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Annual Report & Accounts 2009 - Anglo Irish Bank

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Business review continued<br />

Capital<br />

Losses incurred by the <strong>Bank</strong> during the period to<br />

31 December <strong>2009</strong> resulted in a significant deterioration<br />

in the <strong>Bank</strong>’s regulatory capital base. The €8.3 billion<br />

capital contribution from the <strong>Bank</strong>'s Shareholder as at<br />

31 December <strong>2009</strong> was included in the <strong>Bank</strong>’s regulatory<br />

capital resources at that date. The inclusion of this capital<br />

contribution, which was approved by the Financial Regulator,<br />

restored the <strong>Bank</strong>'s regulatory capital position resulting in a<br />

Tier 1 Capital ratio of 6.6% and a Total Capital ratio of 10.7%<br />

as at 31 December <strong>2009</strong>.<br />

On 31 March 2010, the €8.3 billion due from the Shareholder<br />

at year end was settled via receipt of a promissory note. The<br />

principal amount of the note is €8.3 billion and is adjustable<br />

allowing for the <strong>Bank</strong> to continue to meet its regulatory<br />

capital requirements. Note 58 to the <strong>Annual</strong> <strong>Report</strong> provides<br />

further details on the promissory note.<br />

The <strong>Bank</strong> reported a total capital ratio of 7.8% as at<br />

31 May <strong>2009</strong> in its regulatory returns, a breach of the<br />

minimum requirement at that reporting date. This breach was<br />

temporary as the Minister for Finance, following his<br />

commitment made on 28 May <strong>2009</strong>, invested €3 billion of<br />

share capital on 29 June <strong>2009</strong>, restoring the <strong>Bank</strong>’s Total<br />

Capital ratio to above the minimum required. The Minister for<br />

Finance invested a further €1 billion of share capital in two<br />

subsequent tranches: €0.8 billion on 6 August <strong>2009</strong> and<br />

€0.2 billion on 25 September <strong>2009</strong>. The €0.8 billion<br />

investment was made following the completion of the LME<br />

undertaken by the <strong>Bank</strong> on 4 August <strong>2009</strong> where €1.8 billion<br />

of equity was realised on the buyback of subordinated debt<br />

instruments. Further details of the LME are provided in notes<br />

7 and 42 to the <strong>Annual</strong> <strong>Report</strong>.<br />

The <strong>Bank</strong>’s regulatory capital position during the period to<br />

31 December <strong>2009</strong> has benefited from derogations from<br />

certain regulatory capital requirements which were granted on<br />

a temporary basis by the Financial Regulator following<br />

requests from the <strong>Bank</strong>. These derogations have been granted<br />

in five tranches and full details of all derogations granted are<br />

disclosed in note 53 to the <strong>Annual</strong> <strong>Report</strong>. The latest<br />

derogations are applicable until 30 April 2010 or such<br />

shorter period if the <strong>Bank</strong>’s capital ratios are restored to<br />

a level adequate to enable it to comply with its existing<br />

capital ratio requirements in place prior to the granting of<br />

these derogations.<br />

16<br />

The capital investments and capital contribution made<br />

to date by the Minister for Finance are evidence of the<br />

Shareholder’s stated commitment to ensuring that the <strong>Bank</strong><br />

remains adequately capitalised. As indicated in note 24 to the<br />

<strong>Annual</strong> <strong>Report</strong>, the <strong>Bank</strong> expects to transfer €35.6 billion of<br />

loans (gross of specific impairment charges) to NAMA during<br />

2010. While the final determined transfer price may trigger<br />

additional losses and further capital requirements in the short<br />

term, these transfers will significantly reduce the level of risk<br />

weighted assets, easing pressure on the <strong>Bank</strong>’s overall capital<br />

requirement going forward.<br />

The Chairman’s statement and the Group Chief Executive’s<br />

review contain details on how the <strong>Bank</strong> aims to manage its<br />

capital base going forward. In addition, note 53 to the<br />

<strong>Annual</strong> <strong>Report</strong> provides details on the <strong>Bank</strong>’s regulatory<br />

capital position as at 31 December <strong>2009</strong>.<br />

Private <strong>Bank</strong>ing<br />

The Group’s Private <strong>Bank</strong>ing business operated against a<br />

backdrop of poor economic conditions and depressed asset<br />

markets throughout the period under review. Income in the<br />

period mainly comprised recurring interest and fee income<br />

with minimal structuring and set up fees in the absence of<br />

new business. Recurring asset under management fees were<br />

lower as a result of declines in the value of client assets under<br />

management. Asset management and related fees have<br />

declined by €13 million from 2008.<br />

Trust and fiduciary fees are earned where the <strong>Bank</strong> provides<br />

custody, trustee, investment management and advisory<br />

services to third parties, but where the related assets are not<br />

carried on the Group's balance sheet. Following the sale of<br />

the Austrian private banking business in December 2008 these<br />

activities no longer represent a significant revenue stream for<br />

the Private <strong>Bank</strong>ing business. The Group realised a profit of<br />

€49 million from this sale which saw the <strong>Bank</strong> provide the<br />

purchaser with a €24 million long term subordinated loan to<br />

part fund the purchase price of €141 million.<br />

As part of normal business activity the <strong>Bank</strong> previously<br />

acquired property assets with the intention of placing these<br />

investments with Private <strong>Bank</strong>ing clients. However, due<br />

to wider market conditions a lack of investor appetite has<br />

resulted in these assets now being held on the Group’s<br />

balance sheet. Depending on the investment structure used

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