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Annual Financial Statements 2011 of Bank Austria

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Consolidated <strong>Financial</strong> <strong>Statements</strong> in accordance with IFRSs<br />

E – Risk report (CoNTINuED)<br />

E.8 – Business risk<br />

Business risk is defined as unexpected adverse changes in business volume and/ or margins which cannot be attributed to other types <strong>of</strong> risk. Adverse<br />

changes result mainly from a significant deterioration in market conditions, changes in the competitive position or customer behaviour, and from<br />

changes in the legal environment.<br />

Business risk measurement thus measures the influence <strong>of</strong> external factors on a decline in pr<strong>of</strong>its and the effect on the market value.<br />

As part <strong>of</strong> general income and cost management, operational management <strong>of</strong> business risk is the responsibility <strong>of</strong> the individual business units.<br />

E.9 – <strong>Financial</strong> investment risk and real estate risk<br />

In dealing with risks arising from the bank’s shareholdings and equity interests, <strong>Bank</strong> <strong>Austria</strong> takes into account market price fluctuations in its equity<br />

holdings in listed and unlisted companies.<br />

Not included are equity interests in consolidated subsidiaries <strong>of</strong> the Group because risks associated with such companies are determined and recorded<br />

under the various other risk types. The portfolio includes various strategic investments; real estate holding companies are taken into account in real<br />

estate risk.<br />

Generally, Value at Risk is determined on the basis <strong>of</strong> market values and volatilities <strong>of</strong> the relevant equity interests. For shares in unlisted companies<br />

the bank uses book values and volatilities <strong>of</strong> relevant stock exchange indices and takes account <strong>of</strong> residual variances.<br />

Real estate risk measures the fluctuations in market value <strong>of</strong> bank-owned real estate on the basis <strong>of</strong> market prices and the volatility <strong>of</strong> related rent<br />

indices.<br />

E.10 – Legal risks<br />

We generally do not make provisions to the extent it is not possible to reliably predict the outcome <strong>of</strong> proceedings or to quantify possible losses.<br />

In cases where it is possible to estimate in a reliable manner the amount <strong>of</strong> the possible loss and such loss is deemed probable, we have made<br />

provisions in amounts we deem appropriate in light <strong>of</strong> the particular circumstances and in accordance with applicable accounting principles.<br />

In line with the above policy, provisions have been made in the amount <strong>of</strong> the estimated risk for the following pending legal proceedings:<br />

• UniCredit <strong>Bank</strong> <strong>Austria</strong> AG (“<strong>Bank</strong> <strong>Austria</strong>”) has joined as a process guiding intervening party in support <strong>of</strong> the defendant AKB Privatbank Zürich AG<br />

[formerly a subsidiary <strong>of</strong> <strong>Bank</strong> <strong>Austria</strong> and formerly <strong>Bank</strong> <strong>Austria</strong> (Schweiz) AG] in a suit in Switzerland relating to alleged claims <strong>of</strong> bundesanstalt<br />

für Vereinigungsbedingte sonderaufgaben “bvs” (formerly Treuhandanstalt), the legal successor to Deutsche Treuhandanstalt, the German public<br />

body for the new Länder reconstruction. Essentially it is asserted that the former subsidiary <strong>of</strong> <strong>Bank</strong> <strong>Austria</strong> in Switzerland participated in the embezzlement<br />

<strong>of</strong> funds from companies in the former East Germany. BvS lost the case in the court <strong>of</strong> first instance and fully won the appeal. <strong>Bank</strong> <strong>Austria</strong><br />

filed an appeal against that judgment before the Court <strong>of</strong> Cassation <strong>of</strong> the Zurich Canton. In November <strong>2011</strong> the Court <strong>of</strong> Cassation granted <strong>Bank</strong><br />

<strong>Austria</strong>’s appeal, revoked the judgment for the plaintiff issued by the Court <strong>of</strong> Appeal <strong>of</strong> Zurich and remanded the case back to the Court <strong>of</strong> Appeal<br />

(= second instance) for reconsideration.<br />

• the mad<strong>of</strong>f fraud<br />

Several customers addressed enquiries and complaints against <strong>Bank</strong> <strong>Austria</strong> in connection with certain funds related to the fraudulent actions by<br />

Mr. Bernard L. Mad<strong>of</strong>f. The following proceedings are relevant:<br />

austrian civil proceedings: In connection with the funds linked to the activities <strong>of</strong> Mr Mad<strong>of</strong>f, many legal actions are pending with <strong>Austria</strong>n courts<br />

to date, with the claimed amount totalling € 130.5 million. In nine lawsuits <strong>Bank</strong> <strong>Austria</strong> succeeded at first instance, five at second instance as well<br />

and two overall are already legally binding. In one <strong>of</strong> those cases the Supreme Court revoked the judgment issued by the court <strong>of</strong> second instance in<br />

favour <strong>of</strong> the plaintiffs and remanded the case back to the court <strong>of</strong> first instance. Two interim judgments were handed down in favour <strong>of</strong> the plaintiffs,<br />

in one <strong>of</strong> those cases the claim has since been withdrawn and in the other case <strong>Bank</strong> <strong>Austria</strong> has appealed the interim judgment.<br />

criminal proceedings: <strong>Bank</strong> <strong>Austria</strong> has been named as a defendant in criminal proceedings in <strong>Austria</strong> which concern the Mad<strong>of</strong>f case. These proceedings<br />

were initiated by a complaint filed by the FMA (the <strong>Austria</strong>n <strong>Financial</strong> Market Authority) to the <strong>Austria</strong>n prosecutor. Subsequently complaints<br />

were filed by purported investors in funds which were invested, either directly or indirectly, in Bernard L. Mad<strong>of</strong>f Investments Securities LLC and<br />

Bernard L. Mad<strong>of</strong>f Securities LLC (collectively referred to as “BMIS”). These complaints allege, amongst other things, that <strong>Bank</strong> <strong>Austria</strong> breached<br />

provisions <strong>of</strong> the <strong>Austria</strong>n Investment Fund Act as prospectus controller <strong>of</strong> the Primeo Fund. These criminal proceedings are still at the pre-trial<br />

stage.<br />

<strong>Bank</strong> <strong>Austria</strong> · <strong>Annual</strong> <strong>Financial</strong> <strong>Statements</strong> <strong>2011</strong><br />

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