By-laws of the Deposit Protection Fund

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Fund – of anything which shows that deposits held by me (us) might be possibly in jeopardy. In addition, I (we) authorise the Association of German Banks – Deposit Protection Fund – to obtain all information necessary for such purpose from these responsible supervisory and resolution authorities and to inform them of all incidents of which it may become aware in the course of its activities. This declaration shall be irrevocable for the duration of my (our) participation in the Deposit Protection Fund within the Association of German Banks and – as long as deposits held with me (us) are protected by the By-laws of the Deposit Protection Fund – during the period specified in Section 4 (8) of the By-laws of the Deposit Protection Fund. Annex to Section 5 (5) of the By-laws of the Deposit Protection Fund Section 11 of the Articles of the Auditing Association of German Banks Section 11 Conditions (1) (1) The Auditing Association may impose on a member bank conditions 1. if an objection is made (a) by the competent supervisory authority or public audit firm or (b) by the Auditing Association within the scope of an audit or as the result of an admission audit conducted on application for membership which relates to the German Banking Act (KWG), other statutory provisions, legal ordinances, orders, administrative regulations, supervisory practice of the competent supervisory authorities or the principles of internal operation or 72 By-laws Annex to Section 5 (2), Section 5 (5)
2. if developments or circumstances arise with the member bank that, in accordance with §45 German Banking Act (KWG) or §36 Act on the Recovery and Resolution of Financial Institutions (SAG), would justify actions by the supervisory authority or 3. if the rating result of the member bank according to §4 paragraph 1 sentence 1 No. 7 is inferior to “BBB” or 4. if an “increased latent risk” pursuant to sentence 2 is detected by the Auditing Association or 5. if, in the course of a resolution action according to the Act on the Recovery and Resolution of Financial Institutions (SAG) or an assisting action in accordance with §2 paragraph 2 of the By-laws of the Deposit Protection Fund, a “disproportionate claim” at the expense of the Deposit Protection Fund in the sense of sentence 3 is imminent or 6. if said conditions are apt to avert any misuse or any otherwise imminent threat of recourse to the Deposit Protection Fund. (2) An increased latent risk which may have a seriously detrimental effect on the present or future financial position, net asset position and/or earnings position of a bank and which leads to a “capital lock-up” of the member bank’s equity and/ or hidden reserves is in particular deemed to exist 1. if in the course of an audit an asset or debit item cannot be conclusively assessed (e.g. due to the absence of any proof of the value of the asset item or an inability to assess the value of a security) or 2. if – set against the financial situation of the bank or the borrower – lending on an unsecured basis is deemed to be too high or 3. if a loan – irrespective of its regulatory risk weighting – accounts for 100% of the bank’s own funds (not applicable to loans that – according to the assessment standards of the Auditing Association – are regarded as fully collateralised or to loans to central banks, central governments and regional governments in member states of the Organisation By-laws Annex to Section 5 (5) 73
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By-laws of the Deposit Protection F
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Contents By-laws of the Deposit Pro
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exempted from participation under S
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Section 4 - Termination of particip
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the participating interest, irrespe
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ating within the periods set by the
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2. The banks shall be obliged to su
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− from a natural or legal person
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Section 5a - Funding and target lev
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pursuant to Section 5 (10) is, in t
Page 21 and 22: described in sentence 4 also for th
Page 23 and 24: the volume of covered deposits, pay
Page 25 and 26: following information about partici
Page 27 and 28: (e) was created in connection with
Page 29 and 30: directly or indirectly exercise a d
Page 31 and 32: e authorised to lower the protectio
Page 33 and 34: office of the bank. The bank shall
Page 35 and 36: 14. If the participation of a bank
Page 37 and 38: 2. The elected members of the Commi
Page 39 and 40: to serve as a member of the Risk Co
Page 41 and 42: Section 8 - Retention of the Auditi
Page 43 and 44: Wettbewerbsbeschränkungen) and of
Page 45 and 46: the Articles of the Banking Associa
Page 47 and 48: that it is not responsible for the
Page 49 and 50: 49
Page 51 and 52: Section 2 - Conditions for particip
Page 53 and 54: of the By-laws of the Deposit Prote
Page 55 and 56: meaning of Section 53 (2) No. 2 of
Page 57 and 58: opinion that the figures as at the
Page 59 and 60: Association and the Banking Associa
Page 61 and 62: (7) Newly admitted banks which are
Page 63 and 64: (11) For newly admitted banks, the
Page 65 and 66: (3) The bank shall be able to appea
Page 67 and 68: privately used residential property
Page 69 and 70: due, can be terminated or otherwise
Page 71: − I (we) hereby authorise the Deu
Page 75 and 76: ensure compliance with the reported
Page 77 and 78: By-laws Annex to Section 5 (5) 77
Page 79 and 80: Diese Erklärung bleibt bis zum Wid
Page 81 and 82: Diese Erklärung wird in englischer
Page 83 and 84: Section 2 - Master agreement for pa
Page 85 and 86: (3) The Banking Association may, in
Page 87 and 88: collateral. The master agreement sh
Page 89 and 90: Annex to Section 6 (18) of the By-l
Page 91 and 92: 31 December 2019, the grandfathered
Page 93 and 94: non-protected liability becomes a p
Page 95 and 96: created through transformation with
Page 97 and 98: Thereafter, the deposits of the ind
Page 99 and 100: 18. Liabilities that were already p
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By-laws of the Deposit Protection Fund

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