.<br />

a) from issuing and lending business 62,277<br />

b) other 30,950 93,227 84,047<br />

Total assets 36,047,138 35,429,865


·· LIABILITIES<br />

··· ANNUAL ACCOUNTS ···<br />

Cf. Notes 31.12.<strong>2008</strong> 31.12.2007<br />

No. € thousands € thousands € thousands € thousands € thousands<br />

1. Due to banks 1.<br />

a) Registered mortgage Pfandbriefe issued 175,864<br />

b) Registered public Pfandbriefe issued 420,763<br />

c) Other liabilities<br />

of which:<br />

6,395,020 6,991,647 4,665,827<br />

payable on demand<br />

collateralised against securities<br />

delivered to lenders<br />

827,407 (14,427)<br />

registered mortgage Pfandbriefe and 0 (0)<br />

registered public Pfandbriefe 0 (0)<br />

2. Due to non-bank customers 1.<br />

a) Registered mortgage Pfandbriefe issued 1,155,748<br />

b) Registered public Pfandbriefe issued 7,485,163<br />

d) Other liabilities<br />

of which:<br />

1,350,173 9,991,084 10,048,077<br />

payable on demand<br />

collateralised against securities<br />

delivered to lenders<br />

10,269 (10,156)<br />

registered mortgage Pfandbriefe and 0 (0)<br />

registered public Pfandbriefe 0 (0)<br />

3. Bonded liabilities 1.<br />

a) Bonds issued<br />

aa) mortgage Pfandbriefe 4,550,196<br />

ab) public Pfandbriefe 9,850,940<br />

ac) other bonds 3,373,509 17,774,645 19,488,848<br />

4. Trust liabilities 4. 5,342 6,117<br />

of which loans on a trust basis 5,342 (6,117)<br />

5. Other liabilities 13. 140,631 220,608<br />

6. Deferred items 12.<br />

a) from issuing and lending business 59,665<br />

b) other 26,143 85,808 100,080<br />

7. Provisions<br />

a) Provisions for pensions and<br />

similar obligations 20,578<br />

b) Tax provisions 4,454<br />

c) Other provisions 9,549 34,581 41,728<br />

9. Subordinated liabilities 14. 228,252 229,274<br />

of which maturing in less than two years 20,452 (11,248)<br />

10. Participatory capital 15. 108,226 108,226<br />

of which maturing in less than two years<br />

12. Equity<br />

10,226 (10,226)<br />

a) Subscribed capital 17. 80,640 80,640<br />

capital held by silent partners 19. 44,000 44,000<br />

b) capital reserve 20. 311,314 131,314<br />

c) revenue reserves 20.<br />

ca) legal reserve 18,918<br />

cd) other revenue reserves 231,424 250,342 240,426<br />

d) Distributable profits 626 24,700<br />

686,922 521,080<br />

Total liabilities 36,047,138 35,429,865<br />

1. Contingent liabilities 21.<br />

b) Liabilities from guarantees<br />

and indemnity contracts 686,185 661,423<br />

2. Other obligations 22.<br />

c) Irrevocable loan commitments 607,947 857,088<br />

··· 83 ···


··· 84 ···<br />

·· PROFIT AND LOSS ACCOUNT<br />

Cf. Notes <strong>2008</strong> 2007<br />

No. € thousands € thousands € thousands € thousands<br />

1. Interest income from<br />

a) lending and money market transactions 1,096,486<br />

b) fixed-income securities<br />

and government-inscribed debts 562,216 1,658,702 1,679,508<br />

2. Interest expenses 1,567,040 1,594,872<br />

91,662 84,636<br />

3. Current income from<br />

a) shares and other<br />

variable-yield securities 10,011<br />

b) investments 7,085<br />

c) shares in affiliated companies 183 17,279 21,273<br />

4. Income from profit pooling, profit transfer or<br />

part-profit transfer agreements 21 0<br />

5. Commission income 12,046 8,071<br />

6. Commission expenditure 2,624 2,095<br />

9,422 5,976<br />

8. Other operating income 33. 20,018 3,028<br />

10. General administrative expenses<br />

a) Personnel costs<br />

aa) wages and salaries 17,011<br />

ab) compulsory social security contributions<br />

for pensions and other employee benefits 4,776 21,787<br />

of which:<br />

for pensions € 2,271 k (2,245)<br />

b) Other administrative expenses 16,628<br />

38,415 34,604<br />

11. Depreciation and write-downs on intangible and<br />

tangible fixed assets 1,048 1,102<br />

12. Other operating expenses 34. 3,529 3,035<br />

13. Write-down of and adjustments to claims<br />

and certain securities, and allocations to<br />

provisions for possible loan losses 4,846 25,414<br />

15. Write-down of and adjustments to 36.<br />

investments, shares in affiliated companies<br />

and securities treated as fixed assets 93,591 1,306<br />

16. Income of and adjustments to investments,<br />

shares in affiliated companies and securities<br />

treated as fixed assets 0 0<br />

17. Absorbed losses 0 168<br />

19. Result from ordinary business activity – 3,027 49,284<br />

23. Taxes on income and earnings 35. – 3,708 12,525<br />

24. Other taxes not<br />

posted under item 12 55 59<br />

– 3,653 12,584<br />

27. Net income for the year 626 36,700<br />

32. Allocation to revenue reserves<br />

d) to other revenue reserves 0 12,000<br />

34. Distributable profits 626 24,700


·· NOTES<br />

·· GENERAL INFORMATION<br />

·· ACCOUNTING REGULATIONS<br />

The annual accounts for the <strong>2008</strong> financial year<br />

have been prepared in accordance with the provisions<br />

of the German Commercial Code (H<strong>GB</strong>) in<br />

conjunction with the Ordinance on the Presentation<br />

of Accounts of German Banks (RechKredV)<br />

and with due adherence to the provisions of the<br />

German Joint Stock Companies Act (AktG).<br />

·· ACCOUNTING AND VALUATION PRINCIPLES<br />

Cash reserves are reported at nominal value.<br />

The Bank's receivables are reported at their nominal<br />

value according to Section 340e, paragraph 2<br />

of the Commercial Code (H<strong>GB</strong>). Any differences<br />

between the nominal value and the payout value<br />

are reported under accrued and deferred items,<br />

which are written back on a straight-line basis.<br />

Appropriate value adjustments and provisions are<br />

set aside in relation to detectable individual risks.<br />

Account is taken of contingent risks in the form of<br />

a lump-sum valuation adjustment. Additionally,<br />

reserves have also been formed in accordance<br />

with Section 340f, paragraph 1 of H<strong>GB</strong>. The setoff<br />

opportunities provided under Section 340f, paragraph<br />

3 of H<strong>GB</strong> have been utilised.<br />

Securities are reported in the balance sheet under<br />

“Bonds and other fixed-income securities” and<br />

under “Shares and other variable-yield securities”.<br />

··· ANNUAL ACCOUNTS ···<br />

Zero bonds are carried as assets at historical cost.<br />

Depending on the issuing conditions, interest calculated<br />

on the basis of the capital-based effective<br />

interest calculation is also posted under assets.<br />

Securities held as fixed assets are carried in the<br />

balance sheet at their depreciated historical costs.<br />

Non-scheduled write-downs are made in accordance<br />

with Section 253, paragraph 2, sentence 3<br />

of H<strong>GB</strong> in the impairments that are judged to be<br />

long term. Values are written back in cases where<br />

the reasons for a write-down cease to apply. Securities<br />

held as fixed assets are written up/down on<br />

a straight-line basis until maturity based on their<br />

nominal value. Securities held as fixed assets that<br />

are written down due to a long-term value reduction<br />

are no longer written up or down on a straightline<br />

basis as of the write-down. Securities subject<br />

to non-scheduled write-downs are only written<br />

up/down again once the impairment loss has been<br />

written back.<br />

Securities held in the liquidity reserve are valued<br />

according to the strict principle of the lower of<br />

cost or market according to Section 253, paragraph<br />

3 of H<strong>GB</strong>, insofar as they are not included in<br />

separate valuation units. Securities in the liquidity<br />

reserve included in a valuation unit with a derivative<br />

are valued taking into account the market<br />

value of the derivative.<br />

Reallocations from the liquidity reserve to fixed<br />

assets are carried out in accordance with IDW RH<br />

HFA 1.014 (9 January 2009) on the basis of the<br />

book value of the most recent annual accounts or,<br />

in the case of securities acquired in <strong>2008</strong>, at historical<br />

cost. In previous years, reallocations were<br />

··· 85 ···


··· 86 ···<br />

effected at the book value of the most recent halfyearly<br />

financial statements. The reallocated securities<br />

should, in line with strategy, serve business<br />

operations over the long term and are not required<br />

for the liquidity reserve.<br />

The greatly limited ability of the financial markets<br />

to function properly has led to a significant<br />

amount of uncertainty within the financial sector<br />

regarding the valuation of securities, particularly<br />

the calculation of their fair values. The massive disruption<br />

to market mechanisms has led to major<br />

price falls, with very high bid/offer spreads and levels<br />

of trading that range from low to non-existent.<br />

In order to provide a proper view of its assets, liabilities,<br />

financial position and profit or loss,<br />

<strong>Deutsche</strong> <strong>Hypo</strong> has reviewed on an individual<br />

basis the extent to which the listed prices can be<br />

used as the basis for calculating the fair values of<br />

securities. In the case of active markets, <strong>Deutsche</strong><br />

<strong>Hypo</strong> based its valuations on the mark to market<br />

or mark to matrix approaches, as was also the<br />

case during the previous year. With regard to inactive<br />

markets, a discounted cash flow (DCF) model<br />

was used to calculate the values posted, in particular<br />

in cases where the bid/offer spread was not<br />

judged to be typical of the market and where<br />

there was a lack of representative trading volumes.<br />

In the context of the DCF model, the cash<br />

flows for the securities were risk-adjusted and discounted<br />

on the basis of the swap curve. The risk<br />

adjustment process takes account of the issuerrelated<br />

probability of default and a worst case scenario<br />

in relation to a loss of 100 % in the case of<br />

default. With regard to the discounting, account<br />

was also taken of the spread premiums for<br />

required return on equity, which increase as the<br />

risk level rises. Wherever securities include cancellation<br />

rights, these were incorporated into the<br />

value using common actuarial methods/standard<br />

option pricing models.<br />

The DCF model values used for the first time in<br />

<strong>2008</strong> have no impact on the Bank’s result, as securities<br />

held as fixed assets are posted according to<br />

the alleviated principle of the lower of cost or market.<br />

No write-ups based on model values were<br />

posted to the balance sheet. With regard to securities<br />

held as fixed assets, the DCF models have<br />

an effect on the hidden reserves/hidden obligations<br />

reported below under 6.<br />

MBS-papers are as a general rule also valued<br />

using the above valuation model for securities.<br />

Due to the irregular structure of the interest and<br />

redemption cash flows, the expected cash flows<br />

are calculated on the basis of the weighted average<br />

life (WAL) and average expected interest. The<br />

probabilities of default applied are based on the<br />

current assessments of the rating agency<br />

Moody’s. In calculating the risk-dependent return<br />

for the purposes of ensuring capital adequacy, the<br />

quality of the MBS tranche was taken into account<br />

in addition to the probability of the issuer defaulting.<br />

To take additional account of the uncertainty<br />

surrounding estimates of the WAL in inactive markets,<br />

the WAL was also extended by one year in<br />

these cases. This results in a lower value and thus<br />

a more cautious entry in the accounts.<br />

To calculate what are expected to be long-term<br />

value reductions in US CDO papers and RMBS<br />

papers, internal models were used on the basis of<br />

which the expected long-term defaults on tranches


held by <strong>Deutsche</strong> <strong>Hypo</strong> could be estimated. The<br />

models take account of the crucial risk key figures<br />

for the calculation of default risk structure and<br />

were already used during the previous financial<br />

year. During the <strong>2008</strong> financial year one parameter<br />

in the model was modified in the case of US<br />

RMBS papers. The model takes account of the<br />

loss severity of the past twelve months (ratio of<br />

defaulted loans) and is no longer based on the loss<br />

severity recorded since the paper was issued. The<br />

modification of this parameter resulted in an additional<br />

€ 3 million of write-downs.<br />

Securities held in the liquidity reserve were, as in<br />

the previous year, valued on a mark to market or<br />

mark to matrix basis on the basis of sufficient market<br />

activity.<br />

Investments and shares in affiliated companies<br />

are valued at historical cost or at the lower of cost<br />

or market based on the rules applicable to fixed<br />

assets. Values are written back in cases where the<br />

reasons for a write-down cease to apply. In application<br />

of Section 340c, paragraph 2 of H<strong>GB</strong>, the<br />

income and expenses are reported as income<br />

from financial assets.<br />

Tangible assets and intangible fixed assets are carried<br />

at historical cost and, where depreciable, taking<br />

account of write-downs.<br />

Thus tangible assets and intangible fixed assets<br />

are carried at their historical cost minus straightline<br />

scheduled depreciation over their estimated<br />

useful life. Minor-value assets are depreciated in<br />

accordance with Section 6, paragraph 2 of the German<br />

Income Tax Act (EStG).<br />

··· ANNUAL ACCOUNTS ···<br />

The tax claim resulting from the amendment of<br />

Section 37 of the German Corporate Income Tax<br />

Act (KStG) as a result of the Act on fiscal measures<br />

to accompany the introduction of the European<br />

Company and the modification of other fiscal<br />

provisions (SEStEG) was reported at its present<br />

value applying a rate of interest of 3.9 %. The payout<br />

shall commence with effect from <strong>2008</strong> in ten<br />

equal annual instalments.<br />

Debts are as a general rule carried as liabilities in<br />

their repayment amount. Any difference between<br />

the nominal value and payout amount is reported<br />

under accruals and deferrals, which are written<br />

back on a scheduled basis. Zerobonds are reported<br />

at the price of the issue plus a pro-rata amount of<br />

interest based on the issue yield.<br />

Pension provisions are formed on the basis of an<br />

actuarial expert opinion according to the going<br />

concern method in accordance with Section 6a of<br />

the Income Tax Act, using the guide tables prepared<br />

by Prof. Dr. Klaus Heubeck. The discount<br />

rate is 6 %. Sufficient other provisions and tax provisions<br />

have been formed in line with the principle<br />

of cautious commercial assessment.<br />

Contingent liabilities are carried at their nominal<br />

amount.<br />

Close-out payments resulting from the early termination<br />

of swap transactions are shown under<br />

macro-hedges under interest income. In the case<br />

of micro-hedges, the close-out payments are posted<br />

as a corrective to the disposal results of the<br />

balance-sheet transactions.<br />

··· 87 ···


··· 88 ···<br />

·· CURRENCY CONVERSION<br />

The assets, debts and off-balance-sheet transactions<br />

denominated in foreign currencies are converted<br />

in line with the principles stipulated in Section<br />

340h of the Commercial Code.<br />

Fixed assets that are separately covered in the<br />

same currency are valued at their current cash<br />

price.<br />

Current assets, forward deposits, borrowers’<br />

notes, swap transactions and all other balance<br />

sheet items and spot transactions are valued at<br />

their current swap price.<br />

Current assets, insofar as they are separately covered<br />

by swap transactions, are valued at their<br />

cost/swap price. Forward transactions are valued<br />

using the split forward price method (swap price<br />

and forward margin), as they have been concluded<br />

to hedge interest-bearing items.<br />

The adjustment items created from valuing swap<br />

transactions at current rates were reported separately<br />

under other assets or other liabilities as<br />

appropriate.<br />

The adjustment items for forward exchange transactions<br />

are balanced under other assets/other liabilities.<br />

Expenses arising from currency conversion are<br />

included in the profit and loss account. Income<br />

resulting from currency conversion is only taken<br />

into account insofar as it is based on separately<br />

covered transactions. If no separate cover exists,<br />

but there is cover in the same currency, then<br />

income that balances out a temporary expense<br />

arising from the transactions serving as cover will<br />

be taken into account. In all other cases, income is<br />

not included in the profit and loss account.<br />

All foreign exchange rates are calculated by and<br />

taken from the European System of Central<br />

Banks.<br />

·· DERIVATIVES<br />

Derivatives from the non-trading portfolio are offbalance-sheet<br />

items, i.e. cannot be recognised as<br />

assets or liabilities on the balance sheet.<br />

Accrued/deferred interest from derivatives is<br />

reported under “Due from banks”/“Due to banks”.<br />

Upfronts from derivatives are reported under<br />

accrued and deferred items.<br />

·· SPECIAL CHARACTERISTICS OF THE<br />

VALUATION OF TOTAL RETURN SWAPS<br />

ON US MUNICIPALS<br />

A key influencing factor with regard to the valuation<br />

of <strong>Deutsche</strong> <strong>Hypo</strong>’s TRS are the prices of the<br />

underlying US municipals. These underlying stocks<br />

are bonds subject to preferential tax treatment<br />

and issued by US local authorities or federal states<br />

with first-class ratings.<br />

The low level of trading activity meant that the<br />

municipals markets were classed as not active.<br />

The assumption that these markets are no longer<br />

functioning properly is also backed up by the major<br />

price jumps that have been recorded and the<br />

strong deviation of listed prices from theoretically<br />

fair price levels.


Correspondingly, the DCF model described above<br />

was used to value the securities, extended to<br />

include a further parameter to take account of the<br />

favourable tax status enjoyed by municipals. In<br />

accordance with the result from time series analysis<br />

prior to the financial market crisis, a de facto<br />

yield below the swap curve was assumed for the<br />

tax-favoured municipals. The cancellation rights<br />

included in some of these securities were duly<br />

incorporated into the model price on the basis of<br />

standard option price models. The model value for<br />

the US municipals was then applied in the place of<br />

a stock market or market price in the TRS valuation<br />

model.<br />

·· SPECIAL CHARACTERISTICS OF THE<br />

VALUATION OF CREDIT DEFAULT SWAPS<br />

In terms of the credit default swaps (CDS) held in<br />

the portfolio, <strong>Deutsche</strong> <strong>Hypo</strong> is the provider of<br />

security in CDS contracts on European states and<br />

a US federal state.<br />

It was not possible to calculate relevant trading<br />

data at the listed CDS spreads of these countries.<br />

At the same time, major deviations were recorded<br />

between the theoretically fair price levels and the<br />

listed spreads.<br />

For this reason, <strong>Deutsche</strong> <strong>Hypo</strong> also valued these<br />

securities using a DCF model.<br />

The process used is based on a Nomura Securities<br />

International method and is also referred to as the<br />

“hazard rate model”.<br />

··· ANNUAL ACCOUNTS ···<br />

The model takes account of the expected cash<br />

flow from the CDS using default rates/probabilities<br />

of survival (PD) and loss rates in the event of a<br />

default (loss given default, LGD). The default rates<br />

are based on the underlying’s current rating. Additionally,<br />

an iterative process was used to reduce<br />

the difference between the publicly listed CDS<br />

spreads (from illiquid markets) and the model CDS<br />

spread based on the rating of the underlying, with<br />

the result that the model value and listed value<br />

tend to converge.<br />

·· CONCLUSION OF PROCEEDINGS PURSUANT<br />

TO SECTIONS 39A AND 39B SECURITY<br />

ACQUISITION AND ASSUMPTION LAW (WPÜG)<br />

Since 8 January <strong>2008</strong>, Norddeutsche Landesbank<br />

Girozentrale (NORD/LB), Hanover, has held the<br />

majority share (97.612 %) of our company’s share<br />

capital. Furthermore, since 9 December <strong>2008</strong>, on<br />

the basis of a ruling of Frankfurt am Main Upper<br />

Regional Court, according to which the application<br />

lodged by NORD/LB for the squeeze-out of minority<br />

shareholders of <strong>Deutsche</strong> <strong>Hypo</strong>thekenbank<br />

(Actien-Gesellschaft) in conjunction with the<br />

takeover by NORD/LB in exchange for a settlement<br />

was upheld, NORD/LB has been the sole<br />

shareholder of <strong>Deutsche</strong> <strong>Hypo</strong>thekenbank (Actien-<br />

Gesellschaft). Given that the Bank has no longer<br />

been listed on the stock exchange since 30<br />

December <strong>2008</strong>, the corresponding items in the<br />

notes have not been included here.<br />

··· 89 ···


··· 90 ···<br />

·· NOTES TO THE BALANCE SHEET<br />

·· 1. BREAKDOWN OF RESIDUAL MATURITIES (IN T THOUSANDS)<br />

<strong>2008</strong> 2007<br />

Due from banks<br />

- up to three months 2,007,726 867,996<br />

- between three months and one year 1,625,177 880,308<br />

- between one and five years 1,557,089 2,432,202<br />

- more than five years 1,062,532 935,133<br />

- total pro-rata interest 865,490 840,276<br />

Balance sheet value 7,118,014 5,955,915<br />

Due from non-bank customers<br />

- up to three months 351,988 899,751<br />

- between three months and one year 968,464 753,822<br />

- between one and five years 5,078,500 4,847,914<br />

- more than five years 9,212,199 9,375,197<br />

- total pro-rata interest 214,301 231,889<br />

15,825,452 16,108,573<br />

Claims without an agreed term 0 50<br />

Balance sheet value 15,825,452 16,108,623<br />

Bonds and other fixed-income<br />

securities<br />

- due in the following year 1,639,701 898,494<br />

Due to banks<br />

- up to three months 2,889,643 2,522,819<br />

- between three months and one year 2,468,106 444,967<br />

- between one and five years 434,874 441,039<br />

- more than five years 407,515 520,433<br />

- total pro-rata interest 791,509 736,569<br />

Balance sheet value 6,991,647 4,665,827<br />

Due to non-bank customers<br />

- up to three months 80,016 239,145<br />

- between three months and one year 336,763 376,905<br />

- between one and five years 1,372,364 1,313,261<br />

- more than five years 7,967,923 7,885,485<br />

- total pro-rata interest 234,018 233,281<br />

Balance sheet value 9,991,084 10,048,077<br />

Bonded liabilities<br />

- due in the following year 4,840,585 4,492,516


··· ANNUAL ACCOUNTS ···<br />

·· 2. AMOUNT DUE FROM AND TO AFFILIATED AND ASSOCIATED COMPANIES (IN T THOUSANDS)<br />

Balance sheet amount of which:<br />

Affiliated Associated<br />

companies companies<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

Due from<br />

banks 7,118,014 5,955,915 1,494,452 - - 122<br />

non-bank customers 15,825,452 16,108,623 8,335 8,505 6,267 10,966<br />

of which: subordinated 8,335 421 8,335 421 - -<br />

Bonds and other<br />

fixed-income securities 12,305,145 12,250,436 490,176 - - -<br />

Due to<br />

banks 6,991,647 4,665,827 1,932,244 - - 170,004<br />

non-bank customers 9,991,084 10,048,077 369 383 - -<br />

Bonded liabilities 17,774,645 19,488,848 251,241 - - -<br />

Subordinated liabilities 228,252 229,274 - - - -<br />

·· 3. MARKETABLE SECURITIES AND HOLDINGS (IN T THOUSANDS)<br />

1) excluding pro-rata interest<br />

Balance sheet amount of which: of which:<br />

marketable 1) listed 1) non-listed 1)<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

Bonds and<br />

other fixed-income<br />

securities 12,305,145 12,250,436 12,123,844 12,071,698 10,655,770 10,623,751 1,468,074 1,447,947<br />

Shares and other variableincome<br />

securities 101,056 167,217 49,927 49,927 49,927 49,927 - -<br />

Investments 227 495,227 - - - - - -<br />

Shares in affiliated<br />

companies 173 199 - - - - - -<br />

··· 91 ···


··· 92 ···<br />

·· 4. TRUST ACTIVITIES (IN T THOUSANDS)<br />

* of which minor-value assets of € 28 k (previous year: € 30 k)<br />

Trust assets Trust liabilities<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

Due from banks - - - -<br />

Due from non-bank customers 5,342 6,117 - -<br />

Total assets 5,342 6,117 - -<br />

Due to<br />

banks - - 3 4<br />

non-bank customers - - 5,339 6,113<br />

Total liabilities - - 5,342 6,117<br />

·· 5. ASSETS (IN T THOUSANDS )<br />

Acquisition Additions Disposals Write-ups (wu) or Write-downs (wd) or Residual<br />

and production financial financial additions (a) depreciations (d) book value<br />

costs year year Previous years Fiscal year Previous years Fiscal year 31.12.<strong>2008</strong><br />

Additions (A)<br />

Disposals (Di)<br />

Securities held 95.021(d)<br />

as fixed assets 9,712,341 2,298,562 1,002,186 14,503(wu) 5,676(wu) 99,455(wd) 2,288(wd) 10,832,132<br />

Shares and other<br />

variable-yield<br />

securities 49,927 - - - - - - 49,927<br />

Investments 495,282 - 495,000 20(a) - 75(d) - 227<br />

Shares in<br />

affiliated<br />

companies 345 - 25 100(a) - 246(d) - 174<br />

Intangible<br />

fixed assets 6,831 119 - 692(a) - 6,999(d) 274(A) 369<br />

Tangible fixed 45,705 1,573* 20,946 2,580(a) - 24,087(d) 774*(A) 4,133<br />

assets 82 (Di)<br />

Assets<br />

Total 10,310,431 2,300,254 1,518,157 17,895 5,676 130,862 98,275 10,886,962


·· 6. SECURITIES HELD AS FIXED ASSETS<br />

Under point 5 of Assets “Bonds and other fixedincome<br />

securities”, securities with a volume of<br />

€ 10,833.7 million (previous year: € 9,627.4 million)<br />

are, as resolved, treated as fixed assets and<br />

carried at historical cost. The result of writeups/write-downs<br />

in the amount of + € 3,388 k<br />

(previous year: - € 1,013 k) is recorded in the P&L<br />

item “Interest income from fixed-income securities<br />

and government-inscribed debts”. During the<br />

financial year, non-scheduled write-downs in<br />

accordance with Section 253, paragraph 2, sentence<br />

3 of H<strong>GB</strong> due to an expected long-term<br />

impairment of value were reported in the amount<br />

of - € 95,021 k (previous year: - € 5,412 k) under<br />

the P&L item “Write-down of and adjustments to<br />

investments, shares in affiliated companies and<br />

securities treated as fixed assets”. In the case of<br />

the other securities, the good credit rating indicates<br />

no fundamental risks. These commercial<br />

papers, which should remain permanently in the<br />

Bank’s possession, may for the greater part be<br />

used as cover for the issuance of public Pfandbriefe.<br />

Taking into account valuation units, there are hidden<br />

obligations in the amount of € 60.9 million<br />

(previous year: € 71.5 million) for the book values<br />

in the amount of € 7,436.0 million (previous year:<br />

€ 3,377.6 million), alongside hidden reserves in the<br />

amount of € 23.6 million (previous year: € 41.8 million)<br />

for book values in the amount of € 3,397.7 million<br />

(previous year: 6,249.8 million). On balance,<br />

this gives hidden obligations of € 37.3 million (previous<br />

year: € 29.7 million). For the purposes of this<br />

calculation, model values were used for those securities<br />

for which no market values were available.<br />

··· ANNUAL ACCOUNTS ···<br />

Using the same calculation method as in the previous<br />

year (mark to matrix) the figures, taking into<br />

account valuation units, would have been as follows:<br />

hidden obligations in the amount of € 212.5<br />

million compared with hidden reserves of € 22.9<br />

million.<br />

·· 7. FINANCIAL INVESTMENTS (SHARES, INVEST-<br />

MENTS, SHARES IN AFFILIATED COMPANIES)<br />

The holding in RMX Risk Management Exchange<br />

AG, Hanover, included in the item “Shares and<br />

other variable-yield securities” was completely<br />

written off.<br />

The complete disposal of the FT-DTH fund generated<br />

a profit of € 7,707 k during the reporting year.<br />

The HSBC Trinkaus Euro Value Bonds INKA fund<br />

also included here, with a book value of € 49.9 million<br />

(previous year: € 49.9 million) contains hidden<br />

obligations of € 15,802 k (previous year: € 2,192 k).<br />

No write-downs were implemented, as the fund is<br />

not allocated to fixed assets. The reduction in<br />

value is attributable to the general change in the<br />

market in the securities sector. To this extent, we<br />

do not expect the impairment of value to be long<br />

term.<br />

With regard to investments, the 49.5 % share in<br />

Corporate I SICAV, a Luxembourg investment company,<br />

was sold at a loss of € 880 k during the year<br />

under review.<br />

There were no write-downs relating to holdings<br />

during the year under review.<br />

··· 93 ···


··· 94 ···<br />

The affiliated company Terra Grundbesitzgesell-<br />

schaft am Aegi mbH & Co. Grundbesitzerwerbs KG,<br />

Hanover, was dissolved during the reporting year.<br />

·· 8. INTANGIBLE FIXED ASSETS<br />

Intangible fixed assets include other software<br />

licences acquired for a consideration. Additions in<br />

the amount of € 119 k (previous year: € 176 k) related<br />

to other software licences.<br />

·· 9. TANGIBLE FIXED ASSETS<br />

Tangible fixed assets include land and buildings<br />

used by the Bank worth € 1,750 k (previous year:<br />

€ 11,280 k) and plant and equipment totalling<br />

€ 1,664 k (previous year: € 776 k).<br />

During the year under review the two Berlin properties<br />

Friedrichstraße 171 and Uhlandstraße 165<br />

were sold. This generated a profit of € 15,143 k,<br />

which was reported under other operating<br />

income.<br />

·· 10. OWN SHARES<br />

No <strong>Deutsche</strong> <strong>Hypo</strong> shares were offered to our<br />

employees during the year under review.<br />

As at the balance sheet date, the Bank held none<br />

of its own shares in its portfolio.<br />

·· 11. OTHER ASSETS<br />

The adjusting items relating to foreign currency<br />

in the amount of € 472,102 k (previous year:<br />

€ 206,259 k) and claims against the tax authorities<br />

in the amount of € 30,671 k (previous year: € 17,897 k)<br />

are the two largest entries under this item.<br />

Also included under this item is the surrender<br />

value of reinsurance policies in the amount of<br />

€ 3,176 k (previous year: € 3,098 k).<br />

·· 12. DEFERRED ITEMS (IN T MILLIONS)<br />

·· 13. OTHER LIABILITIES<br />

Adjusting items relating to foreign currency are<br />

included here in the amount of € 126,550 k (previous<br />

year: € 154,437 k).<br />

This item also primarily includes pro-rata interest<br />

on participatory capital amounting to € 6.3 million<br />

(previous year. € 7.6 million) and pro-rata interest<br />

on subordinated liabilities amounting to € 5.6 million<br />

(previous year: € 5.7 million).<br />

·· 14. SUBORDINATED LIABILITIES<br />

<strong>2008</strong> 2007<br />

Assets<br />

Issuing discount<br />

from bonds 28.7 41.3<br />

Premium on claims 33.6 38.0<br />

Liabilities<br />

Discount from claims 35.9 41.1<br />

Premium on bonds 22.6 30.0<br />

Subordinated liabilities are subject to nominal<br />

rates of interest of between 4.00 % and 7.05 %<br />

and fall due from 2009 to 2027. Premature repayments<br />

and conversions are excluded.


Individual subordinated liabilities exceeding 10 %<br />

of the total amount posted amount to € 25 million<br />

in nominal terms at an interest rate of 6.25 %, due<br />

in 2011.<br />

The liabilities reported correspond with the<br />

requirements of Section 10, paragraph 5a of the<br />

German Banking Act (KWG).<br />

The sum of € 20.5 million will fall due within the<br />

next two years.<br />

Expenses in the year under review amounted to<br />

€ 12.6 million (previous year: € 13.4 million).<br />

·· 15. PARTICIPATORY CAPITAL<br />

The nominal value of the participatory capital is<br />

€ 108.2 million. The participatory rights meet the<br />

requirements of Section 10, paragraph 5 of the<br />

German Banking Act (KWG). They are divided into<br />

20,000 participation certificates with a nominal<br />

value of € 511.29 each, 68 participation certificates<br />

with a nominal value of € 1.0 million each and 2<br />

participation certificates with a nominal value of<br />

€ 15.0 million each. The term ends on 31 December<br />

2009 (nominal amount of € 10.2 million), on 31<br />

December 2016 (nominal amount of € 63.0 million),<br />

on 29 June 2018 (nominal amount of € 30.0<br />

million) and on 31 December 2018 (nominal<br />

amount of € 5.0 million). The sum of € 10.2 million<br />

will fall due within the next two years.<br />

·· 16. AUTHORISED PARTICIPATORY CAPITAL<br />

As resolved by the General Meeting of 12 May<br />

2005, the Board of Managing Directors may issue<br />

participatory rights as part of one or more issues<br />

··· ANNUAL ACCOUNTS ···<br />

with a total nominal value of € 100 million up until<br />

12 May 2010. To date, € 58 million of this amount<br />

has been issued.<br />

·· 17. SUBSCRIBED CAPITAL<br />

The Bank’s share capital amounts to € 80.64 million,<br />

divided among 13,440,000 unit shares.<br />

·· 18. AUTHORISED CAPITAL<br />

Pursuant to a resolution adopted at the Annual<br />

General Meeting of 12 May 2004, the Board of<br />

Managing Directors is authorised, until 16 May<br />

2009 and with the approval of the Supervisory<br />

Board, to increase the Bank’s share capital once or<br />

on several occasions but by no more than a total<br />

of € 30.0 million by issuing up to 5,000,000 new<br />

bearer shares (after 1:10 share split) in exchange<br />

for cash deposits in accordance with Section 202<br />

et seq. of the Joint Stock Companies Act. This<br />

right was not exercised in the year under review.<br />

·· 19. CAPITAL HELD BY SILENT PARTNERS<br />

At the Bank’s Extraordinary General Meeting held<br />

on 20 January 2000, it was decided to conclude<br />

agreements for setting up undisclosed partnerships.<br />

By 31 January 2000, cash contributions<br />

totalling € 44 million had been made. These contributions<br />

are subject to interest at the following<br />

rates: 8.10 % / 8.16 % or the 12-month EURIBOR<br />

+ 2.6 percentage points. The term ends on 31<br />

December 2011.<br />

The contributions from silent partners are allocated<br />

to the Bank's liable equity capital in accordance<br />

with Section 10, paragraph 4 of the German Banking<br />

Act (KWG).<br />

··· 95 ···


··· 96 ···<br />

·· 20. RESERVES<br />

Reserves in the financial year rose by € 189.9 million to € 561.7 million.<br />

Capital reserves (in € thousands) Other revenue reserves (in € thousands)<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

As at 1.1. 131,314 131,314 240,426 223,136<br />

Allocation based on resolution of the Annual<br />

General Meeting of May <strong>2008</strong> (2007) - - 9,916 5,290<br />

Allocation from net income for the<br />

year <strong>2008</strong> (2007) - - - 12,000<br />

Allocation by Nord/LB 180,000 - - -<br />

As at 31.12. 311,314 131,314 250,342 240,426<br />

·· 21. CONTINGENT LIABILITIES<br />

The items posted are guarantee commitments<br />

and contingent liabilities relating to credit default<br />

swaps.<br />

·· 22. OTHER OBLIGATIONS<br />

Irrevocable credit commitments totalling € 607.9<br />

million relate solely to mortgage loans (previous<br />

year: € 857.1 million).<br />

·· 23. FOREIGN-CURRENCY POSITIONS<br />

The amounts posted in the balance sheet and<br />

denominated in foreign currencies can be broken<br />

down as follows (in € millions):<br />

<strong>2008</strong> 2007<br />

Assets*) 5,447.2 4,988.8<br />

Liabilities*) 2,337.0 1,947.1<br />

Other obligations 347.6 494.4<br />

Contingent liabilities 159.6 153.1<br />

*) including the foreign currency adjusting items under<br />

“Other assets” and “Other liabilities”.<br />

·· 24. REPURCHASE TRANSACTIONS<br />

As at the balance sheet date, nine foreign securities<br />

with a book value of € 546.3 million (previous<br />

year: € 584.6 million) had been subject to repurchase<br />

agreements.<br />

·· 25. OPEN MARKET TRANSACTIONS<br />

As at 31 December <strong>2008</strong>, securities with a nominal<br />

value of € 3,752 million (previous year: € 2,369<br />

million) were blocked with the German Bundesbank<br />

for overdraft facilities and open market transactions.<br />

As at the balance sheet date, open-market<br />

credits in the total amount of € 2,172 million<br />

(previous year: € 1,400 million) had been utilised.<br />

As in the previous year, no own bonds were<br />

pledged as collateral for transactions on EUREX.


·· 26. INFORMATION ON COVER ASSETS<br />

Disclosure in accordance with Section 28, paragraph<br />

2, no. 1a of the German Pfandbrief Act<br />

Claims used to cover mortgage Pfandbriefe by size<br />

Mortgage loans serving as cover<br />

<strong>2008</strong> <strong>2008</strong> 2007 2007<br />

€ millions units € millions units<br />

up to and<br />

including € 300,000 720 9,744 783 10,634<br />

over € 300,000 up to<br />

and including € 5 million 1,288 999 1,358 1,081<br />

more than € 5 million 3,592 293 3,370 277<br />

5,600 11,036 5,511 11,992<br />

··· ANNUAL ACCOUNTS ···<br />

Disclosure in accordance with Section 28, paragraphs<br />

2 and 3 of the German Pfandbrief Act<br />

Overdue payments relating to mortgage claims<br />

Mortgage loans serving as cover<br />

Germany<br />

<strong>2008</strong> <strong>2008</strong> 2007 2007<br />

€ millions units € millions units<br />

Total amount<br />

of payments<br />

overdue by<br />

at least 90 days 4 31 2 35<br />

4 31 2 35<br />

There were no overdue payments on mortgage claims relating<br />

to other states, as was also the case during the previous year.<br />

··· 97 ···


··· 98 ···<br />

Disclosure in accordance with Section 28, paragraph 2, no. 1b and c of the German Pfandbrief Act<br />

Claims used to cover mortgage Pfandbriefe according to region in which the mortgaged property is located and<br />

according to type of use<br />

Mortgage loans serving as cover<br />

Germany United Kingdom Netherlands France<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

€ millions € millions € millions € millions € millions € millions € millions € millions<br />

Apartments 485 530 0 0 4 24 0 0<br />

Detached family homes 169 185 29 0 7 8 0 0<br />

Multifamily homes 902 921 11 0 2 7 18 18<br />

Office buildings 644 537 256 364 194 160 154 170<br />

Commercial buildings 1,177 1,098 169 187 79 87 13 0<br />

Industrial buildings 18 21 29 18 1 16 0 0<br />

Other<br />

commercial use 284 318 187 149 110 95 23 23<br />

Building sites 3 0 0 0 0 0 0 0<br />

Mortgage loans serving as cover<br />

3,682 3,610 681 718 397 397 208 211<br />

Spain Belgium USA<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

€ millions € millions € millions € millions € millions € millions<br />

Apartments 0 0 0 0 0 1<br />

Detached family homes 0 0 0 0 0 0<br />

Multifamily homes 0 0 0 0 121 124<br />

Office buildings 25 20 3 3 168 137<br />

Commercial buildings 50 52 0 0 41 40<br />

Industrial buildings 0 0 0 0 0 0<br />

Other<br />

commercial use 43 26 0 0 152 145<br />

Building sites 0 0 0 0 29 27<br />

118 98 3 3 511 474


Cover assets<br />

··· ANNUAL ACCOUNTS ···<br />

Disclosure in accordance with Section 28, paragraph 3, nos. 1 and 2 of the German Pfandbrief Act<br />

Claims used to cover public Pfandbriefe<br />

Cover assets<br />

Germany Belgium European Union France<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

€ millions € millions € millions € millions € millions € millions € millions € millions<br />

Central state<br />

Regional<br />

256 353 10 93 160 167 0 0<br />

authority<br />

Local<br />

4,103 4,995 213 55 0 0 6 14<br />

authority 41 59 0 0 0 0 0 0<br />

Other 6,635 7,850 140 140 117 86 101 12<br />

11,035 13,257 363 288 277 253 107 26<br />

Greece United Kingdom Ireland Iceland<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

€ millions € millions € millions € millions € millions € millions € millions € millions<br />

Central state<br />

Regional<br />

113 83 0 0 0 0 0 0<br />

authority<br />

Local<br />

0 0 0 0 0 0 0 0<br />

authority 0 0 0 0 0 0 0 0<br />

Other 10 0 68 212 26 20 20 19<br />

Cover assets<br />

123 83 68 212 26 20 20 19<br />

Italy Japan Canada Latvia<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

€ millions € millions € millions € millions € millions € millions € millions € millions<br />

Central state<br />

Regional<br />

615 689 185 175 0 0 8 0<br />

authority<br />

Local<br />

724 734 159 129 132 111 17 16<br />

authority 0 0 0 0 0 0 0 0<br />

Other 12 0 199 213 65 61 0 0<br />

1,351 1,423 543 517 197 172 25 16<br />

··· 99 ···


··· 100 ···<br />

Cover assets<br />

Cover assets<br />

Luxembourg Netherlands Norway Austria<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

€ millions € millions € millions € millions € millions € millions € millions € millions<br />

Central state<br />

Regional<br />

0 0 0 0 0 0 625 659<br />

authority<br />

Local<br />

0 0 5 5 0 0 0 0<br />

authority 0 0 0 0 0 0 0 0<br />

Other 420 85 131 63 25 0 728 780<br />

Cover assets<br />

420 85 136 68 25 0 1,353 1,439<br />

Poland Portugal Sweden Switzerland<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

€ millions € millions € millions € millions € millions € millions € millions € millions<br />

Central state<br />

Regional<br />

98 63 112 101 56 56 0 0<br />

authority<br />

Local<br />

0 0 0 0 29 33 111 100<br />

authority 0 0 0 0 0 0 0 0<br />

Other 0 0 0 0 0 0 134 141<br />

98 63 112 101 85 89 245 241<br />

Spain Hungary USA Other<br />

supranational<br />

institutions<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

€ millions € millions € millions € millions € millions € millions € millions € millions<br />

Central state<br />

Regional<br />

0 0 115 48 0 0 0 0<br />

authority<br />

Local<br />

466 624 0 0 328 218 0 0<br />

authority 0 0 0 0 0 0 0 0<br />

Other 134 398 0 0 20 0 169 83<br />

600 1,022 115 48 348 218 169 83


Disclosure in accordance with Section 28, paragraph 3, no. 2 of the German Pfandbrief Act<br />

Total amount of payments overdue by at least 90 days relating to public claims<br />

Cover assets<br />

··· ANNUAL ACCOUNTS ···<br />

<strong>2008</strong> <strong>2008</strong> 2007 2007<br />

€ millions units € millions units<br />

Total amount of payments overdue by at least 90 days 0 0 0 0<br />

0 0 0 0<br />

Disclosure in accordance with Section 28, paragraph 1, nos. 1 to 3 of the German Pfandbrief Act<br />

Pfandbriefe in circulation and the related cover assets:<br />

a) Total amount Nominal Net present value Risk net present value *)<br />

of outstanding <strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

€ millions € millions € millions € millions € millions € millions<br />

Mortgage Pfandbriefe 5,733 5,222 6,064 5,275 6,484 5,602<br />

of which derivatives 0 0 – 16 0 – 4 0<br />

Cover pool 6,512 5,929 6,973 6,090 7,098 6,190<br />

of which derivatives 0 0 36 6 104 38<br />

Surplus cover 779 707 909 815 614 588<br />

*) Calculation of risk present value using dynamic simulation method in accordance with PfandBG<br />

re a) maturity structure (residual maturity)<br />

<strong>2008</strong><br />

over 1 year more than 5<br />

up to and and up to years and up<br />

including and including to and including more than<br />

1 year 5 years 10 years 10 years<br />

€ millions € millions € millions € millions<br />

Mortgage<br />

Pfandbriefe 1,225 2,424 1,651 433<br />

Cover pool 2,516 2,339 1,261 396<br />

2007<br />

over 1 year more than 5<br />

up to and and up to years and up<br />

including and including to and including more than<br />

1 year 5 years 10 years 10 years<br />

€ millions € millions € millions € millions<br />

858 781 3,046 537<br />

2,200 2,180 1,409 140<br />

··· 101 ···


··· 102 ···<br />

b) Total amount Nominal Net present value Risk net present value *)<br />

of outstanding <strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

€ millions € millions € millions € millions € millions € millions<br />

Public Pfandbriefe 17,366 18,642 18,314 18,640 16,817 19,636<br />

of which derivatives 0 0 0 0 3 0<br />

Cover pool 17,841 19,743 19,540 20,603 17,961 21,459<br />

of which derivatives 0 0 11 4 23 15<br />

Surplus cover 475 1,101 1,226 1,963 1,144 1,823<br />

*) Calculation of risk present value using dynamic simulation method in accordance with PfandBG<br />

re b) maturity structure (residual maturity)<br />

<strong>2008</strong><br />

over 1 year more than 5<br />

up to and and up to years and up<br />

including and including to and including more than<br />

1 year 5 years 10 years 10 years<br />

€ millions € millions € millions € millions<br />

Public<br />

Pfandbriefe 3,244 6,866 4,057 3,199<br />

Cover pool 3,644 6,000 5,666 2,531<br />

Portfolio changes and new loans (in € millions)<br />

(excluding interest and cost claims)<br />

Mortgage loans Public-sector loans<br />

Portfolio as at 31/12/2007 8,579.3 11,764.6<br />

Additions<br />

New loans + 1,836.8 + 940.0<br />

Regroupings and valuation adjustments – 274.1 – 53.4<br />

Disposals<br />

Scheduled redemptions – 289.3 – 2,129.8<br />

of which: residential – 70.9 – 0.1<br />

commercial − 218.4 − 2,129.7<br />

Non-scheduled redemptions − 716.4 − 185.6<br />

of which: residential − 256.2 − 0.0<br />

commercial − 460.2 − 185.6<br />

Portfolio as at 31/12/<strong>2008</strong> 9,136.3 10,335.8<br />

2007<br />

over 1 year more than 5<br />

up to and and up to years and up<br />

including and including to and including more than<br />

1 year 5 years 10 years 10 years<br />

€ millions € millions € millions € millions<br />

2,097 8,902 4,130 3,513<br />

3,375 6,930 6,666 2,772


Cover for bonds in circulation (in € millions)<br />

··· ANNUAL ACCOUNTS ···<br />

<strong>2008</strong> 2007<br />

Bonds issued 26,399 28,315<br />

plus: registered Pfandbriefe<br />

delivered to the lenders<br />

as security for loans - -<br />

registered public Pfandbriefe - -<br />

Bonds in circulation 26,399 28,315<br />

plus: certificates issued but not yet sold (treasury paper) - -<br />

minus: bonds not requiring cover<br />

(previously Section 5, paragraph 1, no. 4c of the<br />

German Mortgage Bank Act) – 3,300 – 4,451<br />

Total amount in circulation requiring cover 23,099 23,864<br />

This compares with the following cover assets: (in € millions)<br />

for mortgage Pfandbriefe for public Pfandbriefe<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

Ordinary cover<br />

Placements with, and loans and advances to, other banks<br />

Mortgage loans - - - -<br />

Public-sector loans - - 3,963 4,582<br />

Due from non-bank customers<br />

Mortgage loans 5,600 5,511 - -<br />

Public-sector loans - - 6,443 7,235<br />

Bonds of public-sector issuers - - 6,485 7,926<br />

5,600 5,511 16,891 19,743<br />

Substitute cover<br />

Other monies due from banks 100 - 950 -<br />

Bonds and other<br />

yield securities 812 418 - -<br />

912 418 950 -<br />

Total value of cover 6,512 5,929 17,841 19,743<br />

Total amount in circulation requiring cover 5,733 5,222 17,366 18,642<br />

Surplus cover 779 707 475 1,101<br />

··· 103 ···


··· 104 ···<br />

Foreclosures/sequestrations<br />

·· PROPERTIES TAKEN OVER<br />

No property was taken over in <strong>2008</strong> (as in the previous<br />

year) to protect our mortgage charges.<br />

·· VALUE-ADJUSTED INTEREST ARREARS<br />

The interest arrears totalling € 1.4 million accumulated<br />

from 01/10/2007 – 30/09/<strong>2008</strong> were fully<br />

value-adjusted.<br />

€ millions € millions<br />

<strong>2008</strong> 2007<br />

of which:<br />

land used for residential purposes 0.5 0.3<br />

land used for commercial purposes 0.9 0.5<br />

As at 31 December<br />

Foreclosures Sequestrations Foreclosures<br />

pending pending executed<br />

<strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007<br />

Land used for<br />

residential purposes 40 35 19 16 8 9<br />

Land used for<br />

commercial purposes 14 20 11 19 2 5<br />

Total 54 55 30 35 10 14<br />

·· OTHER INFORMATION<br />

·· 27. FORWARD TRANSACTIONS IN<br />

ACCORDANCE WITH SECTION 36 OF<br />

THE ORDINANCE ON THE PRESENTATION<br />

OF ACCOUNTS OF GERMAN BANKS<br />

(RECHKREDV) (IN T MILLIONS)<br />

Forward translations include forward exchange<br />

transactions used to hedge against positions in<br />

<strong>GB</strong>P, USD and CHF and due to expire on 1 July<br />

2009 at the latest.<br />

The remaining positions shown are all OTC products<br />

used as components of micro-hedges and<br />

macro-hedges to hedge against interest rate and<br />

currency risks and to improve and/or safeguard<br />

margins in loan business and investments in foreign<br />

securities.<br />

Market values represent the current value of the<br />

derivatives at market conditions (yield curves,<br />

forex rates etc.) including accrued interest. Model<br />

values have been used for credit derivatives (TRS<br />

and CDS) since <strong>2008</strong>.


The values calculated in this way are summarised<br />

by product groups in the following tables. This is in<br />

line with the requirements of Section 285, no. 18 of<br />

H<strong>GB</strong>. The market values calculated in this way are<br />

required to calculate the credit equivalent amount<br />

in accordance with Principle I, taking account of<br />

netting as recognised under supervisory law.<br />

2007 Nominal amount<br />

Remaining term<br />

··· ANNUAL ACCOUNTS ···<br />

With regard to the credit derivatives, use of the<br />

mark-to-market method, as applied in the previous<br />

year, would have given a market value of - € 63.17<br />

million for CDS and € 31.38 million for TRS.<br />

< = 1 year 1– 5 years > 5 years Total Market values<br />

Currency-related transactions<br />

Forward exchange 3,308.87 0 0 3,308.87 83.13<br />

Cross-currency swaps 163.00 976.64 952.86 2,092.50 − 23.36<br />

Interest rate-related transactions<br />

Interest rate swaps 5,242.20 14,111.87 20,517.95 39,872.02 − 649.43<br />

Interest rate options (sales) 0 0 91.96 91.96 − 17.82<br />

Transactions involving other price risks<br />

Equity-linked swaps 40.00 0 0 40.00 − 0.95<br />

Credit derivatives<br />

Total return swaps 0 0 670.00 670.00 62.05<br />

Credit default swaps 0 0 588.14 588.14 − 8.26<br />

<strong>2008</strong> Nominal amount<br />

Term to maturity<br />

< = 1 year 1– 5 years > 5 years Total Market values<br />

Currency-related transactions<br />

Forward exchange 2,681.28 0.00 0.00 2,681.28 282.64<br />

Cross-currency swaps 247.01 1,261.27 1,125.63 2,633.91 − 36.72<br />

Interest rate-related transactions<br />

Interest rate swaps 7,148.71 13,136.43 19,697.79 39,982.92 − 734.64<br />

Interest rate options (sales) 0.00 0.00 30.70 30.70 − 14.92<br />

Transactions involving other price risks<br />

Equity-linked swaps 0.00 0.00 0.00 0.00 0.00<br />

Credit derivatives<br />

Total return swaps 0.00 0.00 698.25 698.25 122.59<br />

Credit default swaps 0.00 0.00 594.59 594.59 − 4.73<br />

··· 105 ···


··· 106 ···<br />

The balanced present values of - € 385.78 million can<br />

be broken down by counterparty into positive present<br />

values of € 555.42 million and negative net values<br />

of € 941.20 million.<br />

To hedge the derivative risks after netting, <strong>Deutsche</strong><br />

<strong>Hypo</strong>thekenbank enters into security agreements<br />

with some of its business partners. As at 31 December<br />

<strong>2008</strong>, <strong>Deutsche</strong> <strong>Hypo</strong>thekenbank had provided<br />

security of € 742.78 million and received security of<br />

€ 326.54 million.<br />

·· 29. SUPERVISORY BOARD<br />

·· 28.NUMBER OF EMPLOYEES<br />

(YEARLY AVERAGE)<br />

Alexander Stuhlmann to 15 February <strong>2008</strong><br />

Düsseldorf<br />

Chairman of the Board of<br />

Management of WestLB AG<br />

– Chairman –<br />

Eckhard Forst from 16 February <strong>2008</strong><br />

Hanover<br />

Member of the Board of Management of<br />

Norddeutsche Landesbank Girozentrale<br />

– Chairman – to 31 December <strong>2008</strong><br />

– Vice-Chairman – from 1 January 2009<br />

Dr. Gunter Dunkel from 16 February <strong>2008</strong><br />

Hanover<br />

Vice-Chairman of the Board of Management<br />

of Norddeutsche Landesbank Girozentrale<br />

to 31 December <strong>2008</strong><br />

Since 1 January 2009<br />

Chairman of the Board of Management of<br />

Norddeutsche Landesbank Girozentrale<br />

– Vice-Chairman – to 31 December <strong>2008</strong><br />

– Chairman – from 1 January 2009<br />

(in accordance with Section 285, paragraph<br />

7/Section 267, paragraph 5 of the German<br />

Commercial Code)<br />

<strong>2008</strong> 2007<br />

Female employees 93 82<br />

Male employees 134 123<br />

Total 227 205


Dietmar Schmid to 15 February <strong>2008</strong><br />

Frankfurt am Main<br />

Member of the Board of Managing Directors<br />

of BHF-BANK AG<br />

– Vice-Chairman –<br />

Dr. Jürgen Allerkamp from 21 May <strong>2008</strong><br />

Hanover<br />

Member of the Board of Management of<br />

Norddeutsche Landesbank Girozentrale<br />

Jochen Döhle to 15 February <strong>2008</strong><br />

Hamburg<br />

Personally liable partner of<br />

PETER DÖHLE Schiffahrts-KG<br />

Reinhard Drexler* 1)<br />

Hanover<br />

Bank employee<br />

Michael Gehrig* 1)<br />

Hanover<br />

Bank employee<br />

Friedrich Carl Janssen to 31 December <strong>2008</strong><br />

Cologne<br />

Personally liable partner of Sal.<br />

Oppenheim jr. & Cie. KGaA<br />

Jürgen Kösters from 16 February <strong>2008</strong><br />

Hanover to 20 May <strong>2008</strong><br />

Member of the Board of Management of<br />

Norddeutsche Landesbank Girozentrale<br />

to 31 March <strong>2008</strong><br />

* 1) elected by the employees<br />

··· ANNUAL ACCOUNTS ···<br />

··· 107 ···


··· 108 ···<br />

Joachim Olearius to 15 February <strong>2008</strong><br />

Hamburg<br />

Executive Manager of<br />

M. M. Warburg & CO Kommanditgesellschaft<br />

auf Aktien<br />

Dr. Hannes Rehm from 16 February <strong>2008</strong><br />

Hanover to 20 February 2009<br />

Chairman of the Board of Management of<br />

Norddeutsche Landesbank Girozentrale<br />

to 31 December <strong>2008</strong><br />

Dr. Johannes-Jörg Riegler from 16 February <strong>2008</strong><br />

Hanover<br />

Member of the Board of Management of<br />

Norddeutsche Landesbank Girozentrale<br />

Max Warburg to 15 February <strong>2008</strong><br />

Hamburg<br />

Personally liable partner of<br />

M. M. Warburg & CO<br />

Kommanditgesellschaft auf Aktien<br />

Frank Wolff * 1)<br />

Hanover<br />

Bank employee<br />

* 1) elected by the employees


·· 30. BOARD OF MANAGING DIRECTORS<br />

(including information on positions on supervisory<br />

boards and other corporate bodies in<br />

accordance with Section 285, no. 10 of the<br />

German Commercial Code)<br />

Jürgen Grieger, Hanover<br />

RMX Risk Management Exchange AG,<br />

Hanover<br />

NORD/LB COVERED FINANCE BANK S.A.,<br />

Luxembourg<br />

Jürgen Morr, Hanover<br />

<strong>Hypo</strong> Real Estate Systems GmbH, Stuttgart<br />

(formerly GfA-Gesellschaft für Anwendungssoftware<br />

mbH)<br />

Andreas Pohl, Hanover<br />

from 1 March <strong>2008</strong><br />

Andreas Rehfus, Hanover<br />

RMS GmbH RISK MANAGEMENT SOLUTIONS,<br />

Cologne<br />

··· ANNUAL ACCOUNTS ···<br />

Member of the<br />

Supervisory Board to 26 June <strong>2008</strong><br />

Member of the<br />

Board of Directors from 1 May <strong>2008</strong><br />

to 31 December <strong>2008</strong><br />

Member of the<br />

Supervisory Board from 1 January 2009<br />

Member of the<br />

Supervisory Board to 31 January <strong>2008</strong><br />

Member of the<br />

Supervisory Board from 13 February <strong>2008</strong><br />

··· 109 ···


··· 110 ···<br />

·· 31. EMOLUMENTS OF THE BOARD<br />

OF MANAGING DIRECTORS AND<br />

SUPERVISORY BOARD<br />

Emoluments paid to the Board of Managing<br />

Directors for the <strong>2008</strong> financial year amounted to<br />

€ 987.0 k (previous year: € 1,310.0 k). Fixed payments<br />

amounted to € 987.0 k (previous year:<br />

€ 723.2 k). The variable component amounted to<br />

€ 0.0 k (previous year: € 586.8 k).<br />

Former Members of the Board of Managing<br />

Directors and their surviving dependents received<br />

€ 657.0 k (previous year: € 610.8 k). The pension<br />

provisions made for this group of persons totalled<br />

€ 6,095.0 k (previous year: € 6,461.3 k).<br />

The emoluments paid to the Supervisory Board<br />

totalled € 129 k (previous year: € 354 k), of which<br />

€ 129 k (previous year: € 149 k) was a fixed component<br />

(excluding turnover tax).<br />

·· 32. LOANS GRANTED TO THE BOARD<br />

OF MANAGING DIRECTORS AND<br />

SUPERVISORY BOARD (IN T THOUSANDS)<br />

As at the balance sheet date, the following loans<br />

had been granted to the members of the corporate<br />

bodies:<br />

<strong>2008</strong> 2007<br />

Members of the Supervisory Board 150.0 -<br />

Members of the Board<br />

of Managing Directors - 15.4<br />

The interest rate of 3.96 % was a standard market<br />

rate on the date of the loan commitment. The redemption<br />

rate is 2 %.<br />

·· 33. OTHER OPERATING INCOME<br />

In addition to income of € 15.1 million from the sale<br />

of two properties in Berlin, this item predominantly<br />

includes income from land and property of € 1.7 million,<br />

income from the writing back of provisions in<br />

the amount of € 1.3 million and income from the<br />

reimbursement of interest on taxes in the amount<br />

of € 1.4 million.<br />

·· 34. OTHER OPERATING EXPENSES<br />

This item primarily includes payments price losses<br />

from currency transactions, totalling € 3.0 million,<br />

and expenses relating to buildings managed by third<br />

parties in the amount of € 0.4 million.<br />

·· 35. BREAKDOWN OF TAXES ON INCOME<br />

The positive income taxes of € 3.6 million reported<br />

(previous year: - € 12.5 million) can essentially be attributed<br />

to income of € 6.1 million and expenses of<br />

€ 2.7 million from the correction of tax provisions<br />

and claims following a successful appeal against the<br />

external tax audit for the years 1999 to 2002.<br />

Income of € 0.4 million relates to the adjustment of<br />

the cash value of the corporation tax credit.


·· 36. WRITE-DOWNS OF AND ADJUSTMENTS<br />

TO INVESTMENTS, SHARES IN AFFILIATED<br />

COMPANIES AND SECURITIES TREATED AS<br />

FIXED ASSETS<br />

Write-downs in relation to foreign securities held as<br />

fixed assets accounted for € 95.0 million.<br />

A net profit of € 2.2 million was generated from the<br />

closing of micro-hedges for securities held as fixed<br />

assets.<br />

The sale of an investment resulted in a loss of € 0.9<br />

million being realised.<br />

·· 37. FEE FOR AUDITING AND CONSUL-<br />

TANCY SERVICES OF AUDITOR<br />

a) € 650 k (previous year: € 500 k) for the audit of<br />

the annual accounts<br />

b) € 300 k (previous year: € 122 k) for other attestation<br />

services<br />

c) € 0 (previous year: € 533 k) for other services<br />

·· INVESTMENTS AND<br />

GROUP AFFILIATION<br />

··· ANNUAL ACCOUNTS ···<br />

·· 38. HOLDINGS SUBJECT TO DISCLOSURE<br />

REQUIREMENTS<br />

(pursuant to Section 160 (1) no. 8 AktG in<br />

conjunction with Section 21 (1) WpHG and<br />

Section 25 (1) WpHG)<br />

As formally stated, the following companies have<br />

a holding in our company (up to 8 January <strong>2008</strong>):<br />

·· BHF-BANK Aktiengesellschaft, Frankfurt am Main<br />

·· M.M. Warburg & CO Gruppe KGaA, Hamburg<br />

·· Döhle ICL Beteiligungsgesellschaft mbH,<br />

Hamburg<br />

·· Josef H. Boquoi-Stiftung, Lübeck<br />

·· COREALCREDIT BANK AG, Frankfurt am Main<br />

·· Union Investment Institutional GmbH,<br />

Frankfurt am Main<br />

Since 8 January <strong>2008</strong>:<br />

Norddeutsche Landesbank Girozentrale, Hanover<br />

·· 39. GROUP AFFILIATION<br />

Norddeutsche Landesbank Girozentrale, Hanover,<br />

has held the majority share (97.612 %) of our company's<br />

share capital since 8 January <strong>2008</strong> and has<br />

been the sole shareholder since 9 December <strong>2008</strong>.<br />

In accordance with Section 271 para 2 of H<strong>GB</strong>,<br />

<strong>Deutsche</strong> <strong>Hypo</strong>thekenbank (Actien-Gesellschaft) is<br />

an affiliated company of NORD/LB and is included<br />

in the consolidated accounts of NORD/LB. These<br />

consolidated financial statements will be published<br />

in the electronic Federal Gazette on 29 April 2009.<br />

··· 111 ···


··· 112 ···<br />

·· 40. EQUITY HOLDINGS IN OTHER COMPANIES (IN T THOUSANDS )<br />

The following list details holdings in other companies in accordance with Section 285,<br />

no. 11 of the Commercial Code:<br />

Shareholding Result Result<br />

% Capital <strong>2008</strong> 2007<br />

<strong>Deutsche</strong> <strong>Hypo</strong> B.V., Amsterdam 100.0 64 – 7 213<br />

<strong>Deutsche</strong> <strong>Hypo</strong> Consulting GmbH i.L., Hanover 100.0 9 – 1 0<br />

<strong>Deutsche</strong> <strong>Hypo</strong> Immobilien GmbH i.L., Hanover 100.0 89 – 1 0<br />

Terra Grundbesitzgesellschaft am Aegi mbH, Hanover 1) 100.0 57 0 0<br />

1) Profit and loss transfer agreement<br />

Hanover, 3 March 2009<br />

The Board of Managing Directors<br />

Grieger Morr Pohl Rehfus


··· ANNUAL ACCOUNTS ···<br />

··· 113 ···


··· 114 ···<br />

RESPONSIBILITY STATEMENT<br />

“We guarantee that, to the best of our knowledge,<br />

and in accordance with the applicable reporting principles<br />

for annual financial reporting, the annual financial<br />

statements give a true and fair view of the<br />

assets, liabilities, financial position and profit or loss<br />

of the Bank, and the management report includes a<br />

fair review of the development and performance of<br />

the business and position of the Bank, together with<br />

a description of the principal opportunities and risks<br />

associated with the expected development of the<br />

Bank.”<br />

Hanover, 3 March 2009<br />

The Board of Managing Directors<br />

Grieger Morr Pohl Rehfus


AUDITOR’S REPORT<br />

We have audited the annual financial statements,<br />

comprising the balance sheet, the income statement<br />

and the notes to the financial statements, together<br />

with the bookkeeping system, and the management<br />

report of the <strong>Deutsche</strong> <strong>Hypo</strong>thekenbank (Actien-<br />

Gesellschaft), Hannover/Berlin, for the business year<br />

from January 1 to December 31, <strong>2008</strong>. The maintenance<br />

of the books and records and the preparation of<br />

the annual financial statements and management<br />

report in accordance with German commercial law<br />

are the responsibility of the Company's management.<br />

Our responsibility is to express an opinion on<br />

the annual financial statements, together with the<br />

bookkeeping system, and the management report<br />

based on our audit.<br />

We conducted our audit of the annual financial statements<br />

in accordance with § 317 H<strong>GB</strong> “German Commercial<br />

Code” and German generally accepted standards<br />

for the audit of financial statements<br />

promulgated by the Institut der Wirtschaftsprüfer<br />

(IDW). Those standards require that we plan and perform<br />

the audit such that misstatements materially<br />

affecting the presentation of the net assets, financial<br />

position and results of operations in the annual financial<br />

statements in accordance with German principles<br />

of proper accounting and in the management<br />

report are detected with reasonable assurance.<br />

Knowledge of the business activities and the economic<br />

and legal environment of the Company and<br />

expectations as to possible misstatements are taken<br />

into account in the determination of audit procedures.<br />

The effectiveness of the accounting-related internal<br />

control system and the evidence supporting the<br />

disclosures in the books and records, the annual<br />

financial statements and the management report are<br />

examined primarily on a test basis within the framework<br />

of the audit. The audit includes assessing the<br />

accounting principles used and significant estimates<br />

made by management, as well as evaluating the overall<br />

presentation of the annual financial statements<br />

and management report. We believe that our audit<br />

provides a reasonable basis for our opinion.<br />

Our audit has not led to any reservations.<br />

In our opinion, based on the findings of our audit, the<br />

annual financial statements comply with the legal<br />

requirements and give a true and fair view of the net<br />

assets, financial position and results of operations of<br />

the <strong>Deutsche</strong> <strong>Hypo</strong>thekenbank (Actien-Gesellschaft)<br />

in accordance with German principles of proper<br />

accounting. The management report is consistent<br />

with the annual financial statements and as a whole<br />

provides a suitable view of the Company's position<br />

and suitably presents the opportunities and risks of<br />

future development.<br />

Hamburg, 3 March 2009<br />

KPMG AG Wirtschaftsprüfungsgesellschaft<br />

(formerly KPMG <strong>Deutsche</strong> Treuhand-Gesellschaft<br />

Aktiengesellschaft Wirtschaftsprüfungsgesellschaft)<br />

Madsen Leitz<br />

Auditor Auditor<br />

··· 115 ···


··· 116 ···<br />

REPORT OF THE SUPERVISORY BOARD<br />

The Supervisory Board performed the tasks required<br />

of it by law, under the Bank's Articles of Association<br />

and in accordance with the German Corporate Governance<br />

Code during <strong>2008</strong>. It monitored the management<br />

of the Board of Managing Directors and was on<br />

hand to provide advice. The Supervisory Board was<br />

kept up to date on <strong>Deutsche</strong> <strong>Hypo</strong>'s economic situation<br />

through the provision of verbal and written<br />

reports from the Board of Managing Directors.<br />

There were five ordinary meetings of the Supervisory<br />

Board during the <strong>2008</strong> financial year.<br />

As at 8 January <strong>2008</strong>, NORD/LB had acquired more<br />

than 95 % of <strong>Deutsche</strong> <strong>Hypo</strong> shares in the context of<br />

its takeover offer. Due to this change in ownership,<br />

Jochen Döhle, Joachim Olearius, Dietmar Schmid,<br />

Alexander Stuhlmann and Max Warburg duly<br />

resigned from the Supervisory Board with effect<br />

from 15 February <strong>2008</strong>. With effect from 16 February<br />

<strong>2008</strong>, Hanover Local Court, upon application,<br />

appointed Dr. Gunter Dunkel, Eckhard Forst, Jürgen<br />

Kösters, Dr. Hannes Rehm und Dr. Johannes-Jörg<br />

Riegler as new members of the Supervisory Board.<br />

The duration of their appointment was limited until<br />

the close of the ordinary General Meeting of<br />

<strong>Deutsche</strong> <strong>Hypo</strong> on 21 May <strong>2008</strong>.<br />

At the Supervisory Board meeting on 18 February<br />

<strong>2008</strong>, Mr Forst was elected Chairman of the Supervisory<br />

Board, with Dr. Dunkel being elected as Vice-<br />

Chairman. The members of the Supervisory Board’s<br />

committees were also elected at this meeting.<br />

On 21 Mai <strong>2008</strong> the General Meeting appointed Dr.<br />

Jürgen Allerkamp, Dr. Gunter Dunkel, Eckhard Forst,<br />

Dr. Hannes Rehm and Dr. Johannes-Jörg Riegler to<br />

the Supervisory Board. At the Supervisory Board<br />

meeting directly following the General Meeting, Mr<br />

Forst was once again elected Chairman of the Supervisory<br />

Board, with Dr. Dunkel again being elected as<br />

Vice-Chairman. The members of the Supervisory<br />

Board’s committees were also elected at this meeting.<br />

At its meeting on 18 December <strong>2008</strong>, the Supervisory<br />

Board elected Dr. Dunkel as Chairman of the<br />

Supervisory Board with effect from 1 January 2009,<br />

with Mr Forst being elected as Vice-Chairman with<br />

effect from 1 January 2009. Additionally, minor<br />

changes were made to the composition of the Supervisory<br />

Board’s committees, also with effect from<br />

1 January 2009.<br />

Friedrich Carl Janssen resigned from his position on<br />

the Supervisory Board with effect from 31 December<br />

<strong>2008</strong>.<br />

The Supervisory Board wishes to thank these members<br />

for their dedication and constructive cooperation.<br />

Outside its meetings, the Supervisory Board<br />

received comprehensive information on the Bank’s<br />

situation and development in the form of reports. The<br />

reporting system in place encompasses quarterly<br />

risk reports in accordance with the provisions of the<br />

Minimum Requirements for Risk Management<br />

(MaRisk), as well as monthly reports on the Bank's<br />

business development and income situation. Furthermore,<br />

the Chairman of the Supervisory Board and<br />

the Board of Managing Directors of <strong>Deutsche</strong> <strong>Hypo</strong><br />

were in touch with each other on an ongoing basis for<br />

the purposes of exchanging information on basic


strategic policy issues, the loan portfolio, the overall<br />

risk situation and the income situation of the Bank, as<br />

well as other material activities.<br />

Some of the tasks of the Supervisory Board were<br />

also dealt with by the committees.<br />

The Lending Committee assessed all credits involving<br />

large scale risks or an elevated degree of risk. It<br />

also looked at credit rating and country risks, as well<br />

as issues relating to risk management, risk controlling<br />

and the structure of the entire loan portfolio. The<br />

Lending Committee usually makes its decisions by<br />

means of circulating the relevant documents. In<br />

response to the financial crisis, a comprehensive<br />

analysis of <strong>Deutsche</strong> <strong>Hypo</strong>’s risk situation was also<br />

carried out during a meeting in November <strong>2008</strong> attended<br />

by the members in person. In future, meetings of<br />

the Lending Committee will take place regularly.<br />

The Audit Committee met on three occasions during<br />

the year under review. The meeting in March <strong>2008</strong><br />

focused on the annual accounts for 2007 and the<br />

auditor's report, a session that was also attended by<br />

representatives of the auditor. At a meeting in<br />

August <strong>2008</strong>, the Audit Committee concerned itself<br />

with <strong>Deutsche</strong> <strong>Hypo</strong>’s half-yearly financial report. The<br />

meeting in October <strong>2008</strong> also focused on the Bank's<br />

income situation based on the interim statement as<br />

at 30 September <strong>2008</strong>.<br />

The Personnel Committee met twice during the<br />

financial year under review, dealing with matters<br />

relating to the Board of Managing Directors.<br />

KPMG AG Wirtschaftsprüfungsgesellschaft (formerly<br />

KPMG <strong>Deutsche</strong> Treuhand-Gesellschaft Aktiengesell-<br />

schaft Wirtschaftsprüfungsgesellschaft), the auditor<br />

··· REPORT OF THE SUPERVISORY BOARD ···<br />

elected by the General Meeting and commissioned<br />

by the Supervisory Board, has audited the bookkeeping<br />

method, Management Report and Annual Accounts<br />

for the period from 1 January to 31 December <strong>2008</strong><br />

and awarded an unqualified audit certificate. This confirms<br />

that the bookkeeping and annual accounts<br />

comply with the statutory requirements and that the<br />

audit did not lead to any reservations.<br />

The Supervisory Board endorses the result of the<br />

audit.<br />

The auditor was available to the Chairman of the<br />

Supervisory Board and to the whole of the Supervisory<br />

Board at its balance sheet meeting to answer<br />

questions and provide additional information. On<br />

completion of its examination, the Supervisory Board<br />

raised no objections to the Annual Accounts drawn<br />

up by the Board of Managing Directors, with the<br />

result that these have been duly approved and adopted.<br />

The Board of Managing Directors has drawn up a<br />

report in accordance with Section 312 of the Joint<br />

Stock Companies Act on the Bank’s relations with<br />

affiliated companies. This has been audited by the<br />

auditor and also awarded an unreserved audit certificate.<br />

The Supervisory Board endorses the dependence<br />

report and the related audit report. There were<br />

no objections to the declaration of the Board of Managing<br />

Directors at the end of this report.<br />

Hanover, 16 March 2009<br />

The Supervisory Board<br />

Chairman<br />

··· 117 ···


··· 118 ···<br />

ORGANISATIONAL STRUCTURE OF<br />

DEUTSCHE HYPO AS AT 31 DECEMBER <strong>2008</strong><br />

Jürgen Grieger Jürgen Morr<br />

Real Estate Valuation<br />

and Consulting<br />

Jörg Quentin<br />

Head of Department<br />

Personnel/Administration/<br />

Service<br />

Paul Weber<br />

Senior Manager<br />

Law<br />

Albrecht Mayer<br />

Senior Manager<br />

Internal Audit<br />

Markus Heinzel<br />

Senior Manager<br />

Treasury<br />

Dirk Schönfeld<br />

Head of Department<br />

International Property<br />

Finance<br />

Thomas Staats<br />

Senior Manager<br />

Domestic Property<br />

Finance<br />

Volker Basler<br />

Senior Manager<br />

Domestic Property<br />

Finance<br />

Wolfgang Koppert<br />

Senior Manager<br />

Organisation and IT<br />

Dr. Wulfgar Wagener<br />

Senior Manager<br />

Marketing and Corporate<br />

Communications<br />

Markus Nitsche<br />

Head of Department<br />

Andreas Pohl Andreas Rehfus<br />

International Property<br />

Finance<br />

Sabine Barthauer<br />

Senior Manager<br />

Domestic Property<br />

Finance<br />

Ralf Vogel<br />

Senior Manager<br />

Real Estate Investment<br />

Banking<br />

Dieter Koch<br />

Senior Manager<br />

Relationship Management<br />

International Financial<br />

Institutions<br />

Hergen Dieckmann<br />

Syndication<br />

Jürgen Munke<br />

Senior Manager<br />

Sales Coordination and<br />

Corporate Development<br />

and Integration<br />

Dirk Hunger<br />

Senior Manager<br />

Real Estate Research<br />

Dr. Günter Vornholz<br />

Head of Department<br />

Credit Risk Management<br />

Michael Müller<br />

Executive Manager<br />

Credit Risk Controlling<br />

Uwe Menninger<br />

Senior Manager<br />

Accounts<br />

Joachim Bloß<br />

Senior Manager<br />

Controlling<br />

Wolfgang Overkamp<br />

Senior Manager<br />

Treasury Operations<br />

Gunter Bierwisch<br />

Senior Manager


ADDRESSES IN GERMANY AND ABROAD<br />

·· MANAGEMENT<br />

30159 Hanover<br />

·· REGISTERED BRANCH<br />

10719 Berlin<br />

·· BRANCHES<br />

40213 Düsseldorf<br />

60313 Frankfurt am Main<br />

20457 Hamburg<br />

30159 Hanover<br />

80538 Munich<br />

85774 Munich-Unterföhring<br />

·· REPRESENTATIVE OFFICES<br />

1077 XX Amsterdam<br />

London EC2V 5DE<br />

28006 Madrid<br />

75002 Paris<br />

·· STATE SUPERVISORY BODY<br />

Georgsplatz 8<br />

Tel.: +49 511 3045-0<br />

Fax: +49 511 3045-459<br />

www.deutsche-hypo.de<br />

Uhlandstraße 165/166<br />

Tel.: +49 30 8827331<br />

Fax: +49 30 8832648<br />

Rathausufer 12<br />

Tel.: +49 211 86792-0<br />

Fax: +49 211 86792-29<br />

Goethestraße 18<br />

Tel.: +49 69 2193518-11<br />

Fax: +49 69 2193518-15<br />

Brodschrangen 4<br />

Tel.: +49 40 37655-310<br />

Fax: +49 40 37655-305<br />

Georgsplatz 8<br />

Tel.: +49 511 3045-591<br />

Fax: +49 511 3045-599<br />

Widenmayerstraße 15<br />

Tel.: +49 89 512667-0<br />

Fax: +49 89 512667-25<br />

Münchner Straße 16<br />

Tel.: +49 89 992908-0<br />

Fax: +49 89 9576201<br />

Strawinskylaan 625<br />

Tower B, Level 6<br />

Tel.: +31 20 6914551<br />

Fax: +31 20 6919811<br />

40 Basinghall Street<br />

City Tower - Level 19<br />

Tel.: +44 207 9200100<br />

Fax: +44 207 9200110<br />

María de Molina 40<br />

1° Centro<br />

Tel.: +34 91 7452642<br />

Fax: +34 91 4116183<br />

23, rue de la Paix<br />

Tel.: +33 1 550484-85<br />

Fax: +33 1 550484-89<br />

Bundesanstalt für Finanzdienstleistungsaufsicht<br />

Graurheindorfer Straße 108<br />

53117 Bonn<br />

··· 119 ···


··· 120 ···<br />

GLOSSARY<br />

·· Asset Backed Securities (ABS)<br />

Securities backed by a pool of financial assets. This pool of assets is sold to a legally independent special<br />

purpose vehicle established for the purposes of securitisation and financing, which finances the purchase<br />

price by issuing securities whose rating varies according to level of risk. ABS is also the general term<br />

applied to other forms of securitisation (e.g. ➞ CDO, ➞ MBS, etc.) and is used to describe any form of<br />

asset-backed claim securitisation.<br />

·· Backtesting<br />

Process used to verify the forecasting accuracy of ➞ VaR. This involves comparing the daily changes in<br />

net present value with the forecast values.<br />

·· Basis-point-value method (100 bp)<br />

In addition to ➞ VaR, another process used to measure interest rate risk by simulating an interest rate<br />

rise of 100 bp by means of a parallel shift in the yield curve. The resulting changes in the present values<br />

of all balance sheet and off-balance sheet positions indicate the level of interest rate risk.<br />

·· Collateralized Debt Obligation (CDO)<br />

A form of ➞ ABS, with regard to which ABS or other parcelled-up bonds serve as security.<br />

·· Cost/income ratio<br />

Ratio of administrative expenses to net interest and commission income. The cost/income ratio provides<br />

a quantitative indicator of the efficiency level achieved in banking operations. Essentially, the lower the<br />

cost/income ratio, the more efficient the bank.<br />

·· Credit Default Swap (CDS)<br />

Within the credit derivatives market, CDS are the most widely spread type of instrument and the most<br />

significant in terms of quantity. A CDS can be used to separate the credit risk from the underlying lending<br />

relationship. The separate tradability of these default risks extends the range of options for systematic risk<br />

and income management.<br />

·· Debt Issuance Programme (DIP)<br />

A DIP provides the contractual framework and the template documentation for the international placement<br />

of security issues. <strong>Deutsche</strong> <strong>Hypo</strong> uses this programme as a flexible refinancing tool on the euro<br />

market, thereby supplementing traditional refinancing through Pfandbriefe. Within the framework of the<br />

DIP, <strong>Deutsche</strong> <strong>Hypo</strong> can issue bonds and Pfandbriefe in the common currencies and with a variety of dif-


ferent structures. Given that only brief standardised documentation is required for the individual issues,<br />

the Bank can react quickly and flexibly to investor wishes, which, in particular, is also of significance to foreign<br />

investors.<br />

·· Hedging<br />

Transactions used to offset the risk of unfavourable price developments (e.g. interest rate hedges). An individual<br />

risk position is secured by taking another risk position in the opposite direction.<br />

·· ICAAP<br />

Internal Capital Adequacy Assessment Process: Requirement of MaRisk with regard to capital adequacy.<br />

·· Macro-hedge<br />

A macro-hedge is the term used when as part of a ➞ hedging strategy, a bank secures/immunises a portfolio<br />

or several individual transactions against future price losses.<br />

·· Mark-to-market<br />

Valuation method describing the revaluation of financial instruments on the basis of the market prices<br />

applicable on the revaluation date, rather than on the basis of historical costs.<br />

·· Micro-hedge<br />

A micro-hedge is the term used when as part of a ➞ hedging strategy, a single position is secured/immunised<br />

against future price losses by means of a futures transaction.<br />

·· Mortgage Backed Securities (MBS)<br />

Mortgage Backed Securities securitise a section of a pool of mortgage loans, issued for example by<br />

Pfandbrief banks for the purposes of property financing, in the form of bonds. Mortgage Backed Securities<br />

are a special type of “Asset Backed Security”, i.e. tradable bonds covered by claims.<br />

·· PfandBarwertV<br />

Pfandbrief Net Present Value Ordinance: ordinance relating to securing the availability of cover at all times<br />

for mortgage Pfandbriefe, public Pfandbriefe and ship Pfandbriefe based on net present value, and to the<br />

calculation of this value by the Pfandbrief banks.<br />

·· Probability of Default (PD)<br />

Key figure used to determine the likelihood of a loan not being repaid.<br />

··· 121 ···


··· 122 ···<br />

·· Scoring model<br />

Internal rating procedure used by <strong>Deutsche</strong> <strong>Hypo</strong> to evaluate the debtor’s creditworthiness in capital market<br />

business.<br />

·· Spread<br />

The difference between the yields on different forms of investment, e.g. the yield differential between<br />

Pfandbriefe and federal loans.<br />

·· Subprime market<br />

Segment of the US real estate finance market in which mortgages are granted to retail customers with<br />

poor credit ratings.<br />

·· Swap<br />

Generally a swap involves the exchange of payment flows. In particular, it refers to a financing technique<br />

whereby two partners swap interest payments and/or currency positions. If these operations affect the<br />

assets side of a balance sheet, they are referred to as asset swaps, whilst liability swaps relate to the liabilities<br />

side of the balance sheet.<br />

·· Total return swap (TRS)<br />

In the case of a total return swap, the party to whom security has been provided periodically swaps the<br />

income from a reference asset (e.g. a bond) and any increases in that asset's value with the provider of<br />

security in exchange for payment of a variable or fixed rate of interest and settlement of any falls in value<br />

of the reference asset. This means that the provider of security, for the duration of the transaction, as well<br />

as assuming the credit risk, also assumes the entire price risk associated with the reference asset from<br />

the party to whom security has been provided.<br />

·· Value-at-Risk (VaR)<br />

Concept used to quantify market price risks (interest rate risks) and a key component of modern risk<br />

management. It involves determining the potential (net present value) loss that will not be exceeded subject<br />

to a given level of probability and within a stipulated period.


··· 123 ···


··· 124 ···


30159 Hanover<br />

Georgsplatz 8<br />

Tel.: +49 511 3045-0<br />

Fax: +49 511 3045-459<br />

Mail@<strong>Deutsche</strong>-<strong>Hypo</strong>.de<br />

www.deutsche-hypo.de<br />

10719 Berlin<br />

Uhlandstraße 165/166<br />

Tel.: +49 30 8 82 73 31<br />

Fax: +49 30 8 832648

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