By-laws of the Deposit Protection Fund

Association and the Banking Association shall have the right to share the results
of the risk assessment, especially the credit rating result, pursuant to Section
11 (3) of these By-laws. The Auditing Association, its subsidiaries and/or a third
party commissioned in accordance with subsection (1) of this annex shall have
the right to make the results of the risk assessment available to their competent
supervisory authority.
(3) The bank shall be able to appeal to a court of arbitration with respect to the
results of the risk assessment; this court shall determine whether, in the case in
question, the credit rating, the own funds factor and the loss buffer ratio have
been performed and calculated in conformity with the prescribed procedure.
The bank concerned and the Auditing Association shall each appoint an arbitrator.
The arbitrators shall agree on a chairperson, who should be a certified public
accountant who specialises in auditing banks.
Recourse to arbitration shall have no suspensive effect on any obligation to pay
an increased contribution or on other measures. Should the court of arbitration
come to the conclusion that the credit rating or the own funds factor or the
loss buffer ratio has not been calculated correctly, the amount of the increased
contribution which deviates from the correctly calculated contribution shall,
however, be reimbursed.
A bank which loses arbitration proceedings in full or in part shall bear the costs
thereof to the extent that it loses such proceedings.
By-laws Annex to Section 4a
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