By-laws of the Deposit Protection Fund

directly or indirectly exercise a dominant influence over the bank; to assess
whether someone holds the majority of the shares or whether a dominant
influence is exercised, Section 16 et seq. of the German Stock Corporation
Act shall apply analogously, irrespective of the legal form of the bank or of
the natural or legal persons and partnerships involved;
(h) spouses, registered civil partners or minor children of persons referred to in
subclauses (d) to (g), except where the monies originate from the spouse’s,
registered civil partner’s or minor child’s own assets.
Also not protected shall be deposits of creditors who are acting for the account
of a third party if the deposit would not be protected were the third party the
creditor of the deposit.
5. Deposits of creditors other than those mentioned in subsections 2 and 3 shall
not be protected.
6. (Deleted)
7. If a non-protected deposit becomes a protected deposit thanks to a change
of creditor (by way of individual or universal succession in title) or as a result
of a transfer of the deposit from a foreign branch to a domestic head office or
branch, or if a non-protected liability becomes a protected deposit by some
other manner, the deposit shall not be protected if, within six months thereafter,
measures pursuant to Section 2 (2) have been taken, measures pursuant to
Sections 45 to 46 and 46g of the German Banking Act or Sections 36 to 38 of
the German Recovery and Resolution Act (Sanierungs- und Abwicklungsgesetz)
have been ordered, an insolvency petition has been filed, the occurrence of a
compensation event has been determined pursuant to Section 10 of the German
Deposit Guarantee Act or comparable measures have been taken by German
or foreign supervisory and/or resolution authorities. The earliest measure
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