By-laws of the Deposit Protection Fund valid from January 2023

esulting from Section 4 (2) and (3) in particular, a bank which fails to present
the information needed for the rating or presents information that is inadequate
because of its limited meaningfulness shall be assigned to category C under the
“Risk Assessment Rules” after expiry of a reasonable period of time allowed for
subsequent delivery of the information needed.
Transfer of claims
To the extent that the Deposit Protection Fund or its mandatory makes
payments to a customer, the respective amount of the customer’s claims
against the Bank, together with all subsidiary rights, shall be transferred
simultaneously to the Deposit Protection Fund.
3. The information needed to calculate the own funds factor and the loss
buffer ratio must be obtained on the cut-off dates 31 March and 30 June, 30
September and 31 December of each year and transmitted to the Auditing
Association by no later than the 15th calendar day after the end of the following
month, in compliance with the requirements of Section 5 (12). Notwithstanding
any further consequences resulting from Section 4 (3) in particular, the legal
consequences of failure to deliver the required information or of delivery of
inadequate information shall be determined by Section 5a (12).
Section 5 – Rights and obligations of banks participating
in the Fund
1. Each bank shall be obliged to include in the General Business Conditions
(Allgemeine Geschäftsbedingungen) for its domestic business the following
clauses in accordance with the annex “No. 20 of the General Business Conditions
of Banks” attached to these by-laws and shall base its business relations with its
customers thereon:
Disclosure of information
The Bank shall be entitled to disclose to the Deposit Protection Fund or to
its mandatory all the necessary information in this respect and to place
documents at their disposal.
2. The banks shall be obliged to submit to the Banking Association declarations
by which they authorise the competent supervisory and resolution authorities,
as well as the Auditing Association, to inform the Banking Association of any
matter which might make deposits held with the respective bank seem possibly
to be in jeopardy. At the same time, the Banking Association shall be authorised
to obtain all information necessary for this purpose from such banks and to
inform them of all matters of which it may become aware in the course of its
activities. The wording of the respective Declaration of Authorisation is annexed
to the present By-laws.
3. The banks shall be obliged to inform the Association without undue delay of the
creation, modification and termination of a qualified participating interest and
make available all information to allow an assess ment of whether the partners
concerned are trustworthy and satisfy the requirements to be set in the interest
of a sound and prudent management of the bank.
12 By-laws Section 4a – Section 5
By-laws Section 5 13