By-laws of the Deposit Protection Fund

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
calculated by means of the standard assessment factor, 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 Sections 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%.
By-laws
Section 5a
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