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annual report 2009 - bei der Hamborner REIT AG

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(25) Other provisions<br />

The maturities of the other provisions break down as follows:<br />

in T€ Overall Allocations<br />

Provisions for<br />

to our sHareHol<strong>der</strong>s management <strong>report</strong> Financial statements supplementary inFormation<br />

Jan 1, <strong>2009</strong> Dec 31, <strong>2009</strong> of which<br />

Claim Releases Overall long-<br />

term<br />

Bonuses 559 514 559 0 514 0 514<br />

Mining damage 1,378 37 14 0 1,401 701 700<br />

Provisions linked to the<br />

Articles of Association and<br />

legal form 406 211 406 0 211 0 211<br />

Legal and consultancy<br />

expenses 195 241 167 28 241 0 241<br />

Outstanding invoices 276 331 241 35 331 0 331<br />

Other 143 206 93 0 256 0 256<br />

Total 2,957 1,540 1,480 63 2,954 701 2,253<br />

The provisions for bonus obligations are around<br />

€45,000 below the value for the previous year<br />

and amount to €514,000. The decrease is mainly<br />

attributable to employee fluctuation within the<br />

group of people eligible for a bonus.<br />

The provisions for mining damage relate to the<br />

potential risks from our former mining activity,<br />

which continue to a limited extent. In this respect<br />

we refer to the more comprehensive explanations<br />

in the risk <strong>report</strong>, which is an integral part of the<br />

integrated management <strong>report</strong>.<br />

Mining-related provisions are long-term provisions<br />

that are shown in the balance sheet at their settlement<br />

value discounted on the balance sheet date.<br />

A rate of interest of 6.0% (previous year: 6.0%)<br />

with a residual term of up to 22 years (previous<br />

year: 23 years) is taken as a basis here as the discount<br />

factor. The allocation made in the <strong>report</strong>ing<br />

year amounts to €37,000 and arises from the term-<br />

dependent compounding of the provision. The<br />

€14,000 shown as a drawing relates to expenses<br />

for shaft protection measures and for the management<br />

of the affected pits and coal fields.<br />

The provisions for obligations linked to the Articles<br />

of Association and legal form include remunerations<br />

for the Supervisory Board and statutory<br />

auditor's fees. We refer to marginal number (2) for<br />

further details on the statutory auditor's fees within<br />

shortterm<br />

the meaning of Art. 314 Para. 1 No. 9 of the<br />

German Commercial Code.<br />

The provisions for outstanding invoices increased by<br />

€54,000 year-on-year and amount to €331,000.<br />

Amounts for maintenance expenses not yet invoiced<br />

and for operating costs were deferred, in so far as<br />

they relate to the year <strong>2009</strong>.<br />

(26) Contingent liabilities and financial<br />

obligations<br />

The other financial obligations after the balance<br />

sheet date result from four long-term leasehold<br />

contracts and are constituted as follows:<br />

Agreement term<br />

up to<br />

Payment<br />

obligation<br />

(in T€ p.a.)<br />

Charge<br />

passed on<br />

to tenants<br />

(in T€ p.a.)<br />

31 December 2034 184 184<br />

31 March 2060 113 0<br />

30 June 2012 * 228 0<br />

30 June 2023 210 0<br />

Total 735 184<br />

* The heritable building right transfers into our ownership on<br />

June 30, 2012 against payment of €3.2 million on the basis<br />

of contractual agreements.<br />

Furthermore, there are no additional contingent<br />

liabilities, third-party liabilities or other financial<br />

obligations.<br />

<strong>annual</strong> <strong>report</strong> <strong>2009</strong> | <strong>Hamborner</strong> reit ag<br />

95

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