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

calculating the own funds factor produced by the Auditing Association or by a
third party commissioned in accordance with Subsection (1) of this annex and
notified to the Deposit Protection Committee.
(9) For newly admitted banks, the own funds factor shall be calculated
retrospectively for the period up to and including the third year following
the year of admission and shall be the own funds factor for the fourth year
following the year of admission. For newly established banks, the own funds
factor used shall be that calculated for the fifth year following the year of
admission, which shall also apply to the fourth year following the year of
admission.
(11) For newly admitted banks, the loss buffer ratio shall be calculated retrospectively
for the period up to and including the third year following the year of admission
and shall be the loss buffer ratio for the fourth year following the year of
admission. For newly established banks, the loss buffer ratio used shall be that
calculated for the fifth year following the year of admission, which shall also
apply to the fourth year following the year of admission.
4. Rules for calculating the loss buffer ratio
(10) The loss buffer ratio shall be the ratio of (i) own funds eligible for recognition
within the meaning of Article 72 of the CRR (whereby these may also contain
elements which the bank has refrained from including in own funds for
prudential purposes but evidence of which has been furnished to the Auditing
Association) and those liabilities of the bank which are bail-in-able and which
are not senior to protected liabilities pursuant to Section 6 of the By-laws of the
Deposit Protection Fund to (ii) the risk-weighted positions of the bank pursuant
to Part Three, Title II of the CRR. To determine the annual contribution for
the following year, an average amount shall be calculated from the figures as
at 31 March and 30 June of the current year and as at 30 September and 31
December of the previous year. The loss buffer ratio shall be calculated using
the procedure for calculating the loss buffer ratio produced by the Auditing
Association or by a third party commissioned in accordance with Subsection (1)
of this annex and notified to the Deposit Protection Committee.
56 By-laws Annex to Section 4a By-laws Annex to Section 4a 57