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

12. If the information required for the assessment basis, the own funds factor
and the loss buffer ratio is not available, not available in full or not available
in the stipulated form to the Auditing Association on 15 August of each
assessment year, a penalty surcharge of 10% of the annual contribution, but
not more than EUR 20,000, shall be payable by the bank concerned. If the
relevant information is not duly submitted later before expiry of 31 August,
the following shall apply additionally:
(a) If the extended presenter data file (Einreicherdatei Erweitert) and the
extended reporting data file (Meldedatei Erweitert) are not available or not
available in full, the Auditing Association shall estimate at its due discretion
the volume of covered deposits, paying due regard to the size and structure
of the business of the bank and of a group of comparable banks. Such
estimate shall be governed accordingly by Section 319 (1) of the German
Civil Code (Bürgerliches Gesetzbuch [BGB]).
(b) If the information required to determine the own funds factor or the loss
buffer ratio is not available, the bank shall be assigned the lowest score for
the own funds factor or the loss buffer ratio.
(c) The penalty surcharge shall increase to 20% of the annual contribution, but
not more than EUR 50,000.
Information delivered after 31 August shall no longer be taken into account in
favour of the bank unless the bank proves that it was not to blame for the delay.
In individual cases, a bank may, upon application, be granted deadline extensions
until no later than 15 September of a given year. In such cases, instead of 15 or
31 August, the extended deadlines fixed shall apply.
13. If, after payment of an annual or special contribution, it turns out (by way of
audits performed by the Auditing Association or otherwise) that the information
the bank is required to submit pursuant to Section 4a and 5a (4) was incomplete
or incorrect and if the incomplete or incorrect information leads to a lower
annual or special contribution being fixed, the annual or special contribution
thus levied shall be deemed to be an advance payment and final assessment
shall be made on the basis of the complete and correct information. Where
subsequent adjustments of the annual or special contribution levied lead to a
requirement on the part of the bank to make an additional payment, interest
shall be charged on the amount of the additional payment from the time
when the original annual or special contribution is payable to the time when
the additional payment is made at the rate specified in Section 288 (2) of the
German Civil Code, but at no less than 5%.
14. The provisions of this Section 5a shall apply for the first time to the annual
contribution payable in 2018. They shall apply to the annual contribution
payable in 2018 and 2019, subject to the proviso that, in deviation from
subsection (3), sentence 1, the assessment basis shall be geared only to the
cut-off dates 31 March 2018 and 30 June 2018 and that the annual contribution
for 2018 shall be fixed and paid by 31 December 2018 at the latest. For newly
admitted banks, sentence 2 shall apply analogously provided the fourth
full business year falls within 2018 or 2019; in addition, subsection (7) shall
remain unaffected. Earlier periods shall be subject to the respective rules on
contributions and on surcharges to cover administrative costs contained in
the version of the By-laws of the Fund registered on 13 October 2016, which
thus form part of the present By-laws. The obligation to provide information
pursuant to subsection (4) shall remain unaffected and must be complied
with for the first time for the cut-off date 30 September 2017. In deviation
from subsection 3, sentence 1 and in deviation from sentences 1 to 4 of this
subsection 14, the assessment basis for the annual contribution payable in 2024
shall be based only on the cut-off dates 31 March 2023 and 30 June 2023.
22 By-laws Section 5a
By-laws Section 5a 23