By-laws of the Deposit Protection Fund
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transmission channel in a format suitable for automatic processing, in compliance<br />
with <strong>the</strong> specifications <strong>of</strong> <strong>the</strong> Banking Association and <strong>the</strong> Auditing Association.<br />
13. The Banking Association has <strong>the</strong> right to summon<br />
a) <strong>the</strong> executive bodies <strong>of</strong> <strong>the</strong> bank and<br />
b) principle shareholders <strong>of</strong> <strong>the</strong> bank<br />
− to discuss <strong>the</strong> latest developments in <strong>the</strong> business and financial<br />
situation <strong>of</strong> <strong>the</strong> bank (including in connection with <strong>the</strong> credit rating<br />
pursuant to Section 4a and <strong>the</strong> deposit rating pursuant to Section 4b,<br />
extraordinary events and in connection with conditions and measures<br />
imposed by <strong>the</strong> Banking Association or <strong>the</strong> Auditing Association). The<br />
summons shall be issued by <strong>the</strong> Management <strong>of</strong> <strong>the</strong> <strong>Deposit</strong> <strong>Protection</strong><br />
<strong>Fund</strong>, in general with two weeks’ notice. The notice period may<br />
be shortened in <strong>the</strong> event that <strong>the</strong> Banking Association believes <strong>the</strong><br />
matter is particularly urgent. The bank is responsible for complying<br />
with <strong>the</strong> summons.<br />
− “Principal Shareholders” <strong>of</strong> <strong>the</strong> bank in accordance with <strong>the</strong> previous<br />
subclause (b) are (i) direct or indirect shareholders <strong>of</strong> <strong>the</strong> bank that,<br />
alone or jointly, own or control a (calculated) share to an amount <strong>of</strong><br />
25% or more <strong>of</strong> <strong>the</strong> capital or voting rights, as well as all banks, natural<br />
and legal persons and partnerships for whom <strong>the</strong> bank must furnish<br />
a declaration <strong>of</strong> indemnification in accordance with Section 5 (10)<br />
sentence 3 or (ii) direct or indirect shareholders that control shareholders<br />
as defined in (i) or act on <strong>the</strong>ir behalf (including due to instructions<br />
issued by <strong>the</strong> competent authority). In <strong>the</strong> event that a summons is<br />
issued to principal shareholders, all applicable antitrust, regulatory and<br />
insider-trading regulations must be followed. In addition, adequate<br />
precautions for guaranteeing confidentiality must be taken.<br />
16 <strong>By</strong>-<strong>laws</strong> Section 5