By-laws of the Deposit Protection Fund

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(g) natural or legal persons or partnerships which hold the majority of the shares in the bank or which, on their own or together with others, may 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. This subclause (g) shall not apply if the deposit is part of the coverage assets within the meaning of Section 125 of German Act on the Supervision of Insurance Undertakings (Gesetz über die Beaufsichtigung der Versicherungsunternehmen [VAG] ); (h) members of a board of the bank designated to supervise the management, where the supervisory powers of such board are provided by statute (supervisory board); (i) spouses or minor children of persons referred to in subclauses (e) to (h), except where the monies originate from the spouse’s or minor child’s own assets. 5. Deposits of creditors who are acting for the account of a third party shall not be protected if the deposit would not be protected were the third party the creditor of the deposit. 6. In the case of deposits of capital management companies (Kapitalverwaltungsgesellschaften) and their custodian banks, all domestic and foreign “special assets” (Sondervermögen), i.e. segregated fund assets, shall be regarded as a separate creditor and not as connected to the managing capital management company. 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 if a 92 By-laws Annex to Section 6 (18)
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, reconstruction or reorganisation proceedings under the German Bank Reorganisation Act (Kreditinstitute- Reorganisationsgesetz) have been initiated, measures pursuant to Sections 45 to 46 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 or earliest result of a measure shall apply in this respect. In deviation from sentence 1, a deposit shall, however, be protected if a non-protected creditor within the meaning of subsection (4), subclause (a) has both acquired the deposit and resold it to a person not listed in subsection (4) within five bank working days, provided − the deposit, when acquired by the non-protected creditor within the meaning of subsection 4, subclause (a), was protected or − the non-protected creditor within the meaning of subsection 4, subclause (a) acquired the deposit directly from the debtor (issuer). The five-day period shall be based on the underlying contractual transactions (Verpflichtungsgeschäfte) and not on any subsequent fulfilment transactions (Erfüllungsgeschäfte). 8. Compensation shall be subject to the following protection ceilings: (a) Each creditor shall be compensated up to a maximum protection ceiling of 15% of the bank’s own funds within the meaning of Article 72 CRR. The own funds shall consist of the Common Equity Tier 1 capital pursuant to Article 50 CRR, the Additional Tier 1 capital pursuant to Article 61 CRR and the Tier 2 capital pursuant to Article 71 CRR; for calculation of the By-laws Annex to Section 6 (18) 93
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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
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described in sentence 4 also for th
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the volume of covered deposits, pay
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following information about partici
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(e) was created in connection with
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directly or indirectly exercise a d
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e authorised to lower the protectio
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office of the bank. The bank shall
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14. If the participation of a bank
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2. The elected members of the Commi
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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 and 72: − I (we) hereby authorise the Deu
Page 73 and 74: 2. if developments or circumstances
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: 31 December 2019, the grandfathered
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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