By-laws of the Deposit Protection Fund

14. If the participation of a bank in the Fund shall terminate, such bank shall give
notice thereof without undue delay to creditors which have deposits with it
and shall bring the consequences of such termination to their atten tion. The
Banking Association shall publish the termination at the ex pense of the bank in
the Federal Gazette (Bundesanzeiger) and in a daily news paper at the registered
office of the bank. Deposits which are established or renewed later than one
month after pub lication in the Federal Gazette or which are transferred by
way of individual or universal succession in title or which the creditor does
not terminate or reclaim at the earliest possible date there after shall not be
protected.
15. Liabilities of the bank that are to be included in the scope of protection of
the Fund on the basis of abusive legal acts shall not be protected. An abusive
legal act shall be deemed to exist particularly if a construction is chosen which,
compared with the envisaged scope of protection of the Fund, gives the creditor
an advantage in connection with a measure pursuant to Section 2 that is not
intended under these By-laws.
16. The Fund shall only provide compensation in accordance with the By-laws if and
insofar as creditors are not compensated by another protection scheme or by
a compensation scheme as provided for under the German Deposit Guarantee
Act or the German Investor Compensation Act (Anlegerentschädigungsgesetz).
The Banking Association may – even after compensation has been provided –
request submission of information and proof with regard to the reported
or repaid deposits and their creditors, particularly as concerns eligibility for
compensation under these By-laws and the ranking of deposits within the
meaning of Section 46f (4) of the German Banking Act. Compensation shall
only be provided if the requested information and proof are submitted within
the stipulated periods.
By-laws Section 6
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