10.01.2013 Views

Corp Landesbank Berlin Holding

Corp Landesbank Berlin Holding

Corp Landesbank Berlin Holding

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong><br />

ANNUAL REPORT 2008


Group key figures at a glance<br />

Income statement<br />

2008 2007 1) 2006 1) 2005 1) 2004 1)<br />

Net interest income € million 1,247 815 743 890 915<br />

Allowance for losses on loans and advances € million 63 – 68 118 192 255<br />

Net commission income € million 302 297 368 322 308<br />

Net income from hedge accounting € million – 18 3 3 – 12 0<br />

Net gain from financial instruments<br />

recognised at fair value through profit or loss € million – 344 – 45 186 167 102<br />

Net income from financial assets € million – 308 – 4 50 61 50<br />

Net income from investments carried at equity € million – 18 12 – 4 – 1 –<br />

Other operating income € million 139 119 636 221 122<br />

Administrative expenses € million 940 965 1,115 1,130 1,140<br />

Operating result before restructuring € million – 3 300 749 326 102<br />

Restructuring expenditure and income (net) € million 12 6 35 – 50 – 27<br />

Operating profit / earnings before taxes € million 9 306 784 276 75<br />

Income tax expense € million – 20 76 97 – 4 – 33<br />

Consolidated net profit for the period /<br />

earnings after taxes € million 29 230 687 280 108<br />

Balance Sheet<br />

Total assets € million 145,371 142,163 141,625 144,403 130,302<br />

Shareholders’ equity including<br />

unappropriated surplus € million 1,945 2,847 2,624 1,901 1,957<br />

Dormant participations (nom.) € million 700 700 700 1,100 1,100<br />

Risk items in accordance with<br />

the German Banking Act 2) € million 41,150 50,491 44,901 40,924 41,691<br />

Key figures<br />

Cost-income ratio % 94.0 80.6 56.3 68.6 76.2<br />

Return on equity (before taxes) 3) % 0.4 10.8 35.3 13.0 3.7<br />

Overall capital ratio (German Banking Act) 4) % 16.41 15.04 10.6 11.6 11.1<br />

Tier 1 capital ratio (German Banking Act) 4) % 13.74 11.80 7.2 8.1 7.5<br />

Shares<br />

Earnings per share 5) € 0.02 0.21 0.67 0.28 0.09<br />

Market capitalisation (reporting date) € million 2,928 6,366 7,851 2,906 1,963<br />

Share price 1.1. – 31.12.<br />

(closing price on Frankfurt Stock Exchange)<br />

High € 6.32 8.18 7.96 3.51 2.08<br />

Low € 2.18 5.25 3.11 2.02 1.80<br />

Employee capacity (reporting date) number 5,999 5,965 5,960 7,336 7,782<br />

1) Figures for the previous year have been adjusted<br />

2) 2008 as per SolvV; 2007 as per KWG<br />

3) On the basis of equity according to IFRS<br />

4) From 2007 for the RVG Group, after approval of the financial statements<br />

5) Diluted = basic earnings


Ratings<br />

Unguaranteed liabilities<br />

Moody’s Fitch dbrs<br />

Long-term rating A1 AA – A (high)<br />

Short-term rating P-1 F1 + R-1 (middle)<br />

Outlook Stable Stable Stable<br />

Financial strength<br />

Financial strength D + D BBB +<br />

Guaranteed liabilities<br />

Long-term rating Aa1 AAA –<br />

Short-term rating P-1 F1 + –<br />

Outlook Stable Stable –<br />

Pfandbriefs<br />

Public-sector pfandbriefs Aaa AAA –<br />

Mortgage bonds Aaa – –<br />

Status: March 2009


<strong>Corp</strong>orate Profile<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG is a listed financial holding headquartered in the German capital.<br />

It is the parent company of its wholly­owned subsidiary <strong>Landesbank</strong> <strong>Berlin</strong> AG. <strong>Landesbank</strong> <strong>Berlin</strong><br />

is universal bank in which all the activities are bundled. The historic core of <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

is <strong>Berlin</strong>er Sparkasse, founded in 1818. from the day of its foundation until the present, <strong>Berlin</strong>er<br />

Sparkasse has continuously fulfilled a public­sector mandate in the service of the city. The Bank is<br />

the market leader in the <strong>Berlin</strong> banking centre and stands for client orientation, fairness, security<br />

and modernity.<br />

our business model is built on four pillars: Retail Banking and Regional corporate Banking, in<br />

which we hold an excellent position as an innovative, customer­oriented bank; capital Markets,<br />

for which we offer selected activities and Real estate financing, which is focused on the requirements<br />

of investors and residential development companies throughout Germany.<br />

our Retail Banking clients have the comprehensive network of <strong>Berlin</strong>er Sparkasse branches at their<br />

disposal. In addition, this full offering is rounded off by modern sales channels such as online banking,<br />

call centres and self­service facilities. our banking products for pensions, asset accumulation,<br />

consumer and real­estate financing as well as payment transactions and liquidity management enable<br />

us to provide our clients with an extensive offering. We cater for the investment and finance requirements<br />

of high net­worth retail banking clients in our Asset Management centres.<br />

In Regional corporate Banking, our clients include small and medium­sized enterprises, associations<br />

and foundations, public­sector companies and regional and local authorities as well as a large<br />

number of other small companies from around the region. Their requirements in respect of finance,<br />

investment and service issues require competent and customised support. This is ensured by experienced<br />

advisers in the <strong>Landesbank</strong> <strong>Berlin</strong> Regional corporate Banking departments as well as the<br />

<strong>Berlin</strong>er Sparkasse Regional corporate Banking centres. In addition, our business clients also have<br />

a state­of­the­art, efficient sales channel in BusinessLine. The Regional corporate Banking range of<br />

services is rounded off by the competence centres for International Banking, Leasing and factoring,<br />

Start­ups and Business Succession as well as electronic Banking.<br />

In capital Markets business, <strong>Landesbank</strong> <strong>Berlin</strong> attends particularly to financial institutions and<br />

institutional investors. We focus on selected activities in which we have leading expertise. The bank<br />

is also established as a renowned, expert provider of innovative capital market products for private<br />

investors as well. Due to our trading activities we are a recognised business partner. We maintain a<br />

global network of local trading partners and thereby offer direct market access to all relevant trading<br />

centres. In LBB­Invest, the bank has a fund provider for private and institutional customers that has<br />

established itself among the leaders of German investment companies.<br />

In the Real estate financing business area, we focus on the requirements of experienced private<br />

and commercial investors of good credit standing and development companies in selected growth<br />

regions in Germany. Streamlined structures and short decision­making paths guarantee flexibility,<br />

speed and excellent service for stable and profitable customer relations.


Contents<br />

Management 2<br />

Letter to Shareholders 3<br />

Report of the Supervisory Board<br />

of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG 5<br />

<strong>Corp</strong>orate Governance Report 9<br />

Executive Bodies of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

and <strong>Landesbank</strong> <strong>Berlin</strong> AG 14<br />

About the company 26<br />

Strategic divisions 27<br />

Retail Banking 28<br />

Regional <strong>Corp</strong>orate Banking 32<br />

Capital Markets 36<br />

Real Estate Financing 39<br />

Employees 42<br />

Share Price of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG 43<br />

Group management report 45<br />

Overview of the 2008 financial year 46<br />

Development of business –<br />

January to December 2008 60<br />

Events after December 31, 2008 73<br />

Final statement on the dependent company<br />

report in accordance with Article 312 of the<br />

German Stock <strong>Corp</strong>oration Act 73<br />

Risk report 74<br />

Report on expected developments / Outlook 103<br />

Annual Financial Statements for the Group 107<br />

Income Statement 108<br />

Quarterly Development of the<br />

LBB <strong>Holding</strong> Group 109<br />

Balance Sheet 110<br />

Statement of Changes in Equity 111<br />

Consolidated Cash Flow Statement 112<br />

Notes 114<br />

Executive Bodies of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG 191<br />

Responsibility Statement 192<br />

Auditors’ report 193<br />

Important Addresses 194


3 Letter to Shareholders<br />

Management<br />

5 Report of the Supervisory Board of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

9 <strong>Corp</strong>orate Governance Report<br />

Executive Bodies of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

14<br />

and <strong>Landesbank</strong> <strong>Berlin</strong> AG


Letter to Shareholders<br />

Dear shareholders,<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG closed the difficult banking year of 2008 with small but positive earnings. In<br />

view of the extremely challenging market conditions, this is comparatively good news. However, at the same<br />

time we state clearly that we have higher expectations of ourselves and will put all our efforts into continuing<br />

to fulfil this demand in the coming years.<br />

Up till and including August 2008, <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG was well set to achieve its target for operating<br />

profit. However, in the third quarter of 2008 the situation on the international financial markets deteriorated<br />

drastically, with the effect that extensive guarantee and stabilisation measures were initiated for the financial<br />

systems by national governments. The collapse of certain major banks and insurance companies, particularly<br />

in the USA, led to a general re-evaluation of default risks on the capital market, which could be observed<br />

in the development of risk premiums for all borrowers, and later also for states. Resulting impairments on<br />

investments resulted in a significant negative impact on income statements across the entire financial sector.<br />

The <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG Group did not remain unaffected by these extreme strains on the capital<br />

market.<br />

We have already reported on part of this negative impact on earnings in the presentation of the result on<br />

30 September. For the year as a whole, the negative impact from the financial crisis at <strong>Landesbank</strong> <strong>Berlin</strong><br />

amounted to over € 600 million.<br />

In this environment, <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG still managed to achieve earnings for the year before taxes<br />

totalling € 9 million. This was possible because – although Capital Markets business suffered considerably<br />

from the market conditions – good success continued to be achieved in retail banking, regional corporate<br />

banking and real estate financing business. It was clearly shown that the Group-owned <strong>Berlin</strong>er Sparkasse,<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG and <strong>Berlin</strong> Hyp operate in a customer-oriented, customer-focused and successful<br />

way, even, and in fact particularly, in the crisis.<br />

Management<br />

3


4<br />

Letter to Shareholders<br />

Dear shareholder, the starting point for the Bank’s medium-term development is a good one. We have a<br />

diversified business model, which proves itself to be stable and viable even in difficult times. Growth in loans<br />

and deposits by private customers, the increased number of corporate clients, the good new business volume<br />

and the considerably increased loans portfolio in real estate financing, as well as successful business with<br />

institutional customers, all prove that <strong>Landesbank</strong> <strong>Berlin</strong> is developing successfully, even in a difficult environment.<br />

We deal with costs, risks and liquidity in a responsible and prudent manner, thus ensuring that we<br />

remain a reliable business partner for our customers.<br />

All of this – together with a respectable start to the current year – gives us grounds for cautious optimism.<br />

However, in view of the continued extremely difficult global economic situation and the fact that there is not<br />

yet a foreseeable end to the financial crisis, forecasts of the result for the whole year cannot currently be<br />

prepared with the necessary level of reliability.<br />

Nonetheless, with all due caution we are confident that <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG will overcome the<br />

crisis and put to use the experience it gains in continuing to develop its performance.<br />

With kind regards<br />

The Board of Management<br />

Hans-Jörg Vetter Dr. Thomas Veit


Report of the Supervisory Board of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

During the 2008 financial year, the Supervisory Board kept itself well informed of current events and significant<br />

transactions in six plenary sessions, including one telephone conference, and six committee meetings, of<br />

which two were telephone conferences. It reviewed the situation and business performance of the Bank<br />

regularly, comprehensively and with appropriate urgency both in writing and verbally, and continuously<br />

monitored and satisfied itself that <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG (<strong>Holding</strong>) and its subsidiaries were being<br />

managed properly by the Board of Management.<br />

The Supervisory Board was informed by the Board of Management about the intended business policy and<br />

other fundamental issues of corporate planning, including in particular financial, investment and personnel<br />

planning, the risk situation and compliance. It then advised the Board of Management on all aspects associated<br />

with these matters and gave recommendations where appropriate. Current issues were discussed on<br />

an individual basis by the Chairman of the Board of Management and the Chairman of the Supervisory Board.<br />

In view of the largely identical topics, the Supervisory Board members of <strong>Holding</strong> and <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

(LBB) both met regularly in joint meetings – as did the two Accounting, Personnel and Strategy Committees.<br />

Focus of the work of the Supervisory Board<br />

The subject of all meetings was information provided by the Board of Management on the current business<br />

performance and the earnings of the strategic divisions, as well as detailed discussions of the current situation<br />

of <strong>Holding</strong>, with a particular focus on the crisis on the international financial and Capital Markets. As a result<br />

of the dramatic escalation of the crisis in September 2008, the Supervisory Board and the relevant committee<br />

were informed on an ongoing basis about the impact of the crisis on the <strong>Holding</strong>, pending decisions and the<br />

market environment, and discussed the situation in detail in the meetings.<br />

In addition to reporting on the 2007 financial year, the separate accounts meetings focused primarily on<br />

advising on and auditing the annual and consolidated financial statements and the <strong>Holding</strong> management and<br />

Group management reports as at 31 December 2007, as well as the proposal for the appropriation of the<br />

2007 unappropriated surplus.<br />

Management<br />

Letter to Shareholders | Report of the Supervisory Board<br />

5


6<br />

Report of the Supervisory Board of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

Other topics of the Supervisory Board meetings included the resolution on the focus of the audit for the<br />

annual financial statements for the 2008 financial year, and discussing the interim reports and the risk strategy.<br />

There was also consultation on medium-term planning for the period 2009 to 2013, information on the<br />

earnings outlook for the Group, and the impact of the financial market crisis on the <strong>Holding</strong>.<br />

Outside the Supervisory Board meetings, one resolution was passed by way of circulation procedures during<br />

the 2008 financial year. One member of the Supervisory Board attended fewer than half of the meetings of<br />

the Supervisory Board due to other urgent commitments during the course of the year.<br />

Committees of the Supervisory Board<br />

In the 2008 financial year, the work of the Supervisory Board was supported by the Accounting, Personnel<br />

and Strategy Committee (APS Committee) formed by members of the Supervisory Board. During the past<br />

financial year, the APS Committee dealt principally with questions of accounting, risk management and<br />

compliance as well as personnel matters relating to the Board of Management. The APS Committee met<br />

six times during the reporting year to prepare the content of individual agenda items for the respective<br />

plenary session and intensively examine strategic issues and transactions of particular significance. One<br />

resolution was passed by way of circulation. The focus of the two telephone conferences of the APS<br />

Committee included a discussion of the interim report dated 30 September 2008 with the Board of Management<br />

before publication.<br />

The Mediation Committee formed in accordance with Article 27 (3) of the Mitbestimmungsgesetz (MitbestG –<br />

German Codetermination Act) of 1976 did not meet in the 2008 financial year.<br />

The Supervisory Board received regular and comprehensive reports on the work of the APS Committee in<br />

its plenary sessions. All members of the APS Committee took part in at least half the meetings.<br />

<strong>Corp</strong>orate governance<br />

The implementation of the provisions of the German <strong>Corp</strong>orate Governance Code (GCGC) was discussed<br />

by the Supervisory Board in several meetings. In early 2008, the Supervisory Board subjected its work to<br />

another efficiency review. In cooperation with the Board of Management, the findings of this efficiency review<br />

form the basis for the further optimisation of the work of the Supervisory Board. In December 2008, the<br />

Board of Management and the Supervisory Board issued the annual German <strong>Corp</strong>orate Governance Code<br />

(GCGC) declaration of conformity on the version of the Code dated 6 June 2008. Details of this can be found<br />

in the Company’s <strong>Corp</strong>orate Governance Report. As the Supervisory Boards of <strong>Holding</strong> and LBB are largely<br />

made up of the same people, a joint report is issued. There were no conflicts of interest in the Board of<br />

Management or the Supervisory Board in the year under review.<br />

The declaration of conformity of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG can be accessed on the Company’s<br />

homepage at www.lbb-holding.de.<br />

Further information on corporate governance in the Company and a detailed report on the amount and<br />

structure of the remuneration of the Supervisory Board and the Board of Management can be found on<br />

pages 9 ff. and 52 ff. of this Annual Report.


Personnel changes<br />

In the 2008 financial year, the following personnel change took place in the Supervisory Board: Mr Dietmar<br />

P. Binkowska resigned his office as a shareholder member of the Supervisory Board with effect from<br />

21 November 2008. The Supervisory Board would like to thank Mr Binkowska for his valuable work in this<br />

body. The Local Court responsible appointed Mr Artur Grzesiek as the successor to Mr Binkowska with<br />

effect from 24 November 2008.<br />

Report by the Board of Management on relations with affiliated companies<br />

The Supervisory Board examined the Board of Management’s report on relations with affiliated companies in<br />

accordance with Article 312 AktG for the 2008 financial year. Neither this examination nor the audit performed<br />

by the auditors gave rise to any objections.<br />

The audit company PricewaterhouseCoopers Aktiengesellschaft issued <strong>Holding</strong> with the following audit<br />

opinion for the period from 1 January to 31 December 2008:<br />

“On completion of our audit in accordance with professional standards, we confirm that<br />

1. the factual statements made in the report are correct,<br />

2. the Company’s compensation with respect to the transactions listed in the report was<br />

not inappropriately high.”<br />

On completion of its examination, the Supervisory Board raised no objections to the closing statement by the<br />

Board of Management in its report on relations with associated companies in accordance with Article 312 AktG.<br />

Annual financial statements 2008<br />

These annual financial statements of <strong>Holding</strong> and the management report for the 2008 financial year, as well<br />

as the consolidated financial statements of <strong>Holding</strong> with the Group management report, have been audited<br />

by the auditor mandated by the Annual General Meeting, PricewaterhouseCoopers Aktiengesellschaft<br />

Wirtschaftsprüfungsgesellschaft, Frankfurt / Main, <strong>Berlin</strong> branch, taking into consideration the focus of the<br />

audit determined by the Supervisory Board and with an unqualified audit opinion. The Supervisory Board<br />

approved the auditor’s certificate issued in each case.<br />

During each audit, the Chairman of the Supervisory Board was regularly informed of the content and status<br />

of the audit by the auditor. The annual financial statements of <strong>Holding</strong> were prepared in accordance with the<br />

provisions of the German Commercial Code (HGB), while the consolidated financial statements of <strong>Holding</strong><br />

were prepared in accordance with International Financial Reporting Standards (IFRS). Both the annual financial<br />

statements and the consolidated financial statements together with the management report and the Group<br />

management report and the respective auditor’s report were presented to the Supervisory Board for inspection<br />

following a detailed preliminary examination by the APS Committee.<br />

Management<br />

Report of the Supervisory Board<br />

7


8<br />

Report of the Supervisory Board of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

The accounts meetings of the full Supervisory Board and the APS Committee were attended by the auditors<br />

responsible for signing the annual and consolidated financial statements. The auditors reported on the key<br />

results of their audit and gave detailed answers to questions from the members of these committees. The<br />

Supervisory Board is confident that the auditor has no conflicts of interest in accordance with the GCGC<br />

7.2.1 in terms of an independent audit.<br />

There were no objections to the audit results. The Supervisory Board approved the annual financial statements<br />

of <strong>Holding</strong> and of the Group prepared by the Board of Management as of 31 December 2008 in its meetings<br />

on 27 March 2008. The annual financial statements of <strong>Holding</strong> are thereby adopted in accordance with Article<br />

172 (1) sentence 1 of the German Stock <strong>Corp</strong>oration Act (AktG).<br />

The Supervisory Board approved the proposal by the Board of Management to carry forward the reported<br />

unappropriated surplus of the Company for the 2008 financial year in the amount of € 13,206,360.23 to new<br />

account.<br />

The Supervisory Board would like to thank the members of the Board of Management and all the employees of<br />

the Company for their achievements in a difficult and challenging market environment in the 2008 financial year.<br />

<strong>Berlin</strong>, March 2009<br />

The Supervisory Board<br />

Heinrich Haasis<br />

Chairman


<strong>Corp</strong>orate Governance Report<br />

The Board of Management and the Supervisory Board attach great importance to clear and efficient rules<br />

for managing and monitoring the Company and its subsidiaries. The Supervisory Board and the Board of<br />

Management act in the knowledge that sound corporate governance is in the interests of the Capital Markets<br />

and constitutes an important basis for the success of Group companies and therefore also the employees.<br />

For the Company, compliance with the corporate governance guidelines is also an important factor in<br />

strengthening confidence among the general public.<br />

The Group companies adhere to the recommendations of the German <strong>Corp</strong>orate Governance Code (GCGC),<br />

irrespective of their legal form, to the extent that these principles are applicable to and important for the<br />

implementation of a Group-wide model.<br />

In the interests of acting in a uniform manner, non-listed <strong>Landesbank</strong> <strong>Berlin</strong> AG (LBB) also resolved to apply<br />

the corporate governance principles voluntarily. This is therefore the joint <strong>Corp</strong>orate Governance Report of<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG (<strong>Holding</strong>) and LBB.<br />

<strong>Berlin</strong>-Hannoversche Hypothekenbank AG describes its principles in its own corporate governance report,<br />

including its declaration of conformity.<br />

Board of Management<br />

The Boards of Management of <strong>Holding</strong> and LBB are committed to the principles of sound, responsible,<br />

efficient corporate management and monitoring based on sustained value-added. They manage the respective<br />

company under their own responsibility in accordance with statutory provisions, articles of associations<br />

and internal regulations as well as internal directives and work towards compliance with these by the Group<br />

companies. Each Board of Management develops the strategic orientation of the company with the approval<br />

of the Supervisory Board and ensures that this strategy is implemented.<br />

Both Boards of Management each inform their Supervisory Board promptly and comprehensively of the<br />

business performance of their company, its planning, risk situation, risk management and compliance and,<br />

where applicable, deviations in business performance from the original planning.<br />

Neither the Board of Management of <strong>Holding</strong> nor that of LBB was subject to conflicts of interest while<br />

carrying out their duties with the result that there is no information that must be reported. The composition<br />

of both Boards of Management and the responsibilities of the individual Board of Management members<br />

are presented on page 48.<br />

Management<br />

Report of the Supervisory Board | <strong>Corp</strong>orate Governance Report<br />

9


10<br />

<strong>Corp</strong>orate Governance Report<br />

Supervisory Board<br />

The Supervisory Board of <strong>Holding</strong> comprises 20 members. In accordance with the provisions of the German<br />

Codetermination Act, it is composed of ten shareholder members and ten employee members. The Supervisory<br />

Board of LBB comprises 16 members. Its composition is also in accordance with the provisions of the German<br />

Codetermination Act. It is made up of eight shareholder members and eight employee members. The Supervisory<br />

Boards of <strong>Holding</strong> and LBB are largely made up of the same people.<br />

The members of both Supervisory Boards are named on pages 14 and 15 of the Annual Report.<br />

The Supervisory Boards of <strong>Holding</strong> and LBB advise and monitor the respective Board of Management in its<br />

management of the company and cooperate closely with it in an environment of trust.<br />

The Supervisory Boards have defined material transactions that the Board of Management may only perform<br />

with the approval of the Supervisory Board. Furthermore, they have established rules that serve to prevent<br />

conflicts of interest. The Chairman of the Board of Management constantly exchanges information with the<br />

Chairman of the Supervisory Board.<br />

In both Supervisory Boards, committees have been formed to increase the efficiency of the Supervisory<br />

Board’s work and to deal with complex matters. In addition to the respective Mediation Committee and the<br />

Accounting, Personnel and Strategy Committee, there is also a Credit Committee in the Supervisory Board<br />

of LBB.<br />

The activity of the Supervisory Boards and their committees is governed in each case by the internal regulations<br />

of these bodies. The respective Chairmen inform all Supervisory Board members about the ongoing<br />

work of the committees in the following plenary meeting. The responsibilities of the individual committees<br />

and the key topics discussed by the committees and in the Supervisory Board in the 2008 financial year are<br />

presented in detail in the Report of the Supervisory Board of <strong>Holding</strong> or LBB respectively. As in previous<br />

years, neither of the two Supervisory Boards was subject to conflicts of interest while carrying out their<br />

duties with the result that there is no information that must be reported.<br />

The Supervisory Board of the listed <strong>Holding</strong> undertook an efficiency review in the past year, as did the<br />

Supervisory Board of its wholly-owned subsidiary LBB on a voluntary basis. The review was carried out<br />

using a detailed checklist in each case in which all issues relating to the GCGC were dealt with and<br />

assessed individually by each Supervisory Board member. In the result of the final survey analysis in the<br />

Supervisory Board plenum, both bodies came to the opinion that the efficiency of the Supervisory Board<br />

activities had further improved compared with the previous year. The existing proposals for improvement<br />

were each conveyed to the Board of Management with a request that these be taken into account when<br />

working together with the Supervisory Board in future.<br />

A D&O insurance policy (director and officers’ liability insurance) is in place for members of the Supervisory<br />

Board as well as for members of the Board of Management. To emphasise the responsibility of the individual<br />

body members to the respective company and the shareholders, an appropriate deductible was agreed in<br />

each case.


Transparency<br />

The members of the Board of Management and the Supervisory Board of <strong>Holding</strong> did not carry out any<br />

reportable transactions in <strong>Holding</strong> shares in the 2008 financial year.<br />

The members of the executive bodies of LBB who do not perform management roles in <strong>Holding</strong> also did not<br />

carry out any transactions in <strong>Holding</strong> shares in the 2008 financial year.<br />

No other shares of the Company or related financial instruments that must also be reported under 6.6 of<br />

the GCGC were held by the Board of Management or Supervisory Board members of <strong>Holding</strong> or LBB in the<br />

reporting year.<br />

Remuneration report<br />

The compensation of the Board of Management and the Supervisory Board is presented in a separate remuneration<br />

report for the 2008 fiscal year in the Annual Report. The compensation of the Board of Management<br />

and Supervisory Board members is also broken down individually.<br />

The remuneration report is included in the Group Management Report from page 52 with its presentation of<br />

the remuneration system and from page 181 with details on the compensation of the Board of Management<br />

and Supervisory Board by member in the Notes.<br />

Accounting<br />

The consolidated financial statements for <strong>Holding</strong> and for LBB for the 2008 financial year were reported in<br />

accordance with International Accounting Standards (IAS) / International Financial Reporting Standards (IFRS).<br />

The single-entity financial statements of <strong>Holding</strong> and of LBB are prepared according to the provisions of the<br />

Handelsgesetzbuch (HGB – German Commercial Code).<br />

The consolidated and annual financial statements each contain a detailed risk report that provides information<br />

on the Company’s risk position and risk control. The consolidated financial statements of <strong>Holding</strong> can be<br />

found on pages 74 to 102.<br />

Financial disclosure<br />

Shareholders and other interested parties are kept informed about the business and earnings performance<br />

of <strong>Holding</strong>. In addition to the annual financial statements, interim reports are published in the form of semiannual<br />

and quarterly financial reports. All company news that could affect the share price is published in ad<br />

hoc disclosures. The Internet is widely used in order to ensure that shareholders, shareholder representatives,<br />

analysts and the media receive information – including key financial dates – in a timely manner and, to the<br />

greatest possible extent, at the same time. The annual and interim reports as well as important information<br />

can be found in the “Investor Relations” section here.<br />

Management<br />

<strong>Corp</strong>orate Governance Report<br />

11


12<br />

<strong>Corp</strong>orate Governance Report<br />

Recommendations of the German <strong>Corp</strong>orate Governance Code<br />

In line with the amendments of the German <strong>Corp</strong>orate Governance Code that came into force on 6 June<br />

2008, the Board of Management and Supervisory Board of <strong>Holding</strong> revised and submitted the declaration<br />

of conformity in December 2008.<br />

Contrary to the recommendations in 7.1.2 of the German <strong>Corp</strong>orate Governance Code, the Group has not<br />

yet fulfilled the requirement to make the consolidated financial statements publicly available within 90 days<br />

of the end of the 2008 financial year. For the 2008 financial year, the consolidated financial statements of<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> were published within 90 days of the end of the financial year.<br />

At present, the Supervisory Board does not consider it necessary to form a Nomination Committee made<br />

up exclusively of shareholder representatives to propose suitable candidates to the Supervisory Board for<br />

election by the Annual General Meeting, as a result of the composition of the Supervisory Board on the<br />

shareholder side. The shareholder representatives handle topics recommended by the DCGC for the Nomination<br />

Committee jointly. This ensures that the Supervisory Board is able to fulfil its duty to select new<br />

Supervisory Board members without setting up a separate committee.<br />

The application made in 2007 to have the shareholder representatives of the Supervisory Board appointed<br />

by the court was not limited to the next Annual General Meeting in order to ensure continuity in the work of<br />

the Supervisory Board following conclusion of the restructuring and privatisation process.<br />

The Supervisory Board has decided to waive the dividend-dependent portion of the Supervisory Board<br />

remuneration because it does not consider the level of the dividend to be a benchmark for the quality of<br />

responsible Supervisory Board work. It does not therefore seem appropriate for remuneration to be based<br />

on this. The additional remuneration components for work in committees and acting as chair or deputy<br />

chair of the Supervisory Boards represent an appropriate settlement for additional work. Additional performance-related<br />

remuneration for responsible Supervisory Board work is therefore not considered productive.<br />

When Board of Management contracts are concluded or extended, a compensation cap is not included in<br />

the content of every contract requiring that, if the Board of Management duties are terminated early without<br />

good cause, settlement payments are limited to the amount of two years’ compensation including fringe<br />

benefits. If compensation caps are agreed generally, it is no longer possible to take into account individual<br />

circumstances when concluding or extended contracts. As a result, a decision should therefore be made<br />

in each individual case on whether a compensation cap should be agreed.


In view of this, a revised declaration of conformity was issued as of December 2008 and published on the<br />

Bank’s website.<br />

The wording of the declaration of conformity of the Board of Management and the Supervisory Board in<br />

accordance with Article 161 of the Aktiengesetz (AktG – German Stock <strong>Corp</strong>oration Act), submitted on the<br />

basis of the GCGC in the version published on 6 June 2008, is as follows:<br />

“Article 1 <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG complied / complies with all the recommendations of the Government<br />

Commission on the German <strong>Corp</strong>orate Governance Code announced by the Federal Ministry of Justice in<br />

the official section of the electronic Bundesanzeiger (Federal Gazette) with the exceptions mentioned under<br />

Article 2.<br />

§ 2 <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG deviates from the following recommendations of the Code:<br />

(a) The requirement to make the consolidated financial statements publicly accessible within 90 days of the<br />

end of the financial year could not be met by the Group in the past. In future, this requirement should be<br />

met (7.1.2 of the GCGC).<br />

(b) The Supervisory Board does not form a Nomination Committee, which proposes suitable candidates for<br />

its elections to the Annual General Meeting (5.3.3 of the GCGC).<br />

(c) The period in office of members of the Supervisory Board of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG appointed<br />

by resolution of the Charlottenburg Local Court of August 30, 2007 was not limited to the Annual General<br />

Meeting of the following year (5.4.3 of the GCGC).<br />

(d) The members of the Supervisory Board do not receive any performance-related remuneration (5.4.7 of<br />

the GCGC).<br />

(e) When Board of Management contracts are concluded , a compensation cap is not included in the content<br />

of every contract requiring that, if the Board of Management duties are terminated early without due<br />

reason, settlement payments are limited to the amount of two years’ compensation including additional<br />

payments.”<br />

The Board of Management and the Supervisory Board<br />

of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

Management<br />

<strong>Corp</strong>orate Governance Report<br />

13


14<br />

Executive Bodies of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

and <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Board of Management<br />

Hans-Jörg Vetter<br />

Chairman<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Dr. Thomas Veit<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Serge Demolière<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Dr. Johannes Evers<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Hans Jürgen Kulartz<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Martin K. Müller<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Supervisory Board<br />

Heinrich Haasis<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Chairman<br />

President of the German Savings Banks<br />

and Giro Association (DSGV)<br />

Bärbel Wulff *<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Deputy Chairwoman<br />

Chair of the Works Council<br />

of <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Gregor Böhmer<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Former Managing President<br />

of the German Savings Banks and<br />

Giro Association of Hesse-Thuringia<br />

Dagmar Brose *<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

Consultant in the Finance division<br />

at <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Hans Jörg Duppré<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

President of the Deutscher Landkreistag<br />

(German County Association)<br />

Christina Förster *<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Financial Services Secretary,<br />

ver.di <strong>Berlin</strong>-Brandenburg region<br />

Artur Grzesiek<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Chairman of the Board of Management<br />

of Sparkasse Köln / Bonn


Sascha Händler *<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Member of the Works Council<br />

of <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Export finance customer adviser<br />

at <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Jürgen Hilse<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Chairman of the Management Board<br />

of Kreissparkasse Göppingen<br />

Claus Friedrich Holtmann<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Managing President of the East German<br />

Savings Bank Association<br />

Michael Jänichen *<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Divisional Manager of Regional <strong>Corp</strong>orate Banking<br />

at <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Daniel Kasteel *<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Member of the Works Council<br />

of <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Customer adviser for sales division east<br />

Thomas Mang<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

President of the Savings Bank Association<br />

of Lower Saxony<br />

Astrid Maurer *<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Member of the Works Council <strong>Landesbank</strong> <strong>Berlin</strong> AG,<br />

Women’s Officer of <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Andreas Rohde *<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Member of the Works Council<br />

of <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Peter Schneider<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

President of the Savings Bank Association<br />

of Baden-Württemberg<br />

Friedrich Schubring-Giese<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

Chairman of the Management Board<br />

of Versicherungskammer Bayern<br />

Joachim Tonndorf *<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

Former Financial Services Secretary,<br />

ver.di <strong>Berlin</strong>-Brandenburg region<br />

Dr. Harald Vogelsang<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Chairman of the Management Board<br />

of HASPA Finanzholding<br />

and Hamburger Sparkasse AG<br />

Frank Wolf *<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Head of Financial Services Department,<br />

ver.di <strong>Berlin</strong>-Brandenburg region<br />

* Employee representatives<br />

Status: March 2009<br />

Management<br />

Executive Bodies<br />

15


<strong>Landesbank</strong> <strong>Berlin</strong> –<br />

a reliable partner<br />

at all times<br />

The global economy is facing great challenges. Almost<br />

all industries are impacted by the developments on the<br />

international markets. The financial market crisis is now<br />

affecting all of us: as a bank, as savers, as investors.<br />

Many people are feeling concerned. We have responded<br />

to this with our range of consultation services. It is<br />

precisely in economically difficult times that our work<br />

in partnership with our customers has to prove itself.<br />

Alongside daily conversations at our branches, we also<br />

organise customer events and take part in reader telephone<br />

events about the current situation on the financial<br />

markets. Intensive use is made of these services, since<br />

there is a high level of need for information. Responsibility<br />

is also shown by the fact that we have maintained<br />

the same criteria as before for issuing loans to small<br />

and medium-sized business customers and to private<br />

customers. We have made it our goal to navigate our<br />

customers securely through these uncertain times.<br />

Our commitment and the dedication of our employees<br />

have been recognised. We are proud of this.


Innovative – with modern<br />

financial services<br />

We offer our customers a comprehensive<br />

range of services and advice,<br />

with specialised products and flexible<br />

banking possibilities. We aim to keep<br />

improving our products and services<br />

on an ongoing basis, thus expanding<br />

our already leading market position.<br />

In retail banking business, <strong>Berlin</strong>er<br />

Sparkasse is by far the No. 1 among<br />

providers of comprehensive banking<br />

services in Germany’s capital. Likewise<br />

in regional corporate banking, we are<br />

also the market leader in <strong>Berlin</strong>. In<br />

commercial real estate financing, we<br />

have gained a sustained solid position<br />

on the national market, too. Selected<br />

capital market activities with innovative<br />

products und services round off our<br />

well-balanced business model.


Trustworthy –<br />

close to our customers<br />

Banks live on the basis of the trust<br />

their customers place in them. However,<br />

this trust can only exist if we<br />

keep proving it justified day by day<br />

and live according to reliable principles.<br />

We do this with over 6,000<br />

employees for approximately two million<br />

customers. The requirements<br />

and wishes of people and companies<br />

form the basis of our work. A bank’s<br />

closeness to its customers must consist<br />

of more than just an extensive<br />

network of branches and easy accessibility.<br />

It is also determined by the<br />

extent to which our advisors are aware<br />

of the individual needs of each customer<br />

and deal with these specifically.<br />

Only then can a customised solution<br />

with substance be provided based on<br />

the customer’s wishes.


Expert and fair –<br />

our claim<br />

In uncertain times, it is particularly<br />

important to act in a transparent<br />

way. We aim to offer our customers<br />

expert advice and attractive products.<br />

When markets change, it is a case<br />

of examining investment and financing<br />

goals together and adapting these<br />

where necessary. This can only be<br />

achieved through personal conversa-<br />

tions, openness in our dealings with<br />

one another, and mutual trust. Whether<br />

they are employees, students or pen-<br />

sioners, a high-tech company, a bakery<br />

or a fashion boutique – the variety<br />

among our customers always keeps us<br />

in touch with the real world in our<br />

daily work. Our specialists und experts<br />

advise, finance and offer ongoing<br />

support with our customers’ life plans,<br />

both for private individuals and for<br />

small and medium-sized companies.<br />

We have a particular commitment to<br />

three claims: quality, innovation and<br />

fairness.


Proven – through our<br />

long history<br />

The unity between Sparkasse and<br />

<strong>Landesbank</strong> has a long history in<br />

<strong>Berlin</strong>. <strong>Berlin</strong>er Sparkasse has been<br />

acting by public-sector mandate as<br />

a banking partner for <strong>Berlin</strong>ers ever<br />

since 1818. In the 1920s, the bank<br />

first began to assume clearing house<br />

functions as well. Even back then,<br />

this model guaranteed short decision<br />

paths and attractive offers. Today,<br />

almost every second <strong>Berlin</strong>er is a cus-<br />

tomer of <strong>Berlin</strong>er Sparkasse, which<br />

for 200 years has had a special<br />

responsibility towards the citizens of<br />

<strong>Berlin</strong>. <strong>Berlin</strong>er Sparkasse does not<br />

just want to be the market leader in<br />

<strong>Berlin</strong>: it also clearly asserts its claim<br />

to be the leader for quality in the<br />

<strong>Berlin</strong> banking market – with first-rate<br />

services.


27 Strategic divisions<br />

28 Retail Banking<br />

About the company<br />

32 Regional <strong>Corp</strong>orate Banking<br />

36 Capital Markets<br />

39 Real Estate Financing<br />

42 Employees<br />

43 Share Price of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG


Strategic divisions<br />

The business model of <strong>Landesbank</strong> <strong>Berlin</strong> is based<br />

on four divisions, namely Retail Banking, Regional<br />

<strong>Corp</strong>orate Banking, Capital Markets and Real Estate<br />

Financing. With this strategic line-up LBB is an<br />

effective universal bank for <strong>Berlin</strong>-Brandenburg. It<br />

occupies leading market positions in all divisions<br />

in its core region. In sub-areas such as credit card<br />

business, publicly offered funds or commercial real<br />

estate financing, it also ranks among the leading<br />

providers nationally. In the German capital, <strong>Landesbank</strong><br />

<strong>Berlin</strong> is the top financial services provider and<br />

stands for client orientation, security and innovation.<br />

About the company<br />

27


The retail banking business of <strong>Landesbank</strong> <strong>Berlin</strong> is primarily<br />

operated regionally by <strong>Berlin</strong>er Sparkasse – by the number of<br />

bank accounts, it is the largest savings bank in Germany. Nationally,<br />

these activities are supplemented by credit card business,<br />

the sales financing acquired in 2008, and netbank AG, operating<br />

as an exclusively Internet bank.<br />

28<br />

Retail Banking<br />

In 2008, the Retail Banking division posted a pleasing business development overall,<br />

despite the large-scale uncertainty among many customers due to the financial crisis.<br />

The good customer contact by our advisors, open communication with customers<br />

and the high quality of service and advice in our branches helped to ensure confidence<br />

in Sparkasse as a solid and reliable financial partner. <strong>Berlin</strong>er Sparkasse remains the<br />

undisputed market leader in <strong>Berlin</strong>. At the beginning of 2008, in its national business,<br />

the acquisition of sales financing from BHW Bank represented another future investment<br />

with development potential.<br />

ReTAIL BANkING – LoANS<br />

in € million 31.12.2008 31.12.2007 1)<br />

Current account 292 298<br />

Near-money market loans 541 400<br />

Real estate loans 1,541 1,554<br />

Other loans (e.g. consumer loans) 1,583 1,003<br />

Total loans and advances to customers 3,957 3,255<br />

ReTAIL BANkING – DepoSITS<br />

in € million 31.12.2008 31.12.2007 1)<br />

Demand deposits 3,159 3,441<br />

Overnight deposits 506 17<br />

Term deposits / savings certificates 483 572<br />

Savings deposits 7,185 6,718<br />

‘Cash direkt’ 1,017 735<br />

Total customer deposits 12,350 11,483<br />

1) Figures for the previous year have been adjusted


<strong>Berlin</strong>’s economy weakening<br />

After posting a slight upward trend in the previous<br />

year, the economy in <strong>Berlin</strong> declined in the second<br />

half of 2008. <strong>Berlin</strong>’s gross domestic product grew<br />

by only 1.6 % over the whole of the year, compared<br />

to 2.0 % in 2007.<br />

Although the number of persons employed increased<br />

and the number of unemployed decreased, the economic<br />

situation of our retail banking customers<br />

improved only slightly overall. Disposable income in<br />

<strong>Berlin</strong> remains below the national average, as does<br />

the savings rate. The number of personal insolvencies<br />

decreased by approximately a quarter as a result of<br />

changes to procedures.<br />

Further increase in instalment loans<br />

The instalment loans / all-purpose loans business of<br />

<strong>Landesbank</strong> <strong>Berlin</strong> grew as planned in 2008. At the<br />

year-end, the portfolio of this type of loans was<br />

10.9 % up on the same date in the previous year, at<br />

€ 602.7 million. New business in instalment loans /<br />

all-purpose loans reached € 416.8 million (previous<br />

year: € 363.4 million). <strong>Landesbank</strong> <strong>Berlin</strong>’s private<br />

construction finance business also increased in<br />

2008. New business in loan extensions increased<br />

by 10.3 % to € 183.2 million.<br />

The lending volume of the Private Banking division<br />

totalled € 3.96 billion as of December 31, 2007 and<br />

was consequently 21.6 % up on the figure for the<br />

previous year. The new activities in sales financing<br />

create additional sales channels for <strong>Landesbank</strong><br />

<strong>Berlin</strong> in its instalment loans business, and create<br />

further business potential nationally in connection<br />

with the card business and the Internet sales via<br />

netbank AG.<br />

Stock market trends benefit deposits business<br />

The securities business of <strong>Landesbank</strong> <strong>Berlin</strong> could<br />

not escape the negative performance of the stock<br />

market. Custodian account volume (including LBB-<br />

Invest accounts and DekaBank securities accounts)<br />

fell sharply by 20 % due to market jitters. However,<br />

the deposits business benefited from the increased<br />

need for security among customers. As a result,<br />

<strong>Landesbank</strong> <strong>Berlin</strong> increased its deposit volume<br />

by a total of 6 % to € 11.6 billion, and to as much<br />

as € 12.35 billion when netbank AG is included.<br />

Sales of certificates were significantly affected in the<br />

last few months of the 2008 financial year due to<br />

general public discussion about this type of security<br />

following the insolvency of Lehman Brothers in the<br />

USA. Gross sales of certificates, including in the<br />

FlexInvest product family, therefore decreased to<br />

€ 254 million during the financial year as a whole<br />

(previous year: € 351 million).<br />

About the company<br />

Retail Banking<br />

29


30<br />

Retail Banking<br />

Insurance and building society business<br />

develop as planned<br />

<strong>Landesbank</strong> <strong>Berlin</strong>’s insurance business also developed<br />

as forecast in 2008. Net policy premiums (life<br />

assurance and annuity insurance including fundlinked<br />

agreements and direct public service insurance)<br />

rose by 15.3 % to € 283.4 million.<br />

Building society business generated growth in total<br />

savings of 10.0 % to € 336.5 million.<br />

National business grows independently and<br />

due to acquisitions<br />

<strong>Landesbank</strong> <strong>Berlin</strong> successfully maintained its position<br />

as the largest issuer of credit cards in Germany.<br />

Numerous market cooperation programmes were the<br />

basis for continuous growth in this regard, and also<br />

offer potential for additional business with cooperation<br />

partners. In this way, <strong>Landesbank</strong> <strong>Berlin</strong> will<br />

extend its cooperation with the ADAC beyond the<br />

co-branding of credit cards. Furthermore, in direct<br />

sales, cooperation with netbank AG is being<br />

strengthened.<br />

The number of credit cards issued increased in<br />

the reporting year to more than 1.97 million cards,<br />

an increase of 10.7 % from the 1.78 million cards<br />

at the end of the previous year. As a result of the<br />

acquisition of sales financing from the BHW bank,<br />

it also acquired the BHW’s credit card portfolio<br />

with 113,000 credit cards issued.<br />

Customer-oriented sales network<br />

Despite the financial crisis, we maintained our effective<br />

and dense sales and service network as the basis<br />

for contact with customers. In 2008, stationary sales<br />

comprised 146 Retail Banking Centres, 27 Asset<br />

Management Centres, three Real Estate Centres and<br />

one Private Banking Centre at <strong>Berlin</strong>er Sparkasse.<br />

This enables <strong>Berlin</strong>er Sparkasse to support its customers<br />

as a contact providing information, expert<br />

consultancy services and individual problems across<br />

the region. There are also 20 self-service centres<br />

where clients can carry out banking transactions<br />

independently of branch opening hours, which were<br />

supplemented by a further 81 ATMS.<br />

In online banking, we have further increased mobility<br />

and security for our customers by introducing TAN<br />

numbers sent by SMS and the chip-TAN. Sparkasse’s<br />

improved voice-controlled telephone banking system<br />

was introduced at the end of 2008.


pRoSpecTS foR 2009<br />

At the beginning of 2009, the new current account concept was launched. This<br />

was developed according to the needs of our customers and employees on the<br />

basis of extensive surveys. The revised key current account product in the private<br />

Banking division supports the objective of increasing the number of customer<br />

accounts and thereby anchoring our position as the market leader in <strong>Berlin</strong>.<br />

We will continue to stand by the established quality strategy of <strong>Landesbank</strong> <strong>Berlin</strong> /<br />

<strong>Berlin</strong>er Sparkasse. This means that we demand appropriate conditions and<br />

prices for attractive products and a high level of service and consultation, and<br />

that we clearly distance ourselves from the aggressive price policies of some<br />

of our competitors. In times such as the present, when the reliability and respectability<br />

of the relationship between the bank and the customer are coming<br />

increasingly into focus, we are convinced that our strategy will receive a positive<br />

response from the market.<br />

During the past year, the German Institute for Service Quality, in its investigation<br />

of consultancy on pensions at 15 banks, confirmed the performance of <strong>Berlin</strong>er<br />

Sparkasse by placing it in leading position in its overall assessment, awarding it<br />

a “good” for service quality.<br />

About the company<br />

Retail Banking<br />

31


<strong>Landesbank</strong> <strong>Berlin</strong> is the market leader in the Regional corporate<br />

Banking business in the core region of <strong>Berlin</strong>­Brandenburg. It supports<br />

approximately 63,400 business clients and small and mediumsized<br />

companies with a diverse range of products and services.<br />

A local presence combined with extensive market knowledge, competencies<br />

and a demand for the highest levels of quality form the<br />

basis of the business model. The support concept is thus tailored to<br />

individual customer needs during all phases of the company cycle.<br />

32<br />

Regional <strong>Corp</strong>orate Banking<br />

The Regional <strong>Corp</strong>orate Banking segment also posted a stable development of business<br />

in 2008. There was encouraging development in the Regional <strong>Corp</strong>orate Banking<br />

business market position. According to a study carried out again in 2008 on the<br />

regional corporate banking market in <strong>Berlin</strong> and the surrounding regions, the <strong>Landesbank</strong><br />

<strong>Berlin</strong> and <strong>Berlin</strong>er Sparkasse joint venture is the market leader in this core<br />

region. In comparison to the last survey, considerably more companies chose <strong>Landesbank</strong><br />

<strong>Berlin</strong> or <strong>Berlin</strong>er Sparkasse as their principal bank. In 2008, the number of<br />

ReGIoNAL coRpoRATe BANkING – LoANS<br />

in € million 31.12.2008 31.12.2007 1)<br />

Overnight / term money 511 926<br />

Current account 254 183<br />

Real estate loans 875 957<br />

Other loans 3,843 3,770<br />

Total loans and advances to customers 5,483 5,836<br />

ReGIoNAL coRpoRATe BANkING – DepoSITS<br />

in € million 31.12.2008 31.12.2007 1)<br />

Demand deposits 1,089 1,287<br />

Overnight deposits 1,083 588<br />

Term deposits / savings certificates 1,230 1,081<br />

Savings deposits 245 260<br />

‘Cash direkt’ / Flexgeld 526 299<br />

Total customer deposits 4,173 3,515<br />

1) Figures for the previous year have been adjusted


clients rose by almost 1,000. We see this trust placed<br />

in us by corporate clients as an indication of the<br />

quality of our business model and our customer support<br />

principles. We are adhering to this, even in these<br />

economically difficult times. <strong>Berlin</strong>er Sparkasse is<br />

one of Germany’s leading savings banks for consultancy<br />

and start-up finance.<br />

The operating result increased again. Despite intensive<br />

competition with regard to terms, which led to<br />

decline in margins in the area of deposits, net interest<br />

income was up 3.6 % year-on-year. There was<br />

also pleasing development in terms of risk costs in<br />

2008. Net fee and commission income exceeded<br />

last year’s value by a considerable amount. This can<br />

attributed to assigning export finance to the Regional<br />

<strong>Corp</strong>orate Banking segment for the first time during<br />

the reporting year.<br />

Persistent challenges in the market<br />

environment<br />

In 2008, the economic upward trend slowed in our<br />

core region. Key growth drivers were the innovative<br />

technology sectors and business support services.<br />

However, the economic power of the predominantly<br />

small-scale corporate landscape remained below<br />

average compared with other German states. Yet the<br />

frequency of company insolvencies was above the<br />

national average. Falls in orders which have been<br />

posted in part, the development in energy prices as<br />

well as business prospects estimated as being<br />

tougher in view of the financial and economic crisis<br />

all contributed to planned capital expenditure projects<br />

being postponed at least in part.<br />

In 2008, the Regional <strong>Corp</strong>orate Banking business<br />

was also affected by intensive competition and high<br />

pressure on margins in all client segments. In this<br />

market environment, <strong>Landesbank</strong> <strong>Berlin</strong> succeeded<br />

in further improving its market penetration. This<br />

strength can again be seen in the net growth in<br />

small and medium-sized client numbers and in the<br />

business client segment.<br />

Average lending for the year expanded<br />

In 2008, despite the difficult general economic conditions,<br />

the business volume at <strong>Landesbank</strong> <strong>Berlin</strong><br />

expanded. Although the volume of client receivables<br />

fell to € 5.5 billion as at the reporting date as a result<br />

of short-term loans, the average for the year in terms<br />

of the corporate loans portfolio increased year-onyear<br />

by 7.6 %. New business also expanded. We<br />

continued our strict risk policy.<br />

Encouraging growth in deposits<br />

The deposits business for Regional <strong>Corp</strong>orate Banking<br />

at <strong>Landesbank</strong> <strong>Berlin</strong> once again showed an<br />

encouraging development. The volume of customer<br />

deposits as at the balance sheet date 31 December<br />

2008 exceeded the previous year’s value by 18.7 %,<br />

reaching € 4.2 billion. The considerable growth in<br />

deposits corresponded to the sector trend for German<br />

companies in the <strong>Berlin</strong>-Brandenburg banking centre<br />

up until the third quarter. In the fourth quarter of<br />

2008, boosted growth in deposits made by small<br />

and medium-sized companies and business clients<br />

was posted for Regional <strong>Corp</strong>orate Banking at<br />

<strong>Landesbank</strong> <strong>Berlin</strong> as a reaction to the turbulence on<br />

the financial markets. This development again confirms<br />

our customers’ high level of trust in the safety<br />

of their deposits and the reliability of our business<br />

model.<br />

About the company<br />

Regional <strong>Corp</strong>orate Banking<br />

33


34<br />

Regional <strong>Corp</strong>orate Banking<br />

Proven sales channel mix<br />

The sophisticated support concept at <strong>Landesbank</strong><br />

<strong>Berlin</strong> with clear client segmentation and an innovative<br />

sales channel mix has proved its worth. There<br />

are three ways in which clients can contact us – by<br />

phone via BusinessLine direct bank sales, via clientoriented,<br />

fixed Regional <strong>Corp</strong>orate Banking Centres<br />

or via departments for small and medium-sized corporate<br />

clients. Representative surveys have shown<br />

that the satisfaction of business clients and small<br />

and medium sized companies has increased further<br />

across all sales channels.<br />

We are continuing to ensure a high level of quality in<br />

our corporate client support. We have introduced a<br />

structured consultation process for this purpose<br />

which we developed further in 2008. The structured<br />

“Balance sheet rating communication” was introduced<br />

in 2008 which we would like to deploy to a<br />

greater extent. We are thus reacting to the ongoing<br />

high level of information required by corporate clients.<br />

Our customer advisers explain the complexities<br />

behind the ratings combined with financial analyses<br />

during lending decisions. Our structured approach<br />

towards support contributes to ensuring high quality<br />

standards in Regional <strong>Corp</strong>orate Banking and to<br />

strengthening customer loyalty. Activity management<br />

is supported by a modern Customer Relationship<br />

Management system in all sales channels.<br />

Successful expansion of quality strategy<br />

In 2008, the quality strategy for Regional <strong>Corp</strong>orate<br />

Banking was developed further. Independent,<br />

national auditors from TÜV Rheinland had already<br />

certified the BusinessLine and Regional <strong>Corp</strong>orate<br />

Banking Centre sales channels in 2007, which cover<br />

the entire business client segment. Thanks to this<br />

certification, <strong>Landesbank</strong> <strong>Berlin</strong> together with <strong>Berlin</strong>er<br />

Sparkasse is setting a challenging benchmark for<br />

competitors in terms of quality. Another audit was<br />

also carried out successfully in the reporting year.<br />

Client opinion confirms marked satisfaction, high<br />

readiness to recommend, reliability and competence.<br />

We have optimised our processes further in the<br />

Re gion al <strong>Corp</strong>orate Banking business as an element<br />

of this quality strategy in order to be able to give<br />

our clients an ambitious service commitment. For<br />

example, structuring credit processes in the Regional<br />

<strong>Corp</strong>orate Banking segment ensures that, when<br />

con ditions are met, a loan decision can be made<br />

within 48 hours.<br />

Product and services range further developed<br />

The company accounts models introduced in October<br />

2007, broken down into basic price, free items and<br />

other features, have established themselves in the<br />

reporting year as a solid component of a demandoriented<br />

product range. This range accommodates<br />

the varied demand and usage patterns of the companies.<br />

Our corporate clients have responded well<br />

to this concept. This also ensured a sustainable<br />

basis for future net commission income in payment<br />

services.<br />

In 2008, <strong>Landesbank</strong> <strong>Berlin</strong> developed the concept<br />

of hospital forfeiting for the hospitals target group<br />

and introduced it as a new product. This concept<br />

involves acquiring hospital claims on legal German<br />

health insurers. This means that industry expertise<br />

was used specifically for expanding the range of<br />

products.


Close dialogue with regional economy<br />

Further advances were made in the close dialogue<br />

with the regional economy in the Regional <strong>Corp</strong>orate<br />

Banking. In 2008, we carried out a second SME<br />

survey in cooperation with the German Institute for<br />

Economic Research (DIW). The increased participation<br />

shows the huge interest small and medium-sized<br />

companies have in reporting their economic situation,<br />

finance plans and business prospects.<br />

pRoSpecTS foR 2009<br />

In March 2008, a cooperation agreement was concluded<br />

with the School of Economics on the subject<br />

of business succession. <strong>Landesbank</strong> <strong>Berlin</strong> is thus<br />

contributing to a closer linkage of theory and practice<br />

thanks to its special expertise and is promoting<br />

economic commitment. The intensive support<br />

<strong>Landesbank</strong> <strong>Berlin</strong> has given to the <strong>Berlin</strong>-Brandenburg<br />

Innovation Prize and the Business Plan Competition<br />

also gives a clear message. Since 2000,<br />

<strong>Berlin</strong>er Sparkasse has financed approximately<br />

1,300 start-ups and business successions. In 2008<br />

alone, we have enabled more than 300 company<br />

founders and successors to start up their own<br />

company.<br />

Thanks to its established and reliable business model, <strong>Landesbank</strong> <strong>Berlin</strong> continues<br />

to provide its business clients and small and medium­sized companies in<br />

the core region of <strong>Berlin</strong>­Brandenburg with a client­oriented, competent regional<br />

bank with an extensive range of financial services. In order to consolidate our<br />

leading market position, we wish to intensify our existing customer accounts<br />

and push ahead with acquiring new customers. The quality competitive factor<br />

will continue to gain in importance in support processes in all client segments –<br />

especially after customer experiences in these times of crisis on the financial<br />

markets. our strategic aim is to continue to strengthen the earnings basis in our<br />

operating business. The continuation and development of the lending business<br />

and the commission earnings services business will also contribute to this via<br />

product and service ranges in line with the market. <strong>Landesbank</strong> <strong>Berlin</strong> will<br />

adhere to its strict income and risk­oriented business policies of recent years.<br />

About the company<br />

Regional <strong>Corp</strong>orate Banking<br />

35


36<br />

Capital Markets<br />

In the capital Markets business, <strong>Landesbank</strong> provides capital market<br />

products and solutions aimed at financial institutions, institutional<br />

investors and also private clients. In 2008, despite a broad­based<br />

positioning with extensive, cross­product client activities and a<br />

conservative investment policy, the divisions were – just as the<br />

entire banking community – affected by the global financial crisis<br />

and posted significant charges on earnings.<br />

In 2008, the Capital Markets segment continued its strategic orientation towards<br />

client-oriented business and forms of investment which are less susceptible to fluctuations.<br />

However, the escalation of the global crisis on the financial markets also<br />

affected <strong>Landesbank</strong> <strong>Berlin</strong>’s investment strategies. The significant increase in risk<br />

premiums (credit spreads) led to huge losses, particularly as a consequence of the<br />

collapse of Lehman Brothers and the Icelandic banks. Shortages of liquidity on the<br />

markets and products exacerbated the problem of price determination for many<br />

assets. The proprietary trading strategies of <strong>Landesbank</strong> suffered considerably as<br />

a result of market jitters, meaning that only a few strategies were actually successful.<br />

Earnings from customer business did not compensate for falls in value from the<br />

investment strategies and the badly hit trading activities.<br />

cApITAL MARkeTS – LoANS<br />

in € million 31.12.2008 31.12.2007 1)<br />

Loans and advances to banks 15,952 18,156<br />

Total loans and advances to customers 1,659 2,199<br />

Assets recognised at fair value<br />

through profit or loss 16,136 12,817<br />

Financial assets 32,202 35,666<br />

cApITAL MARkeTS – DepoSITS<br />

in € million 31.12.2008 31.12.2007 1)<br />

Deposits by banks 37,427 38,662<br />

Total customer deposits 3,483 3,540<br />

Securitised debt 5,202 5,742<br />

Liabilities recognised at fair value<br />

through profit or loss 16,400 9,972<br />

1) Figures for the previous year have been adjusted


Net interest income developed extremely positively,<br />

increasing to € 381 million. It was thus up € 251 million<br />

year-on-year. This success is mainly due to money<br />

market activities.<br />

As a result of the jitters on the credit markets, there<br />

was a decline in net income from financial instruments<br />

recognised at fair value through profit and<br />

loss, in the amount of € 243 million to € – 284 million.<br />

Due to the write-downs on exposures with Lehman<br />

Brothers, Washington Mutual, Icelandic banks and<br />

funds, net income from financial assets declined by<br />

€ 267 million year-on-year to € – 293 million.<br />

At € 53 million, allowance for losses on loans and<br />

advances was up € 83 million year-on-year. The key<br />

influencing factors were the collapse of Lehman<br />

Brothers and valuation allowances for securitised<br />

US real estate loans as well as, to a lesser extent,<br />

worsening country ratings (for example Ukraine,<br />

Kazakhstan).<br />

In 2008, net commission income was affected for the<br />

first time by an income settlement from the reassignment<br />

of export financing to the Regional <strong>Corp</strong>orate<br />

Banking segment (€ – 14 million). At € 30 million, net<br />

fee and commission income was down € 8 million<br />

as against 31 December 2007 (after adjustment for<br />

the above income settlement), mainly resulting from<br />

falling brokerage income.<br />

Administrative expenses fell year-on-year by € 21 mil-<br />

lion to € 152 million. Alongside the continued success<br />

of cost reduction measures, the reassignment of<br />

income from the export financing department to the<br />

Regional <strong>Corp</strong>orate Banking segment also led to<br />

easing of expenses.<br />

At € – 391 million, the result from Capital Markets<br />

was down € 380 million year-on-year as a result of<br />

negative impacts caused by market conditions.<br />

Financial market crisis affects LBB-INVEST<br />

The growth achieved over recent years in the special<br />

and mutual funds of LBB-INVEST did not continue in<br />

2008. The fund volume decreased from € 12.8 billion<br />

at the end of 2007 to € 10.3 billion at the end of 2008.<br />

The decline in the mutual fund volume to € 3.4 billion<br />

is mainly attributable to price losses on the share<br />

markets.<br />

The outstanding certificate volume fell to € 2.3 billion<br />

in the course of the financial crisis, mainly driven by<br />

price effects. Gross sales of certificates and structured<br />

products amounted to € 1.2 billion in the reporting<br />

year.<br />

<strong>Landesbank</strong> <strong>Berlin</strong> will continue to provide its customers<br />

with creative, tailored product solutions based<br />

on its many years’ experience and recognised competence<br />

in the market, even though it is not yet<br />

foreseeable where customer demand will be focused<br />

following the uncertainties brought about by the<br />

financial crisis.<br />

Initially in 2008, business volume in international<br />

business markedly expanded, particularly in export<br />

finance. With the escalation of the financial crisis,<br />

limits and thus new business were scaled back in<br />

the fourth quarter. In our operating business, income<br />

was up € 4 million year-on-year.<br />

About the company<br />

Capital Markets<br />

37


38<br />

Capital Markets<br />

Capital Markets’ strategic line-up<br />

The Capital Markets division comprises the Treasury<br />

& Trading, Client Business and International Business<br />

units.<br />

Treasury & Trading combines trading and investment<br />

activities in treasury and proprietary trading. It holds<br />

a central function for the entire Group’s liquidity<br />

support and refinancing.<br />

pRoSpecTS foR 2009<br />

Client Business combines all cross-product customer<br />

activities.<br />

The International Business unit provides corporate<br />

clients and financial institutions with tailored financing<br />

instruments for markets in Central and South<br />

Eastern Europe as well as CIS countries, including<br />

central Asia.<br />

The crisis on the financial markets has shown that our many years spent focusing<br />

on client­oriented business has been the correct strategic approach for <strong>Landesbank</strong><br />

<strong>Berlin</strong>. The challenge for 2009 is to adapt the Bank’s product range in line<br />

with the market in order to meet investors’ expectations which have altered as a<br />

result of the crisis.<br />

Based on the core competencies of capital Markets in this sector, we see good<br />

opportunities to maintaining a firm position in the market. With the decline<br />

in short­term interest and the introduction of settlement tax, income­oriented<br />

products will be even more in demand.<br />

When the markets stabilise and with a continued investment requirement,<br />

opportunities will again be opened up for LBB­INVeST. We plan to offer new<br />

product categories when this happens.<br />

However, it is still very near impossible to forecast further development on the<br />

financial markets. This makes it difficult to orient our product range and to make<br />

projections on customer demand. However, further development on the financial<br />

markets and stricter regulations, towards which politicians are working, will set<br />

parameters according to which the segment will have to orient itself both in its<br />

strategies and operations in 2009.


Real Estate Financing<br />

In 2008, the division continued the successful developments of previous years. At<br />

€ 6.7 billion, contracted new business volume in its core business was up slightly<br />

year-on-year, despite the difficult market environment. The situation on the financial<br />

markets led to additional opportunities for new business in the first half year, since<br />

demand for finance exceeded supply. Increasingly difficult capital market conditions<br />

successively led to a higher cost of funds, and thus to considerable increases in<br />

interest. As a consequence, demand from investors contracted as scheduled projects<br />

were cancelled or postponed in view of the market situation. Reversals of allowances<br />

for losses and higher net commission income contributed to the fact that the division’s<br />

operating result again exceeded the high value of € 246 million in the previous year,<br />

increasing to € 259 million.<br />

ReAL eSTATe fINANcING – LoANS<br />

in € million 31.12.2008 31.12.2007 1)<br />

Real estate loans 25,563 24,405<br />

Other loans 8,165 8,635<br />

Total loans and advances to customers 33,728 33,040<br />

ReAL eSTATe fINANcING – DepoSITS<br />

in € million 31.12.2008 31.12.2007 1)<br />

Demand deposits 345 406<br />

Overnight deposits 199 140<br />

Term deposits / savings certificates 8,463 6,910<br />

Savings deposits / ‘Cash direkt’ 2 4<br />

Total customer deposits 9,009 7,460<br />

Securitised debt 22,638 21,010<br />

1) Figures for the previous year have been adjusted<br />

About the company<br />

Capital Markets | Real Estate Financing<br />

<strong>Landesbank</strong> <strong>Berlin</strong> combines its expertise in individual financing<br />

solutions for commercial real estate projects in the Real estate<br />

financing division. With our two brands, <strong>Landesbank</strong> <strong>Berlin</strong> and<br />

<strong>Berlin</strong> Hyp, it caters for institutional investors, residential construction<br />

companies and developers in Germany and selected foreign markets.<br />

The <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> ranks as one of the largest and<br />

most performance­driven providers in the market for commercial<br />

real estate in Germany.<br />

39


New business<br />

in 2008 by<br />

lending region<br />

New business<br />

in 2008 by<br />

property type<br />

New business<br />

in 2008 by<br />

customer segment<br />

40<br />

Real Estate Financing<br />

New business at previous year level,<br />

exceeding expectations<br />

In 2008, the division achieved contracted new business<br />

of € 6.7 billion compared with € 6.6 billion in<br />

the 2007 financial year. This exceeded expectations<br />

for 2008. In the previous year, there were also nonrecurring<br />

transactions, guarantees in particular, of<br />

Former West German states 60 %<br />

<strong>Berlin</strong> and<br />

surrounding regions 18 %<br />

Abroad 16 %<br />

Other former<br />

East German states 6 %<br />

Offices / business premises 38 %<br />

Residential 23 %<br />

Retail sales 10 %<br />

Management properties 4 %<br />

Other 25 %<br />

Investors 85 %<br />

Housing companies 6 %<br />

Property developers 5 %<br />

Building firms 4 %<br />

€ 3.6 billion. In Germany, LBB continued to concentrate<br />

on financial centres as target markets. Despite<br />

higher repayments and further reduction in problem<br />

loans, good new business led to a slight increase in<br />

the real estate loans portfolio to € 25.6 billion as at<br />

31 December 2008 (2007: € 24.4 billion). The quality<br />

of the portfolio continued to improve overall.<br />

An analysis of the structure of new business by client<br />

segment shows that the focus has remained on<br />

investor financing. Approximately 16 % of new business<br />

volume was contracted abroad in 2008 thanks<br />

to the new offices. The volume of transactions in<br />

the former West German states increased to 60 %<br />

compared with 47 % in the previous year. In 2007,<br />

there was very little change in the breakdown of<br />

new business by type of property compared with the<br />

previous year. Details of this can be seen in the<br />

following diagrams.<br />

Difficult refinancing conditions<br />

Business was initially dominated by sustained and<br />

substantial interest in the German real estate market<br />

by foreign investors. <strong>Landesbank</strong> <strong>Berlin</strong> and <strong>Berlin</strong>-<br />

Hyp were able to exploit the business opportunities<br />

this offered to further expand their client base. Our<br />

competitive success continued to be underpinned<br />

by our expertise and short coordination processes<br />

that enabled swift decision-making.<br />

In the second half of the year, the difficult refinancing<br />

conditions on the Capital Markets caused conditions<br />

to be increased and demand among investors<br />

to decline. The average margin on new business<br />

increased slightly.


Improvement in risk structure<br />

In 2008, LBB adhered systematically to the principle<br />

of foregoing transactions that did not correspond to<br />

internal profitability and risk criteria. By and large,<br />

the upheavals on financing markets have increased<br />

market players’ comprehension of the fact that risk<br />

must be adequately priced – a development that is<br />

in line with LBB’s fundamental approach. Over 90 %<br />

of new business was to borrowers with a good or<br />

very good risk class.<br />

In 2008, we again reduced the volume of risk-carrying<br />

financing (work out portfolio). This was based on<br />

successful restructuring or settlement activities par-<br />

pRoSpecTS foR 2009<br />

ticularly in relation to two large properties, and the<br />

sale of smaller portfolios. The overall improvement<br />

in the risk structure allowed us to write back allowances<br />

for losses, which led to a positive figure for<br />

allowances for losses.<br />

Foreign business stable<br />

LBB continued the business gained in 2007 in<br />

selected neighbouring foreign regions. The success -<br />

ful sales partnership in the Netherlands, aimed at<br />

covering the entire Benelux market, was transformed<br />

into a representative office for the company. The<br />

share of new business related to foreign financing<br />

is approximately 16 %.<br />

<strong>Landesbank</strong> <strong>Berlin</strong> will continue its successful market strategy in real estate<br />

financing. An effective, client­oriented sales team in the major German conurbations,<br />

which can be specifically reinforced in line with regional market potential,<br />

continues to form the backbone of these activities. In addition, we will continue<br />

to push ahead with foreign business, albeit with sound judgment and careful<br />

consideration of regional circumstances.<br />

continuous adaptation of the division’s range of products and services to evolving<br />

client requirements represents another important task. This aspect will become<br />

increasingly important as a result of structural changes to commercial real estate<br />

financing following the changes on the international financial markets. In this<br />

regard, we intend, for example, to intensify consultation on the topic of payment<br />

services.<br />

About the company<br />

Real Estate Financing<br />

41


42<br />

Employees<br />

In 2008, we rigorously pursued measures aimed at<br />

improving employee qualifications, promoting junior<br />

staff and improving employability, as well as expanding<br />

occupational health management.<br />

With regard to employee qualifications, the focus<br />

has been on continuing to extend and consolidate<br />

specialist knowledge and development of personal<br />

and methodological skills. We will systematically<br />

develop the potential of managers, specialists and<br />

junior staff with tailored programs.<br />

The number of employees recruited for training as<br />

bankers increased again in 2008. From now on, in<br />

addition to the February start, training will also start<br />

in August each year. In many of the Bank’s divisions,<br />

employees will also be given training as required as<br />

part of specific programmes for university graduates.<br />

All junior staff that have been acquainted with the<br />

Company during their training and demonstrated<br />

commitment and success will be taken on as permanent<br />

staff. They ensure a balanced and forward-looking<br />

employee structure for the Bank.<br />

In addition, we have further expanded our occupational<br />

health management. In order to preserve the<br />

performance and health of employees, particularly<br />

in times of increasing competition, we analysed the<br />

working conditions in our company from a health<br />

perspective. All employees participated in a targeted<br />

survey on this topic. The insight gained from this<br />

survey will allow us to develop and implement targeted<br />

measures for promoting health.<br />

The Board of Management would like to thank all its<br />

employees for their dedication in 2008, which has<br />

been characterised by very difficult market influences.<br />

It would also like to thank employee representatives<br />

of the Group for their constructive support in implementing<br />

company requirements.


110 110<br />

100 100<br />

90<br />

80<br />

70<br />

60<br />

50<br />

40<br />

30<br />

20<br />

10<br />

Share Price of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

In 2008, the share price of <strong>Landesbank</strong> <strong>Berlin</strong><br />

<strong>Holding</strong> AG reflected a difficult year for the banking<br />

industry as a whole.<br />

In the first six months of 2008, the price still managed<br />

to stay slightly above the industry average, and then<br />

joined the general downward trend for bank securities.<br />

At the end of 2008, the share price was € 2.93,<br />

meaning the price fell to approximately half the<br />

pRIce peRfoRMANce AS AGAINST DAX AND cDAX BANkS<br />

closing price as at 28.12.2007 = 100 %<br />

90<br />

80<br />

70<br />

60<br />

50<br />

40<br />

30<br />

20<br />

10<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG’s shares are listed<br />

in official trading (General Standard) on the <strong>Berlin</strong>-<br />

Bremen, Frankfurt and Dusseldorf stock exchanges.<br />

value from the previous year’s reporting date.<br />

Development ran largely parallel with the CDAX<br />

Banken comparable index, which lost approximately<br />

two thirds of its value in the reporting year.<br />

In view of the result of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong><br />

AG, the Board of Management and the Supervisory<br />

Board will make no proposal at the Annual General<br />

Meeting on distributing a dividend.<br />

in % <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG CDAX Banks DAX<br />

28.12.2007<br />

22.01.2008<br />

12.02.2008<br />

04.03.2008<br />

27.03.2008<br />

17.04.2008<br />

09.05.2008<br />

02.06.2008<br />

23.06.2008<br />

15.07.2008<br />

05.08.2008<br />

26.08.2008<br />

16.09.2008<br />

07.10.2008<br />

28.10.2008<br />

18.11.2008<br />

09.12.2008<br />

06.01.2009<br />

27.01.2009<br />

17.02.2009<br />

10.03.2009<br />

About the company<br />

Employees | Share Price<br />

43


Group management report<br />

Overview of the 2008 financial year 46<br />

Company profile 46<br />

General development 50<br />

Remuneration system for the Board of<br />

Management and the Supervisory Board 52<br />

Information in accordance with Article 315 (4)<br />

of the German Commercial Code 57<br />

Development of business –<br />

January to December 2008 60<br />

Results of operations 61<br />

Segment results 65<br />

Net assets 69<br />

Financial position 72<br />

Effects of consolidation 72<br />

Events after 31 December 2008 73<br />

Final statement on the dependent company<br />

report in accordance with Article 312 of the<br />

German Stock <strong>Corp</strong>oration Act 73<br />

Risk report 74<br />

Principles for risk management and control 75<br />

Overall risk management 75<br />

Counterparty default risk 79<br />

Liquidity risks 89<br />

Share and fund price risks 92<br />

Real estate risks 96<br />

Operational risks 96<br />

Other risks 102<br />

Report on expected developments / Outlook 103<br />

Expected developments /<br />

Assessment of the economic situation 103<br />

Business orientation 104<br />

Development of the business segments 104<br />

Comparison of projected and actual figures 106<br />

Estimation procedure / Medium-term planning 106<br />

Summary / Overall assessment 106


46<br />

Company profile<br />

Organisational and legal structure<br />

As of 31 December 2008, the organisational and<br />

legal structure of the <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong><br />

Group is as follows:<br />

Beteiligungsgesellschaft der<br />

S-Finanzgruppe mbH & Co. KG<br />

90.4 %<br />

<strong>Berlin</strong> Hyp AG<br />

Overview of the 2008 financial year<br />

General partner<br />

General partner<br />

10.6 %<br />

Regionalverbandsgesellschaft mbH<br />

Erwerbsgesellschaft der<br />

S-Finanzgruppe mbH & Co. KG<br />

88.0 %<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

100 %<br />

BankenService GmbH<br />

100 %<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

<strong>Berlin</strong>er Sparkasse<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG (<strong>Holding</strong>) is the<br />

parent company of the <strong>Landesbank</strong> <strong>Berlin</strong> Group.<br />

It is a listed public limited company and a financial<br />

holding company as defined in the German Banking<br />

Act (KWG) headquartered in <strong>Berlin</strong>. The majority<br />

shareholder is Erwerbsgesellschaft der S-Finanzgruppe<br />

mbH & Co. KG (S-Erwerbsgesellschaft)<br />

with a holding of 88.0 %. It is general partner<br />

of Beteiligungsgesellschaft der S-Finanzgruppe<br />

75.0 % –1 share<br />

Free float<br />

netbank AG LBB-INVEST GmbH<br />

1.4 %<br />

100 %<br />

mbH & Co. KG (S-Beteiligungsgesellschaft), which<br />

holds 10.6 % of shares as of 1 January 2008.<br />

Overall, the shares held by S-Erwerbsgesellschaft<br />

including the shares held by S-Beteiligungsgesellschaft<br />

as of 31 December 2008 thus amounted to<br />

98.6 %. In its role as general partner of S-Erwerbsgesellschaft,<br />

Regionalverbandsgesellschaft mbH<br />

assumes management of both S-Erwerbs gesellschaft<br />

and S-Beteiligungsgesellschaft.


<strong>Landesbank</strong> <strong>Berlin</strong> AG (LBB) is a wholly owned<br />

subsidiary of the <strong>Holding</strong>. It is an unlisted public<br />

limited company and a financial institution as<br />

defined in the KWG.<br />

LBB holds the Group’s strategically important<br />

investments, in particular, the interests in <strong>Berlin</strong>-<br />

Hannoversche Hypothekenbank AG (<strong>Berlin</strong> Hyp),<br />

in BankenService GmbH (BankenService) and in<br />

netbank AG (netbank). It also maintains branches<br />

in London and Luxembourg. <strong>Landesbank</strong> <strong>Berlin</strong><br />

Investment GmbH (LBB-INVEST) was transferred<br />

from LBB to the <strong>Holding</strong> with effect in rem as of<br />

31 December 2008 / 1 January 2009.<br />

The Group is organised as follows:<br />

The <strong>Holding</strong> does not conduct any banking business<br />

of its own and therefore does not employ any staff<br />

Its principal purpose is to hold the investment in<br />

LBB. The work that this entails and the support for<br />

the <strong>Holding</strong>’s executive bodies are provided on an<br />

agency basis by LBB.<br />

LBB is divided into four strategic business areas<br />

and the <strong>Corp</strong>orate Centres that support them. The<br />

business areas consist of Retail Banking, <strong>Corp</strong>orate<br />

Banking, Capital Markets and Real Estate Financing.<br />

The <strong>Corp</strong>orate Centres include the areas of IT, Risk<br />

and Controlling, Personnel, <strong>Corp</strong>orate Development,<br />

Audit and Finance. Back-office tasks, including<br />

complete processing of the lending business, are<br />

largely grouped together at LBB BankenService.<br />

The real estate financing provided by LBB and <strong>Berlin</strong><br />

Hyp is, as far as is legally possible, managed by the<br />

cross-bank business area. The respective units<br />

in the two companies are also closely linked correspondingly<br />

with each other.<br />

<strong>Landesbank</strong> <strong>Berlin</strong><br />

Retail Banking Regional <strong>Corp</strong>orate Banking Capital Markets Real Estate Financing<br />

At 5,999 employees, the number of staff in the<br />

Group’s scope of consolidation at 31 December 2008<br />

was slightly above the previous year’s level (5,965<br />

employees). The proportion of women was 62.5 %<br />

<strong>Corp</strong>orate Center<br />

Back-Office<br />

of the total staff, almost unchanged from the previous<br />

year (31 December 2007: 62.1 %). The total<br />

fluctuation rate was very low at 2.7 %, or 1.6 % after<br />

adjustment for retirement, and showed a decrease<br />

as against the previous year.<br />

Group management report<br />

Overview of the 2008 financial year<br />

47


48<br />

Overview of the 2008 financial year<br />

The Board of Management and the division<br />

of departments<br />

As of 31 December 2008, the Board of Management<br />

of the <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> consisted of<br />

Hans-Jörg Vetter and Dr. Thomas Veit.<br />

Hans-Jörg Vetter<br />

(Chairman)<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

<strong>Corp</strong>orate Development<br />

Personnel<br />

Audit Dept.<br />

Legal<br />

Segments<br />

The Group’s banking business is conducted in<br />

the following four strategic business segments and<br />

the supporting <strong>Corp</strong>orate Centres.<br />

Retail Banking<br />

The Group operates its retail banking business in<br />

<strong>Berlin</strong> under the <strong>Berlin</strong>er Sparkasse brand. Thus,<br />

LBB is the clear market leader in its core region of<br />

<strong>Berlin</strong>. Retail banking products are mainly centred<br />

on current account management, investment consulting<br />

and asset management, consumer finance<br />

Dr. Thomas Veit<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Real Estate Financing<br />

Finance<br />

Organisation<br />

Information Technology<br />

Serge Demolière<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Capital Markets<br />

Dr. Johannes Evers<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Retail Banking<br />

All operating activities of the <strong>Holding</strong> are performed<br />

by LBB on the basis of an agency agreement between<br />

the <strong>Holding</strong> and LBB. In the 2008 financial year, the<br />

responsibilities of the individual members of the<br />

Board of Management were organised as follows:<br />

Hans Jürgen Kulartz<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Regional <strong>Corp</strong>orate Banking<br />

Martin K. Müller<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Risk and Controlling<br />

Compliance<br />

Lending business<br />

Risk Management<br />

BankenService GmbH<br />

and private construction finance. The credit card<br />

business operated throughout Germany with cobranding<br />

partners is another focal point of activities.<br />

LBB also operates in direct banking through its<br />

majority interest in netbank AG (netbank).<br />

Regional <strong>Corp</strong>orate Banking<br />

Regional <strong>Corp</strong>orate Banking comprises business<br />

with small and medium-sized companies as well as<br />

the public sector. The core market is the <strong>Berlin</strong>-<br />

Brandenburg region. Customer support takes place<br />

under the joint brands of “<strong>Landesbank</strong> <strong>Berlin</strong>” and


“<strong>Berlin</strong>er Sparkasse”. In the Regional <strong>Corp</strong>orate<br />

Banking segment, the traditional banking services<br />

are offered to small and medium-sized companies<br />

with payment services and investment business.<br />

LBB also offers working capital, investment and<br />

other financing solutions. The range of services also<br />

includes services for international business, leasing,<br />

factoring and electronic banking products as well<br />

as consulting and support for start-ups and business<br />

succession. <strong>Landesbank</strong> <strong>Berlin</strong> is the market leader<br />

in the regional corporate banking business for small<br />

and medium-sized companies in the core region.<br />

Capital Markets<br />

The Capital Markets division of LBB comprises Client<br />

Business (Distribution und Production), Treasury &<br />

Trading and International Business, as well as the<br />

<strong>Holding</strong>’s 100 % investment in LBB-INVEST, which is<br />

assigned to the business area.<br />

Client Business designs (Client Production) and<br />

sells (Client Distribution) mainly equity, interest and<br />

currency products. The offering of LBB-INVEST<br />

includes both publicly offered funds and special<br />

funds for institutional investors.<br />

Treasury & Trading manages the liquidity and refinancing<br />

of the Group and generates income from<br />

trading and investment strategies.<br />

International Business focuses on export finance<br />

covered and not covered by the Export Credit<br />

Agency, trade finance, commercial foreign business<br />

and lending business with banks, companies and<br />

states in selected regions.<br />

The Capital Markets business area also includes<br />

operating units at the international locations in<br />

London and Luxembourg. The activities of the Retail<br />

Banking segment at the Luxembourg location were<br />

sold to <strong>Landesbank</strong> Baden-Württemberg (LBBW)<br />

during the financial year, meaning that now only<br />

activities of the Capital Markets segment remain in<br />

Luxembourg.<br />

Real Estate Financing<br />

The Real Estate Financing segment covers the real<br />

estate financing business throughout Germany,<br />

which is operated in close cooperation (sales and<br />

organisation) by LBB and <strong>Berlin</strong> Hyp. In addition<br />

to the international offices established in 2007 in<br />

London, Warsaw und Prague, the successful sales<br />

co-ordination in Holland was extended in 2008 as<br />

a representative office for the company, aimed at<br />

covering the entire Benelux market. This segment<br />

includes all the business activities of <strong>Berlin</strong> Hyp<br />

(exception: changes in the carrying amount of deri v atives<br />

for managing the interest rate risk). Business<br />

activities in commercial real estate financing are<br />

focused on financing on a property-covered basis.<br />

Refinancing is carried out by issuing mortgage<br />

bonds. The main clients of the division are investors<br />

and residential construction companies. The predominantly<br />

small and medium-sized clients are offered<br />

the entire range of real estate financing services.<br />

Flexible and innovative solutions with short decision<br />

paths are a special strength in this segment. In<br />

terms of size, the division remains in the top half of<br />

the sector.<br />

Other / Consolidation<br />

In addition to the divisions, Group segment reporting<br />

includes the “Other / Consolidation” segment. This<br />

segment includes the Group management and service<br />

functions, the balance sheet structure management<br />

and the consolidation items of the Group.<br />

Group management report<br />

Overview of the 2008 financial year<br />

49


50<br />

Overview of the 2008 financial year<br />

General development<br />

General economic situation<br />

After the first half of the year which was generally still<br />

good, the economic situation in Germany bleakened<br />

considerably over the course of the second half and<br />

particularly in the fourth quarter of 2008. By the end<br />

of the year, the economy as a whole was in a deep<br />

recession. Sales opportunities for German products<br />

on the export market worsened and consumption<br />

on the domestic market remained weak due to the<br />

sharp decline in purchase power. There was no sign<br />

of any imminent improvement in the situation at<br />

the end of 2008. Because they took an increasingly<br />

negative view of their employment prospects, private<br />

households did not increase their spending as a<br />

result of the overall slower rise in the cost of living.<br />

The crisis on the international financial markets<br />

intensified in the third quarter of the reporting period,<br />

with the effect that extensive guarantee and stabilisation<br />

measures were initiated for the financial system<br />

by state institutions. In particular, the insolvency of<br />

Lehman Brothers in September led to a re-evaluation<br />

of default risks, even from major financial system<br />

counterparties. As a result, established refinancing<br />

sources largely dried up and a string of major market<br />

players became illiquid. Impairments taken across<br />

almost all asset classes drastically impacted income<br />

statements in the financial sector.<br />

In the fourth quarter, the national economies of the<br />

major industrialised nations showed a highly accelerated<br />

downwards trend. Financial services providers<br />

across the globe came under great pressure to reduce<br />

risks and restructure their balance sheets. In the<br />

USA und some European countries, the accelerated<br />

fall in value of residential property forced consumers<br />

to make increased efforts to save. In major newly<br />

industrialising nations, export-oriented growth strategies<br />

were put to the test, and in some cases foreign<br />

investors withdrew. Overall, investing activities in<br />

this group of countries were increasingly impaired.<br />

Both in Germany and abroad, banks adjusted their<br />

lending conditions to the market situation. However,<br />

here in Germany there had been no major excesses<br />

on the part of companies or of private households<br />

in the previous years, meaning that initially the consequences<br />

for the investment cycle were kept within<br />

limits.<br />

The situation also left its mark on <strong>Berlin</strong>’s economy.<br />

Although for 2008 as a whole, GDP still rose by 1.6 %<br />

year-on-year, growth rates in the tourism sector de -<br />

creased and the export business even had to report<br />

losses. However, the region is benefiting from the<br />

consolidation of economic structures in the previous<br />

years. The trend in employment levels, for example,<br />

remains better than the national average. In addition,<br />

the continuing good order situation in the construction<br />

industry still provides impetus for growth.<br />

The Group itself did not remain unaffected by the<br />

strains in the financial sector, either. Capital Markets<br />

business in particular suffered as a result of the<br />

difficult environment, having to cope with substantial<br />

value adjustments. However, the pleasing development<br />

in retail banking business and continued good<br />

new business in real estate financing emphasise the<br />

Bank’s strong position in the market environment.<br />

In a crisis of an exceptional nature, the business<br />

model with four strategic business segments is<br />

proving to be particularly viable.


Measures to improve earnings<br />

Also in 2008, LBB rigorously implemented measures<br />

to reduce administrative costs and improve its earnings<br />

structure.<br />

In the Retail Banking segment, the measures aimed<br />

at increasing earnings proved successful, even in<br />

the difficult environment in the 2008 financial year.<br />

The process efficiency developed in the past years<br />

and the systematic focus on customer requirements<br />

promoted customers’ trust in <strong>Berlin</strong>er Sparkasse.<br />

The implementation of its quality and service understanding<br />

was attested, for example, by a top place<br />

for <strong>Berlin</strong>er Sparkasse in an investigation by the<br />

German Institute for Service Quality on the pension<br />

advice provided by 15 different banks. The revision<br />

of the key current account product constituted a<br />

further step to secure the leading market position.<br />

In 2008, the quality strategy for the Regional <strong>Corp</strong>o-<br />

rate Banking segment was developed further. With<br />

a value-oriented management approach and ongoing<br />

process optimisation, the focus was on fulfilling<br />

higher quality requirements in customer support and<br />

improving customer loyalty and market penetration.<br />

The sophisticated support concept with clear client<br />

segmentation and an innovative sales channel mix of<br />

BusinessLine, Regional <strong>Corp</strong>orate Banking Centres<br />

and Regional <strong>Corp</strong>orate Banking departments has<br />

proved its worth. Structured consulting processes,<br />

and continued optimisation of the range of services<br />

offered and their focus on individual customer<br />

demand, led once again to a stable contribution to<br />

Group earnings. <strong>Landesbank</strong> <strong>Berlin</strong> is TÜV certified<br />

for the quality of its services and consulting for<br />

two full sales channels (BusinessLine and Regional<br />

<strong>Corp</strong>orate Banking Centre). This supports its strong<br />

claim to quality and performance in corporate banking<br />

business.<br />

In 2008 as a whole, the Capital Markets segment<br />

was influenced by the extent and development of<br />

the crisis on the international financial markets.<br />

Activities and strategies in the individual divisions<br />

of the segment were developed as planned. However,<br />

due to the market environment, new commitments –<br />

especially in Treasury and Trading and in International<br />

Business – were assessed increasingly critically and<br />

in some cases were discontinued.<br />

<strong>Landesbank</strong> <strong>Berlin</strong> continued to issue and distribute<br />

specifically structured products. However, due to the<br />

escalating financial market there were significant<br />

declines for the certificates class of products. As a<br />

result, the product range was adjusted to the change<br />

in investors’ risk awareness. On this basis, the Client<br />

Business division is well positioned for the coming<br />

years.<br />

The Capital Markets segment further increased the<br />

scope and operating security of risk management<br />

in 2008. In addition, new processes for internal<br />

management were developed and implemented.<br />

Despite a difficult market environment, in 2008 the<br />

Real Estate Financing segment successfully continued<br />

with its new business in its core market of<br />

Germany and selected international markets in compliance<br />

with strict risk and profitability param eters.<br />

Furthermore, the sales partnership in Holland was<br />

expanded into a representative office and was<br />

staffed by a Bank employee. The segment also reorganised<br />

its sales structure (States of former West<br />

Germany, States of former East Germany / <strong>Berlin</strong>,<br />

International / Syndicate business). In addition to new<br />

business volumes, value-oriented parameters were<br />

increasingly used in measuring and controlling sales<br />

performance.<br />

Group management report<br />

Overview of the 2008 financial year<br />

51


52<br />

Overview of the 2008 financial year<br />

Remuneration system for the Board<br />

of Management and the Supervisory Board<br />

The Supervisory Board of the listed <strong>Landesbank</strong><br />

<strong>Berlin</strong> <strong>Holding</strong> AG (<strong>Holding</strong>) and its wholly owned<br />

subsidiary <strong>Landesbank</strong> <strong>Berlin</strong> AG (LBB) largely<br />

consist of the same people. The members of the<br />

Board of Management of the <strong>Holding</strong> are also the<br />

members of the Board of Management of LBB. In<br />

the interests of clarity, a summarised presentation<br />

in the form of the remuneration report recommended<br />

by the German <strong>Corp</strong>orate Governance Code is provided<br />

for both companies.<br />

This remuneration report summarises the principles<br />

applied in stipulating the remuneration of the Board<br />

of Management of the <strong>Holding</strong> and LBB and it<br />

presents the structure and amount of the remuneration<br />

of members of the Board of Management. In<br />

addition, the principles applicable to and the amount<br />

of the remuneration paid to members of the Supervisory<br />

Board and its committees are described.<br />

In so doing, the remuneration report takes account<br />

of the recommendations of the German <strong>Corp</strong>orate<br />

Governance Code for both companies and it contains<br />

the details, which under German commercial law<br />

are a component of the Group Management Report<br />

pursuant to Article 315 (2) No. 4 of the German<br />

Commercial Code and of the notes pursuant to<br />

Article 314 (1) No. 6 of the German Commercial<br />

Code.<br />

Remuneration of the Board of Management<br />

The remuneration system for the Board of Management<br />

including material contractual elements is<br />

decided upon by the Supervisory Board plenum and<br />

reviewed by it on a regular basis. The Audit, Personnel<br />

and Strategy Committee of the Supervisory<br />

Board is responsible for proposing the structure and<br />

stipulating the amount of the remuneration components.<br />

The remuneration is determined on the basis<br />

of an analysis of the income paid to members of<br />

the executive management within the Group and in<br />

comparable German financial institutions.<br />

For all members of the Board of Management, the<br />

individual rights and duties resulting from their membership<br />

of the Board of Management are regulated<br />

through their contracts of employment with LBB.<br />

The Board of Management of the <strong>Holding</strong> is formed<br />

by its Chairman Mr. Hans-Jörg Vetter and Dr. Thomas<br />

Veit. At the same time, they are also members of<br />

the Board of Management of LBB. Accordingly, notwithstanding<br />

their appointments as members of<br />

the <strong>Holding</strong>’s Board of Management, the Board of<br />

Management contracts, supply agreements and<br />

comparable contracts for Mr. Hans-Jörg Vetter and<br />

Dr. Thomas Veit are with LBB, for which the vast<br />

majority of their work is undertaken.<br />

On this contractual basis, LBB pays all the Board of<br />

Management remuneration for the members of the<br />

Board of Management acting for both companies.<br />

In return, it receives compensation from the <strong>Holding</strong><br />

based on time spent amounting to a monthly lumpsum<br />

of € 5 thousand per Board of Management<br />

member and € 6 thousand for the Chairman of the<br />

Board of Management. Accordingly, the <strong>Holding</strong><br />

reimbursed LBB € 132 thousand in 2008 (previous<br />

year: € 132 thousand).<br />

The <strong>Holding</strong> and LBB have concluded an appropriate<br />

Group insurance policy covering economic losses by<br />

third parties (D & O insurance) for the members of<br />

their executive bodies. This also covers the personal<br />

liability of members of the Boards of Management of<br />

the <strong>Holding</strong> and LBB in the event that claims are<br />

made against the group of persons in question for<br />

economic losses incurred in carrying out their work.<br />

A deductible, as defined in the German <strong>Corp</strong>orate<br />

Governance Code, amounting to three months’ fixed<br />

salary is agreed for members of the Board of Management.<br />

The <strong>Holding</strong> pays the premiums for this<br />

D & O policy, which is also in the interests of the two<br />

companies.


With regard to their remuneration, the following components<br />

are stipulated in the contracts of employment<br />

for members of the Board of Management:<br />

Fixed annual salary:<br />

The fixed salary is payable in equal monthly instalments.<br />

In line with the agreements contained in the<br />

contracts of employment, the Audit, Personnel and<br />

Strategy Committee reviews the fixed remuneration<br />

every two years to ensure that it is appropriate. The<br />

criteria applied are the responsibilities of the respective<br />

member of the Board of Management, his personal<br />

performance, the performance of the body as<br />

a whole, and the economic situation, success and<br />

prospects of the Company, taking into consideration<br />

its comparative environment.<br />

The salaries of the Board of Management are adjusted<br />

on the basis of the Group’s earnings position, but the<br />

general increases in prices and collectively agreed<br />

pay rates in the Federal Republic of Germany also<br />

have to be taken into account and they are compared<br />

with the structure of Board of Management remuneration<br />

in other comparable financial institutions. There<br />

is no legal entitlement to any increase in the fixed<br />

salary.<br />

Annual bonus:<br />

Members of the Board of Management receive an<br />

annual bonus for their work in the past financial<br />

year, which is resolved in the following year. The<br />

amount of the bonus is geared, in particular, to the<br />

criteria for the fixed salary and to the development<br />

of the results of the <strong>Holding</strong> and LBB and is payable<br />

in one amount after the annual financial statements<br />

of both companies have been approved. Payment<br />

of a specific minimum is guaranteed for each Board<br />

of Management member. Any amount in excess of<br />

this figure is determined by the Audit, Personnel and<br />

Strategy Committee taking account of the parameters<br />

mentioned above, particularly the individual<br />

performance appraisal.<br />

There are no additional remuneration components<br />

offering a long-term incentive (subscription rights,<br />

other share-based payments etc.) for members of<br />

the Board of Management.<br />

Other remuneration:<br />

Each member of the Management Board also has<br />

unlimited use of a company car plus driver. In<br />

this connection, some of the Management Board<br />

members are also entitled under their contracts<br />

of employment to have the tax payable on the<br />

monetary benefit resulting from private use of the<br />

company car paid by their employer.<br />

Under his contract of employment as a member of<br />

the Board of Management, Mr. Martin K. Müller is<br />

entitled to payment of the premiums for an insurance<br />

policy equal to the compulsory health and long-term<br />

support insurance by his employer up to half the<br />

statutory maximum.<br />

Total remuneration:<br />

In financial year 2008, members of the Board of<br />

Management received remuneration (including performance-related<br />

components) totalling € 6,861<br />

thousand (previous year: € 7,496 thousand). This<br />

figure includes the guaranteed components of the<br />

annual bonus for the work of the Board of Management<br />

in financial year 2008 amounting to € 2,092<br />

thousand, which will be paid in 2009 (previous year:<br />

€ 2,242 thousand). Total remuneration also includes<br />

the performance-related components of the annual<br />

bonus for financial year 2007 of € 2,015 thousand,<br />

which was paid in 2008 (previous year: € 2,325 thousand).<br />

The amount of such remuneration cannot be<br />

estimated reliably for financial year 2008.<br />

Group management report<br />

Overview of the 2008 financial year<br />

53


54<br />

Overview of the 2008 financial year<br />

The members of the Board of Management did not<br />

receive any additional benefits for work carried<br />

out for subsidiaries of the <strong>Holding</strong> and of LBB; in<br />

particular, they received neither attendance fees<br />

nor expense reimbursements.<br />

Benefits from third parties were neither promised<br />

to Board of Management members for their work<br />

as a Board of Management member nor granted<br />

in the financial year.<br />

Pension plans:<br />

In the event that members of the Board of Management<br />

are unable to work as a result of accident or<br />

illness, they are entitled to their full remuneration for<br />

a specific period: Mr. Hans-Jörg Vetter, Dr. Thomas<br />

Veit and Mr. Serge Demolière up to one year, Dr.<br />

Johannes Evers, Mr. Hans Jürgen Kulartz and Mr.<br />

Martin K. Müller up to two years not exceeding the<br />

end of their employment agreements.<br />

Following the end of the contractual relationship<br />

as a result of reaching their 65th birthday, because<br />

of occupational disability, at the end of their appointment<br />

or as a result of the contractual relationship<br />

being dissolved by LBB, which is not triggered by<br />

good cause on the part of the Board of Management<br />

member (Article 626 of the German Civil Code), the<br />

members of the Board of Management are entitled to<br />

a pension. After their 60th birthday, the service agreements<br />

can be terminated by Mr. Serge Demolière,<br />

Dr. Johannes Evers and Mr. Hans-Jörg Vetter or by<br />

LBB. Dr. Thomas Veit and Mr. Hans Jürgen Kulartz<br />

can retire of their own volition after their 62nd birthday.<br />

The members of the Board of Management<br />

will then receive their pensions before their 65th<br />

birthdays.<br />

During the first six months following their retirement<br />

from the Company’s service, members of the Board<br />

of Management are entitled to their official remuneration<br />

but payment of their pension will start from the<br />

seventh month. In the case of Mr. Martin K. Müller,<br />

his pension will be paid in the first month following<br />

his retirement from the Company’s service.<br />

Depending on age, the pension is assessed according<br />

to a specific percentage of the fixed annual salary<br />

and increases by 2 % for each year spent working<br />

as a member of the Board of Management up to an<br />

agreed maximum for each member of the Board of<br />

Management. In each case, the basis for calculating<br />

the pension is the pensionable portion of the fixed<br />

salary, which amounts to 100 % and 69 % in the<br />

case of Mr. Serge Demolière.<br />

Individual details:<br />

Pension rights Maximum<br />

acquired as at<br />

31.12.2008<br />

in % in %<br />

Mr. Demolière 49 60<br />

Dr. Evers 58 75<br />

Mr. Kulartz 56 75<br />

Mr. Müller 42 70<br />

Dr. Veit 52 60<br />

Mr. Vetter 58 60<br />

Under their contracts of employment members of<br />

the Board of Management are entitled to have their<br />

ongoing pension benefits adjusted. This adjustment<br />

is based on the percentage changes to collective<br />

wages in the private banking industry and in public<br />

banks.


In line with their service agreements and subject to<br />

a future difference of opinions between the members<br />

of the Board of Management on the one hand and<br />

the Supervisory Board or the majority shareholder<br />

on the other that cannot be resolved, Mr. Hans-Jörg<br />

Vetter and Dr. Thomas Veit have a special right of<br />

termination. If the contract of employment ends as<br />

a result of notice being given on these grounds, both<br />

men will be entitled to payment of the remuneration<br />

still outstanding until the end of their contract term.<br />

In January 2009, a new contract of employment was<br />

concluded with Mr. Martin K. Müller which included<br />

an adjustment to the pensionable basic salary effective<br />

1 January 2009.<br />

In 2008, pension commitments towards members of<br />

the Board of Management under IFRS increased by<br />

€ 1,255 thousand (previous year: € 754 thousand). As<br />

at the balance sheet date, the present value of the<br />

pension obligations (DBO) under IFRS for the Board<br />

of Management amounted to € 13,095 thousand<br />

(previous year: € 11,840 thousand).<br />

Members of the Board of Management have received<br />

advances or loans from the Bank and there were<br />

contingent liabilities amounting to € 344 thousand as<br />

of 31 December 2008 (previous year: € 388 thousand).<br />

Furthermore, remuneration (pensions, dependants’<br />

pensions and related benefits) totalling € 8,046 thousand<br />

was paid to former members of the Board of<br />

Management or their surviving dependants in the<br />

past financial year (previous year: € 6,160 thousand).<br />

This includes backpayments to a former executive<br />

body member for several years.<br />

As at the balance sheet date, the present value of<br />

the pension obligations (DBO) under IFRS for this<br />

employee group amounted to € 86,735 thousand<br />

(previous year: € 90,661 thousand).<br />

It should be noted in this connection that this remuneration<br />

and / or provisions also relate to former<br />

members of the <strong>Holding</strong>’s Board of Management in<br />

addition to those of LBB. This is based on the fact,<br />

as shown above, that in the course of the virtually<br />

complete divestment of the assets of the <strong>Holding</strong> to<br />

LBB, all supply agreements and similar contracts<br />

were transferred to LBB. The corresponding provisions<br />

for ongoing pensions and entitlements to<br />

pensions were also transferred to LBB.<br />

Remuneration of the Supervisory Board<br />

The remuneration of the Supervisory Board is set out<br />

in the respective Articles of Association, which may<br />

be amended by resolution of the Annual General<br />

Meeting if necessary. The remuneration of the Supervisory<br />

Board is based on the size, the economic<br />

position and the long-term success of the respective<br />

company as well as the particular tasks and the<br />

responsibility of the members of the Supervisory<br />

Board.<br />

The rules on remuneration applicable to the <strong>Holding</strong><br />

are set out in Article 13 of its Articles of Association.<br />

Under these rules, members of the Supervisory Board<br />

of the <strong>Holding</strong> receive fixed remuneration annually.<br />

Separate remuneration based on the company’s performance<br />

is no longer provided for the Supervisory<br />

Board of the <strong>Holding</strong>. A corresponding change to the<br />

Articles of Association was resolved at the Annual<br />

General Meeting of 4 July 2008.<br />

The rules on remuneration applicable to the Super-<br />

visory Board of LBB are set out in Article 11 of its<br />

Articles of Association. Accordingly, the members of<br />

the Supervisory Board of the <strong>Holding</strong> receive a fixed<br />

remuneration annually; separate, performance-based<br />

remuneration is not provided for the Supervisory<br />

Board of LBB.<br />

Group management report<br />

Overview of the 2008 financial year<br />

55


56<br />

Overview of the 2008 financial year<br />

Additional remuneration is paid for membership of<br />

the committees as well as the roles of chairman and<br />

deputy chairman of the Supervisory Board and of<br />

its committees at the <strong>Holding</strong> and at LBB.<br />

The remuneration of members of the Supervisory<br />

Board is set out as follows:<br />

Fixed annual remuneration:<br />

Members of the Supervisory Board receive a fixed<br />

annual remuneration of € 15,000 at the <strong>Holding</strong><br />

and € 10,500 at LBB.<br />

The chairman of the Supervisory Board at both companies<br />

receives twice the amounts in question, while<br />

his deputy receives one and a half times the amounts<br />

in question.<br />

Remuneration of the committees:<br />

Members of the Audit, Personnel and Strategy<br />

Committee of the respective Supervisory Board<br />

and members of the Credit Committee of the<br />

Supervisory Board of LBB each receive a fixed<br />

remuneration in addition. At the <strong>Holding</strong> this<br />

amounts to € 10,000 per year, the chairmen<br />

receive € 15,000 each, their deputies € 12,500<br />

each. At LBB, this remuneration amounts to<br />

€ 6,000 per year, while the chairmen of these<br />

committees each receive € 8,000 and their<br />

deputies € 7,000.<br />

Members of the two Supervisory Boards do not<br />

receive a separate attendance fee for meetings.<br />

For members of the Supervisory Board, who did not<br />

belong to the Supervisory Board or one of its committees<br />

for the entire financial year, their remuneration<br />

is paid on the basis of the number of days they were<br />

in office.<br />

The <strong>Holding</strong> and LBB have concluded an appropriate<br />

Group insurance policy covering economic losses<br />

by third parties (D & O insurance) for the members of<br />

their executive bodies. A deductible, as defined in<br />

the German <strong>Corp</strong>orate Governance Code, amounting<br />

to half their fixed annual remuneration is agreed for<br />

each member of the Supervisory Board. The <strong>Holding</strong><br />

pays the premiums for this D & O policy, which is also<br />

in the interests of the two companies.<br />

The members of both Supervisory Boards receive<br />

their remuneration for their work carried out in the<br />

respective financial year after the end of the financial<br />

year in question.<br />

Supervisory Board of LBB <strong>Holding</strong> AG:<br />

For work on the Supervisory Board of the <strong>Holding</strong>,<br />

total remuneration of € 389 thousand is payable to<br />

the members of this Supervisory Board and its<br />

committees for financial year 2008 (previous year:<br />

€ 374 thousand), not including VAT.<br />

Supervisory Board of LBB AG:<br />

For work on the Supervisory Board of LBB, total<br />

remuneration of € 268 thousand is payable to the<br />

members of this Supervisory Board and its committees<br />

for financial year 2008 (previous year:<br />

€ 251 thousand), not including VAT.<br />

Supervisory Board of LBB <strong>Holding</strong> AG (Group):<br />

For work on the Supervisory Board of the <strong>Holding</strong><br />

and the Supervisory Boards of other Group companies<br />

including committees, total remuneration of<br />

€ 657 thousand is payable to the members of the<br />

Supervisory Board of the <strong>Holding</strong> for financial year<br />

2008 (previous year: € 636 thousand), not including<br />

VAT.


Apart from the trade union representatives, all<br />

employee representatives on the <strong>Holding</strong>’s Supervisory<br />

Board are employees of LBB. The employee<br />

representatives on both Supervisory Boards employed<br />

by LBB receive their salaries as employ ees in<br />

addition to their Supervisory Board remuneration.<br />

Members of the Supervisory Board have received<br />

advances or loans from the Bank in the reporting<br />

year and there are contingent liabilities amounting<br />

to € 2 thousand as of 31 December 2008 (previous<br />

year: € 98 thousand).<br />

No remuneration or benefits for services supplied<br />

personally, in particular, consultancy and brokerage<br />

services were paid or granted to members of the<br />

Supervisory Board of the <strong>Holding</strong> or LBB.<br />

Information in accordance with Article 315 (4)<br />

of the German Commercial Code<br />

Composition of the issued capital<br />

The subscribed capital of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong><br />

AG amounts to € 2,554 million and is divided into<br />

999,327,870 no-par shares. The shares are bearer<br />

shares and each share entitles the holder to one<br />

vote. Further rights and duties of the shareholders<br />

are taken from the legal regulations, particularly<br />

Article 12 (53a) ff, (118) ff and (186) of the German<br />

Stock <strong>Corp</strong>oration Act.<br />

Restrictions on voting rights or transfer of shares<br />

of which the Board of Management is aware<br />

In acquiring its shares (808,996,446 votes, equivalent<br />

to 80.95 % of the voting rights), Erwerbsgesellschaft<br />

der S-Finanzgruppe mbH & Co. KG, Neuhardenberg<br />

(the buyer) has an obligation towards the State of<br />

<strong>Berlin</strong> (the seller) not to transfer ownership of the<br />

acquired shares to a third party for a period of at least<br />

ten years from 8 August 2007, except if this third<br />

party is an affiliated company of the buyer in terms<br />

of Article 15 of the German Stock <strong>Corp</strong>oration Act<br />

(AktG) or another member of S-Finanzgruppe, and<br />

this third party (and in some cases all other companies<br />

affiliated to the buyer in terms of Article 15 of<br />

the German Stock <strong>Corp</strong>oration Act / other members<br />

of S-Finanzgruppe, to which seller shares are transferred)<br />

also assumes this contractual obligation<br />

towards the buyer.<br />

Apart from the following exceptions, there are no<br />

restrictions on shareholders’ voting rights either by<br />

law or in the Articles of Association. In cases of<br />

Article 136 of the German Stock <strong>Corp</strong>oration Act,<br />

voting rights from the shares concerned is excluded<br />

by law. If the company holds Treasury shares, then<br />

in accordance with Article 71b of the German Stock<br />

<strong>Corp</strong>oration Act, it cannot exercise any rights from<br />

these.<br />

Group management report<br />

Overview of the 2008 financial year<br />

57


58<br />

Overview of the 2008 financial year<br />

Investments in the capital exceeding<br />

10 % of voting rights<br />

Under the voting rights notifications applicable<br />

to the company in line with Article 21 (1) Sentence 1<br />

und (1a) of the German Securities Trading Act<br />

(WpHG), Erwerbsgesellschaft der S-Finanzgruppe<br />

mbH & Co. KG, Schloss Neuhardenberg, Schinkelplatz,<br />

15320 Neuhardenberg, Germany, holds<br />

88.0 % of voting rights directly. It is represented by<br />

its one general partner, Regionalverbandsgesellschaft<br />

mbH, Schloss Neuhardenberg, Schinkelplatz,<br />

15320 Neuhardenberg, Germany, to which the voting<br />

rights are attributable in line with Article 22 (1) No. 1<br />

WpHG. Beteiligungsgesellschaft der S-Finanzgruppe<br />

mbH & Co. KG, Schloss Neuhardenberg, Schinkelplatz,<br />

15320 Neuhardenberg, Germany, holds 10.6 %<br />

of voting rights directly. It is represented by Erwerbsgesellschaft<br />

der S-Finanzgruppe mbH & Co. KG,<br />

Schloss Neuhardenberg, Schinkelplatz, 15320 Neuhardenberg,<br />

Germany, meaning that its voting rights<br />

are likewise indirectly attributable to Regionalverbandsgesellschaft<br />

mbH, Schloss Neuhardenberg,<br />

Schinkelplatz, 15320 Neuhardenberg, Germany, in<br />

line with Article 22 (1) No. 1 WpHG.<br />

Shares with special rights conferring powers<br />

of control<br />

The company has not issued any shares with special<br />

rights.<br />

Special rights conferring powers of control<br />

The employees of the company and its subsidiaries<br />

do not have an interest in the capital such as results<br />

in indirect exercise of rights of control by the employees.<br />

Because the company shares are bearer<br />

shares, no detailed information on their free float<br />

shareholders and thus possible private ownership of<br />

shares by employees is available to the company.<br />

Provisions governing the appointment and dismissal<br />

of members of the Board of Management<br />

and changes to the Articles of Association<br />

Articles 84 and 85 of the German Stock <strong>Corp</strong>oration<br />

Act apply to the appointment and dismissal of members<br />

of the Board of Management. In accordance<br />

with Article 2 (1) of the Articles of Association, the<br />

number of members is decided upon by the Supervisory<br />

Board and consists of at least two members.<br />

The Supervisory Board appoints the members of the<br />

Board of Management for a maximum of five years.<br />

In accordance with Article 31 of the German Co-<br />

Determination Act, a two-thirds majority of the<br />

Supervisory Board is required for the appointment<br />

of Board of Management members. <strong>Landesbank</strong><br />

<strong>Berlin</strong> <strong>Holding</strong> AG is a financial holding company<br />

as defined in Article 1 (3a) of the German Banking<br />

Act (KWG). In accordance with Article 2d KWG, the<br />

members of the Board of Management must be<br />

reliable and must possess the necessary technical<br />

aptitude to manage the companies. There are no<br />

further provisions in the Articles of Association.<br />

In accordance with Article 16 (3) of the Articles of<br />

Association, resolutions of the Annual General<br />

Meeting are passed with a simple majority of votes<br />

and – when a capital majority is required – with a<br />

simple capital majority, unless otherwise stipulated<br />

by law or in the Articles of Association. The statutory<br />

provisions of Articles 179 ff of the German Stock<br />

<strong>Corp</strong>oration Act apply to changes to the Articles of<br />

Association. In accordance with Article 12 (3) of the<br />

Articles of Association, the Supervisory Board is<br />

entitled to make changes to the Articles of Association<br />

which relate only to the wording.<br />

Powers of the Board of Management concerning<br />

the possibility of issuing or buying back shares<br />

The Annual General Meeting of 23 August 2007 had<br />

authorised <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG to buy<br />

and sell own shares for the purpose of securities<br />

trading until 30 September 2008 in accordance with


Article 71 (1) No. 7 of the German Stock <strong>Corp</strong>oration<br />

Act. On rescission of this resolution, the Annual<br />

General Meeting of 4 July 2008 authorised <strong>Landesbank</strong><br />

<strong>Berlin</strong> <strong>Holding</strong> AG to buy and sell own shares<br />

for the purpose of securities trading until 30 September<br />

2009 in accordance with Article 71 (1) No. 7<br />

of the German Stock <strong>Corp</strong>oration Act.<br />

Both resolutions were made under the condition that<br />

the acquisition prices may not exceed or fall short<br />

of the average closing price of the shares in the<br />

XETRA trading system (or a comparable successor<br />

system) of the Frankfurt Stock Exchange for the ten<br />

preceding days by more than 10 %, and that the<br />

trading portfolio of the shares acquired for this purpose<br />

may not exceed 5 % of the share capital at the<br />

end of each day.<br />

In addition, in accordance with the resolution of the<br />

Annual General Meeting on 23 August 2007, there<br />

was authorisation to acquire treasury stock for purposes<br />

other than securities trading in accordance<br />

with Article 71 (1) No. 8 of the German Stock <strong>Corp</strong>oration<br />

Act until 30 September 2008. On rescission<br />

of this resolution, the Annual General Meeting of<br />

4 July 2008 authorised <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong><br />

AG to acquire treasury stock for purposes other than<br />

securities trading in accordance with Article 71 (1)<br />

No. 8 of the German Stock <strong>Corp</strong>oration Act until<br />

30 September 2009.<br />

Both resolutions were made on the condition that<br />

the purchase price per share may not exceed or fall<br />

short of the average closing price of the company<br />

shares in the XETRA trading system (or a comparable<br />

successor system) of the Frankfurt Stock Exchange<br />

for the ten preceding days by more than 10 %, and<br />

that in total only shares up to 10 % of the share capital<br />

may be acquired on the basis of this authorisation.<br />

Together with treasury shares acquired for trading<br />

purposes and for other reasons which are owned by<br />

the company or are attributable to the company<br />

under Articles 71a ff of the German Stock <strong>Corp</strong>oration<br />

Act, the shares acquired on the basis of these authorisations<br />

may not exceed 10 % of the company’s<br />

share capital at any time. The Board of Management<br />

was authorised in each case to withdraw shares<br />

acquired on the basis of the above authorisation,<br />

fully or partially, in the latter case also through<br />

repeated exercise of the authorisation, without the<br />

withdrawal or its execution requiring a further<br />

resolution by the Annual General Meeting. It may<br />

allow for the remaining shareholders’ proportion of<br />

share capital to increase as a result of the withdrawal.<br />

The Board of Management was authorised<br />

to adjust the information on the number of shares<br />

in the Articles of Association.<br />

No use was made of the powers from the four<br />

above-mentioned resolutions in the reporting year.<br />

Material agreements on condition of a<br />

change of control<br />

There are no material agreements made on condition<br />

of a change of control in the case of a takeover offer.<br />

Compensation agreements with members of<br />

the Board of Management or employees in the<br />

case of a takeover offer<br />

No compensation agreements have been made with<br />

members of the Board of Management or employees<br />

in the case of a takeover offer. See also the section<br />

“Remuneration system for the Board of Management<br />

and the Supervisory Board”.<br />

Group management report<br />

Overview of the 2008 financial year<br />

59


60<br />

Development of business – January to December 2008<br />

The subject which dominated in 2008 was the escalation<br />

of the global crisis on the financial markets. The<br />

financial crisis, which greatly intensified in the second<br />

half of the year, is now encroaching on the real<br />

economy. As a result, the global economy lost pace<br />

considerably over the course of 2008. The major<br />

industrialised nations are now almost without exception<br />

in recession, whilst in the emerging markets<br />

the strong economic growth of the past years slowed<br />

down considerably. The continued outlook for the<br />

German economy is looking negative. The decline in<br />

economic performance is also impacting on industry<br />

in <strong>Berlin</strong>. Whereas for 2008 as a whole, GDP grew<br />

at a rate of 1.6 %, for 2009 at best a stagnation in<br />

economic performance is anticipated.<br />

Triggered by the loss of confidence on the financial<br />

markets, the money and Capital Markets effectively<br />

came to a standstill in the fourth quarter of 2008.<br />

Central banks worldwide lowered interest rates in<br />

concerted interest rate measures. Whilst the ECB<br />

was still raising interest rates in the middle of the year,<br />

pointing to increased rates of inflation, in the second<br />

half of the year there were steep cuts in the base rate.<br />

By means of a financial markets stabilisation fund<br />

in the region of € 500 billion, the German government<br />

initiated an emergency programme aimed at stabilising<br />

the financial sector in order to revive the interbank<br />

market. It remains to be seen whether the<br />

government measures will create confidence on the<br />

markets, thus achieving a turning point in the crisis.<br />

To save the struggling Hypo Real Estate Group,<br />

<strong>Landesbank</strong> <strong>Berlin</strong> contributed to liquidity assistance<br />

for the German financial sector in two stages<br />

and a counter-guarantee of the S-Finanzgruppe.<br />

Since 2007, it has also participated in a concerted<br />

action for SachsenLB and IKB Deutsche Industriebank<br />

AG.<br />

The Group was not able to escape the turbulence<br />

on the money and Capital Markets during the past<br />

financial year. The markets were marked by a significant<br />

decline in trading activities, decreased trading<br />

volumes, a lower number of transactions and even<br />

sometimes a complete lack of trades, as well as<br />

increased price spreads. In addition, there was substantially<br />

increased volatility, accompanied by a rise<br />

in the credit spreads, due both to lower ratings and<br />

to increased illiquidity in some markets. Overall,<br />

there was increased distrust on the securities and<br />

money markets. The intensification of the financial<br />

crisis and problematic price determination for financial<br />

instruments – particularly on inactive markets –<br />

influenced the performance of the Group’s Capital<br />

Markets business to a considerable extent.<br />

These negative influences were offset by the pleasing<br />

development in the other business areas: Retail<br />

Banking, Regional <strong>Corp</strong>orate Banking and Real<br />

Estate Financing.<br />

In the Retail Banking and Regional <strong>Corp</strong>orate Banking<br />

segments, the strong market position was consolidated<br />

or even expanded. Particularly significant is the<br />

expansion of new business in instalment loans and<br />

the further extension of the leading market position in<br />

nation-wide credit card business. Despite the difficult


market environment, the Real Estate Financing segment<br />

managed to extend customer relations further<br />

and increase the portfolio through sustained new<br />

business.<br />

Following the Annual General Meeting on 4 July 2008,<br />

a dividend of € 0.10 per share was distributed to the<br />

shareholders (previous year: € 0.06). This corresponds<br />

to a total distribution amount of € 100 million (previous<br />

year: € 60 million).<br />

With a contract dated 1 October 2008, <strong>Landesbank</strong><br />

<strong>Berlin</strong> AG sold the private customer banking business<br />

of its Luxembourg-based subsidiary, <strong>Landesbank</strong><br />

<strong>Berlin</strong> International S.A. This was implemented in the<br />

fourth quarter of 2008.<br />

Income Statement<br />

1.1. – 31.12. 1.1. – 31.12. Change<br />

in € million 2008 2007 1) in %<br />

Net interest income 1,247 815 53<br />

Interest income 6,919 6,210 11<br />

Interest expenses 5,672 5,395 5<br />

Allowance for losses on loans and advances 63 – 68 > 100<br />

Net interest income after risk provisioning 1,184 883 34<br />

Net commission income 302 297 2<br />

Fee and commission income 439 429 2<br />

Fee and commission expense 137 132 4<br />

Net income from hedge accounting – 18 3 < – 100<br />

Net gain from financial instruments recognised at fair value through profit or loss – 344 – 45 < – 100<br />

Net income from financial assets – 308 – 4 < – 100<br />

Net income from investments carried at equity – 18 12 < – 100<br />

Other operating income 139 119 17<br />

Administrative expenses 940 965 – 3<br />

Operating result before restructuring – 3 300 < – 100<br />

Restructuring expenditure and income (net) 12 6 100<br />

Operating profit / earnings before taxes 9 306 – 97<br />

Income tax expense – 20 76 < – 100<br />

Consolidated net profit for the period / earnings after taxes 29 230 – 87<br />

Net profit / loss attributable to minority interests 12 19 – 37<br />

Consolidated net profit for the period of the shareholders of the parent company 17 211 – 92<br />

1) Figures for the previous year have been adjusted<br />

In addition, in January 2008 <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

acquired the limited partnership interest in Bianca<br />

Vermögensverwaltung AG & Co. KG, and thus a<br />

portfolio of consumer loans and credit card payables<br />

and receivables. This portfolio was transferred to<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG during the reporting year.<br />

<strong>Landesbank</strong> <strong>Berlin</strong> Investment GmbH (LBB-INVEST)<br />

was transferred from <strong>Landesbank</strong> <strong>Berlin</strong> AG to<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG with the contract<br />

dated 22 December 2008 and with effect in rem from<br />

31 December 2008 / 1 January 2009.<br />

Group management report<br />

Development of business – January to December 2008<br />

61


Due to the negative effects of the crisis on the<br />

financial markets to be processed, which are predominantly<br />

reflected in net income through financial<br />

instruments recognised at fair value through profit<br />

or loss and in net income from financial assets,<br />

operating profit / earnings before taxes of € 9 million<br />

were significantly down on the result of the previous<br />

year. In contrast, net interest and commission income<br />

again developed positively, reflecting successes in<br />

our retail banking business.<br />

The Group generated earnings after taxes of<br />

€ 29 million after € 230 million in the same period<br />

of the previous year.<br />

The individual earnings components of the Group<br />

are presented below:<br />

Net interest income again developed at above the<br />

average for the previous year, increasing by around<br />

53 % to € 1,247 million. For the most part, favourable<br />

new business and increases in the customer basis<br />

at good margins, particularly in the Capital Markets<br />

and Real Estate Financing segments, were responsible<br />

for the positive result. These developments<br />

were partially offset by the opposing effects of<br />

financial instruments recognised at fair value through<br />

profit or loss.<br />

1.1. – 31.12. 1.1. – 31.12. Change<br />

in € million 2008 2007 in %<br />

Interest income<br />

Interest income from receivables 3,578 3,205 12<br />

62<br />

Interest income from financial assets 2,092 1,868 12<br />

Similar (interest) income from financial investments 46 25 84<br />

Other interest income 1,203 1,112 8<br />

Total interest income 6,919 6,210 11<br />

Interest expenses<br />

Development of business – January to December 2008<br />

Interest expenses for liabilities 3,998 3,807 5<br />

Interest expenses for subordinated liabilities 20 63 – 68<br />

Similar (interest) expenses from financial assets 0 2 – 100<br />

Other interest expenses 1,654 1,523 9<br />

Total interest expenses 5,672 5,395 5<br />

Net interest income 1,247 815 53<br />

Total expense of € 63 million was recognised in<br />

the allowance for losses on loans and advances.<br />

€ 337 million was added to write-downs. This is<br />

offset by reversals of € 274 million. The allowance<br />

for losses also reflects the worsening general<br />

economic conditions. However, due to continued<br />

rigorous risk management, the ongoing reduction<br />

of risk-carrying positions and reversals to be carried<br />

out, overall it is lower than anticipated.<br />

The comparable period of the previous year showed<br />

a positive net amount of € 68 million for allowances<br />

for losses, primarily due to higher reversals.


Net commission income increased by € 5 million<br />

year-on-year to € 302 million (+2 %). The expan-<br />

sion of the guarantee bond business significantly<br />

increased income from lending business. The<br />

increased expenses in the credit card business,<br />

linked to high sales success, were far more than<br />

offset by the resulting income. The structure of net<br />

commission income is also defined by earnings<br />

contributions from securities and issue business<br />

and payment services.<br />

1.1. – 31.12. 1.1. – 31.12. Change<br />

in € million 2008 2007 in %<br />

Fee and commission income<br />

Securities and issue business 147 176 – 16<br />

Payment services / account management 116 115 1<br />

Lending business 48 35 37<br />

Card business 95 76 25<br />

Other services 18 14 29<br />

Other fee and commission income 15 13 15<br />

Total fee and commission income 439 429 2<br />

Fee and commission expense<br />

1.1. – 31.12. 1.1. – 31.12. Change<br />

in € million 2008 2007 1) in %<br />

Income from the reversal of write-downs on receivables and from the<br />

reversal of provisions in the lending business 274 449 – 39<br />

Depreciation and amortisation expense and write-downs of receivables<br />

and additions to provisions in the lending business 337 381 – 12<br />

Total 63 – 68 > 100<br />

1) Figures for the previous year have been adjusted<br />

Securities and issue business 43 53 – 19<br />

Payment services / account management 12 9 33<br />

Lending business 9 7 29<br />

Card business 53 45 18<br />

Other services 15 14 7<br />

Other fee and commission expense 5 4 25<br />

Total fee and commission expense 137 132 4<br />

Net commission income 302 297 2<br />

Group management report<br />

Development of business – January to December 2008<br />

63


64<br />

Development of business – January to December 2008<br />

At € – 18 million, net income from hedge accounting<br />

was down € 21 million as against the figure for the<br />

previous year and shows the net gain or loss on the<br />

revaluation of effective fair value hedges.<br />

At € – 344 million, net income from financial instru-<br />

ments recognised at fair value though profit or<br />

loss recorded significant expenditure. Expense of<br />

€ 45 million was recorded in the same period of 2007.<br />

The earnings components were marked considerably<br />

by the distortions on the international Capital Markets.<br />

In the net income from the fair value measurement<br />

of financial instruments, the improvement in net<br />

trading income by € 475 million to € 102 million was<br />

offset by a reduction of € 774 million to € – 446 million.<br />

This particularly reflects the difficult situation on the<br />

Capital Markets. The reduction in net income from<br />

financial instruments recognised at fair value through<br />

profit or loss to some extent corresponds to the<br />

opposing effects in net interest income.<br />

Net income from financial assets declined against<br />

the previous year by € 304 million to € – 308 million.<br />

This net result is primarily affected by net income<br />

from remeasurement (€ – 294 million). As well as<br />

write-downs on exposure at the Lehman Brothers<br />

investment bank, valuation corrections also had to<br />

be taken on our Iceland and Washington Mutual<br />

receivables and on funds.<br />

Net income from investments carried at equity<br />

decreased to € – 18 million (previous year: € 12 mil-<br />

lion). In addition to current income of € 5 million<br />

(previous year: € 3 million), this included effects of<br />

measurement changes of € – 23 million (previous<br />

year: € 9 million).<br />

Other operating income improved by € 20 million to<br />

€ 139 million. Total income of € 8 million was reported<br />

for taxes on assets and transactions and interest on<br />

income taxes in the financial year. Income of € 29 million<br />

was reported for the disposal of property, plant<br />

and equipment and of intangible assets. There was<br />

also income and reimbursements of costs from third<br />

party transactions totalling € 35 million.<br />

At € 940 million, administrative expenses were once<br />

again down on the previous year’s level of € 965 million<br />

and broke down as follows:<br />

1.1. – 31.12. 1.1. – 31.12. Change<br />

in € million 2008 2007 in %<br />

Staff costs 492 511 – 4<br />

Depreciation of property, plant and equipment and amortisation of intangible assets 62 66 – 6<br />

Other administrative expenses 386 388 – 1<br />

Total 940 965 – 3


Staff costs amounted to € 492 million after € 511 mil-<br />

lion in the comparative year (– 4 %). Write-downs and<br />

other administrative expenses declined by € 6 million<br />

as against the same period of the previous year.<br />

Overall, the development of administrative expenses<br />

in the reporting year is pleasing and is considerably<br />

lower than expected.<br />

Net restructuring expenditure and income related<br />

to expenditure for interest on restructuring provisions<br />

and income from the reversal of provisions that are<br />

no longer necessary. It increased by € 6 million yearon-year<br />

to € 12 million.<br />

In addition to current taxes with a net income of<br />

€ 28 million, income tax included expenses relating<br />

to deferred taxes in the amount of € 8 million.<br />

The fourth quarter of the 2008 financial year continued<br />

to be influenced by the effects of the global<br />

financial crisis. Nonetheless, an improvement in the<br />

operating result of € 141 million to € 6 million was<br />

achieved in comparison to the third quarter of 2008.<br />

The continued pleasing development of net interest<br />

income was offset by increased expenses due to<br />

market conditions in the areas of allowance for losses<br />

on loans and advances and net income through<br />

financial instruments recognised at fair value through<br />

profit or loss. Following the high write-downs and<br />

valuation corrections on receivables recognised in the<br />

third quarter, net income from financial assets stabilised<br />

in the final quarter of the reporting year.<br />

Segment results<br />

At € 365 million, net interest income in the Retail<br />

Banking segment was 7.0 % or € 24 million higher<br />

than the figure from the previous year. This includes<br />

extraordinary income from the initial public offering<br />

of the credit card provider VISA totalling € 19.4 million,<br />

positive effects from the third-party card business<br />

(€ + 8.7 million), and negative special factors due<br />

to the expansion in the sales financing business<br />

(€ – 7.9 million).<br />

The volume as at the balance sheet date, particularly<br />

that of deposits, grew by 6 % as against 31 December<br />

2007. This was due to the crisis on the financial<br />

markets, since the increased need for security among<br />

customers led to return flows of deposits to the<br />

<strong>Berlin</strong>er Sparkasse. At the same time, new business<br />

in approved general-purpose loans rose by 14.7 %<br />

and new business in mortgage loans made available<br />

increased by 10.3 % as against the previous year’s<br />

results.<br />

In 2008, net commission income was 1.0 %, or<br />

€ 2 million, up on the previous year’s level as a result<br />

of increased income from credit card business.<br />

A significant portion of net commission income was<br />

earned in the securities business, yet it remained<br />

13.1 % below the result of the previous year. As a<br />

result of the difficult market environment, the Retail<br />

Banking segment saw a 8.3 % decline in the level<br />

of internal certificates to € 865 million as against<br />

31 December 2007. In 2008, gross unit sales of<br />

€ 254 million were below the value of the previous<br />

year of € 351 million (– 27.6 %). Unit sales of insurance<br />

products developed well, with a 15.3 % year-on-year<br />

increase in net policy premiums. The national credit<br />

card business (co-branding) shows growth both<br />

in higher commission income and above-average<br />

growth in terms of credit cards (+15.9 %).<br />

Group management report<br />

Development of business – January to December 2008<br />

65


66<br />

Development of business – January to December 2008<br />

Allowance for losses on loans and advances was<br />

negatively impacted by portfolio-based allowances<br />

required in line with IFRS totalling € 7.6 million for<br />

the considerably increased volume of consumer<br />

loans, and was increased by the added consumer<br />

loans portfolio assumed from BHW Bank.<br />

Due to the increase in business (third-party cards<br />

and consumer loans portfolio in sales financing),<br />

administrative expenses were, at € 412 million, up<br />

slightly by € 3 million on the previous year’s figure.<br />

The increase in employee capacity (+75) resulted<br />

both from taking on trainees and from external<br />

appointments in connection with the transfer of<br />

employees from the acquired BHW portfolio.<br />

The Regional <strong>Corp</strong>orate Banking segment consoli-<br />

dated its strong market position. One contributing<br />

factor was the growth in interest-bearing loans and<br />

advances to customers, which rose by an average<br />

for the year of 10 %. However, due to repayment of<br />

short-term loans, the segment assets recognised as<br />

at 31 December 2008 were below the level of the<br />

previous year. Customer deposits also increased by<br />

13 % as against the previous year. This was also<br />

reflected in the increase in segment liabilities.<br />

The number of customers increased by almost<br />

1,000 customers to approximately 63,400. In spite<br />

of a highly competitive environment, net interest<br />

income increased by 3.6 % to reach € 114 million.<br />

As in the previous year, the segment benefited from<br />

positive developments in the allowance for losses<br />

on loans and advances. Net commission income<br />

was up from the previous year’s figure, since in 2008<br />

income from export financing was presented in the<br />

Regional <strong>Corp</strong>orate Banking segment for the first<br />

time rather than in the Capital Markets segment as<br />

previously. As a result, administrative expenses<br />

increased as against the previous year – adjusted<br />

for this effect, there was an overall decrease. Other<br />

operating income increased due to the disposal of<br />

an asset in the HILOG participation.<br />

The global financial crisis had a huge impact on the<br />

activities and result of the Capital Markets segment<br />

in financial year 2008. Market jitters left their mark<br />

on all activities in the segment through limited<br />

liquidity, huge increases in risk premiums (credit<br />

spreads) and extreme volatility on the interest and<br />

share markets. This led to losses in trading and<br />

remeasurement losses for asset items as a result of<br />

markets no longer functioning. In contrast, income<br />

from customer business remained virtually<br />

unchanged.<br />

The development of the credit spreads led to<br />

considerable remeasurement losses in our various<br />

investment strategies (e.g. tender option program,<br />

asset backed securities, credit investment portfolio),<br />

which were recognised only partially in terms of<br />

income.<br />

Despite the wide range of strategies and portfolios,<br />

trading activities also suffered enormously, although<br />

here the losses were limited by timely risk-reducing<br />

measures. The constant, non-volatile income from<br />

customer business and income revenue from investment<br />

strategies failed to compensate for the trading<br />

and remeasurement losses incurred.


Capital Markets generated an operating loss of<br />

€ 391 million, down € 380 million on the figure for<br />

the previous year.<br />

Due to impairments on exposures with Lehman<br />

Brothers, Washington Mutual, Icelandic banks<br />

and funds, net income from financial assets experienced<br />

a negative impact of € – 293 million (2007:<br />

€ – 26 million).<br />

Moreover, the collapse of Lehman Brothers meant<br />

that additions to write-downs on loans and advances<br />

were necessary. There was a corresponding increase<br />

in allowance for losses on loans and advances which,<br />

at € 53 million, was up € 83 million year-on-year. This<br />

includes write-downs on securitised US mortgage<br />

loans (CDO of ABS) and, to a lesser amount, value<br />

allowances for country risks from the Ukraine and<br />

Kazakhstan.<br />

Net interest income developed extremely positively,<br />

increasing to € 381 million (up € 251 million on 2007),<br />

primarily due to money market activities.<br />

At € – 284 million (previous year: € – 41 million), net<br />

income from financial instruments recognised at fair<br />

value through profit or loss was down heavily as<br />

a result of high exchange losses, particularly in the<br />

second half of the year.<br />

In 2008, an income settlement from the reassignment<br />

of export financing to the Regional <strong>Corp</strong>orate Banking<br />

segment (€ – 14 million) was undertaken for the<br />

first time. At € 30 million, net fee and commission<br />

income was down € 8 million as against the year 2007<br />

(after adjustment for the above income settlement),<br />

mainly resulting from falling brokerage income.<br />

Administrative expenses decreased by € 21 million<br />

to € 152 million due to rigorous implementation of the<br />

agreed saving measures and the reassignment of<br />

export financing to the Regional <strong>Corp</strong>orate Banking<br />

segment.<br />

The measures to attract new customers and intensify<br />

sales were expanded at all times in 2008 and led<br />

to a further increase in the number of clients. The<br />

outstanding certificate volume fell to € 2.3 billion in<br />

the course of the financial crisis. Gross sales of<br />

certificates amounted to € 1.2 billion as at 31 Decem-<br />

ber 2008. Growth in the special and mutual funds<br />

of LBB-INVEST did not continue in 2008. The fund<br />

volume decreased from € 12.8 billion as at 31 December<br />

2007 to € 10.3 billion as at 31 December 2008.<br />

The decline in the mutual fund volume to € 3.4 billion<br />

is mainly attributable to price losses on the share<br />

markets.<br />

Lending volumes in international lending business,<br />

which is essentially covered by state export credit<br />

agencies (ECA), grew significantly over the course<br />

of the year. With the escalation of the financial crisis,<br />

limits and thus new business were scaled back in<br />

the fourth quarter. Net operating interest and commission<br />

income were up on the previous year.<br />

Group management report<br />

Development of business – January to December 2008<br />

67


68<br />

Development of business – January to December 2008<br />

The Real Estate Financing segment generated<br />

pleasing operating earnings of € 259 million in the<br />

reporting period, representing a 5.3 % year-on-year<br />

increase (€ 246 million as at 31 December 2007).<br />

In the process, the balance of net interest income<br />

and net income from financial instruments recognised<br />

at fair value through profit or loss rose by<br />

€ 33 million. One contributing factor to the positive<br />

development in provisions for losses on loans and<br />

advances was extraordinary reversals, which significantly<br />

exceed newly created provisions. Net commission<br />

income improved by 73.7 % year-on-year<br />

to € 33 million.<br />

Despite the difficult market environment, new business<br />

– at around € 6.7 billion – once again exceeded<br />

the figure for the previous year of around € 6.6 billion<br />

(excluding non-recurring transactions of € 3.6 billion).<br />

The positive development in new business of previous<br />

years was continued though rigorous deployment<br />

of market opportunities. The breakdown of new<br />

business in terms of property use, lending areas and<br />

customer segments and the development of new<br />

business margins was consistent with the segment’s<br />

objectives. The segment’s strategy of risk limitation<br />

was still systematically observed.<br />

The customer receivables portfolio increased by<br />

€ 1 billion in the core business of Real Estate<br />

Financing in the reporting period. In the German<br />

market, the Real Estate Financing segment is thus<br />

firmly established as one of the leading providers.<br />

The Group management and service functions,<br />

the balance sheet structure management and the<br />

consolidation items in the Group are shown under<br />

Other / Consolidation. Other items reported in this<br />

segment include non-interest-bearing balance sheet<br />

items, such as non-current assets and the associated<br />

write-downs in administrative expense in the<br />

amount of € 32 million (previous year: € 33 million).<br />

The operating profit in the reporting period increased<br />

by € 44 million year-on-year to € – 84 million.<br />

The number of employees in the Other / Consolidation<br />

segment is 2,513, as compared to 2,083 in<br />

the pre vious year. 1,158 of these jobs (31 December<br />

2007: 1,190) relate to head office staff (including<br />

organisation and IT), and 1,332 of them relate to<br />

back office positions, which include both Banken-<br />

Service GmbH and also, since 1 July 2008, the back<br />

office positions at the credit units in the Regional<br />

<strong>Corp</strong>orate Banking, Capital Markets and Real Estate<br />

Financing segments. In addition, there are also<br />

some employees in other Group companies included<br />

in the Other / Consolidation segment. The reclassification<br />

of back office positions is the reason for<br />

the increase in the number of employees as at<br />

31 December 2008 in comparison to the previous<br />

year. There is a corresponding decrease in the<br />

number of employees in the Regional <strong>Corp</strong>orate<br />

Banking, Capital Markets and Real Estate Financing<br />

segments. Because services were recharged,<br />

these reclassifications did not have any impact on<br />

the overall results of the segments concerned.


Net assets<br />

total assets at the end of 2008 amounted to<br />

€ 145.4 billion, slightly up on the corresponding<br />

figure for the previous year (31 December 2007:<br />

€ 142.2 billion).<br />

At € 22.4 billion, loans and advances to banks<br />

were down 16 % year-on-year. This was due to a<br />

reduction in loans and investments in the money<br />

and Capital Markets. Whilst term and demand<br />

deposits decreased by € 1.9 billion year-on-year,<br />

amounts of promissory note loans declined by<br />

€ 1.0 billion. There was a € 0.4 billion decrease in<br />

public-sector loans to € 3.2 billion.<br />

Loans and advances to customers increased<br />

slightly by € 0.4 billion or 1 % year-on-year to<br />

€ 47.5 billion, reflecting the positive development<br />

in retail banking business.<br />

AssEts<br />

31.12.2008 31.12.2007 1) Change<br />

in € million in %<br />

Cash 1,727 986 75<br />

Loans and advances to banks 22,369 26,514 – 16<br />

Loans and advances to customers 47,462 47,026 1<br />

Risk provisioning – 1,245 – 1,411 12<br />

Positive fair value of derivative hedging instruments 749 397 89<br />

Financial assets recognised at fair value through profit or loss 18,295 13,637 34<br />

Financial assets 50,466 50,696 0<br />

Investments carried at equity 98 129 – 24<br />

Intangible assets 650 665 – 2<br />

Property, plant and equipment 578 583 – 1<br />

Investment property 65 82 – 21<br />

Current tax assets 99 85 16<br />

Deferred tax assets 913 793 15<br />

Other assets 3,074 1,915 61<br />

Non-current assets and groups of assets held for sale 71 66 8<br />

Total 145,371 142,163 2<br />

1) Figures for the previous year have been adjusted<br />

For allowances for losses on loans and advances,<br />

there was a decline of € 0.2 billion to € 1.2 billion<br />

(previous year: € 1.4 billion).<br />

At € 0.7 billion, the positive fair values of derivative<br />

hedging instruments were up € 0.3 billion on the<br />

level of the previous year (€ 0.4 billion).<br />

In addition to the portfolio changes, the change in<br />

interest rates also impacted the figures reported for<br />

derivative financial instruments. The fair values of<br />

financial assets recognised at fair value through<br />

profit and loss rose by € 4.7 billion to € 18.3 billion<br />

as against 31 December 2007 (€ 13.6 billion).<br />

At € 50.5 billion, financial assets remained virtually<br />

unchanged (previous year: € 50.7 billion).<br />

Group management report<br />

Development of business – January to December 2008<br />

69


shares carried at equity amounted to € 98 million<br />

compared with € 129 million in the previous year.<br />

Changes arose particularly from the disposal of<br />

three companies.<br />

intangible assets decreased only very slightly yearon-year<br />

and totalled € 650 million, mainly consisting<br />

of goodwill of € 592 million.<br />

Property, plant and equipment declined slightly<br />

from € 583 million to € 578 million (– 1 %).<br />

investment property used by third parties was<br />

recognised at € 65 million, a € 17 million decrease in<br />

comparison to the previous year (€ 82 million). The<br />

main reason for the decline is disposals and reclassifications<br />

in non-current assets and groups of<br />

assets held for sale (€ 14 million).<br />

LiABiLitiEs ANd shAREhOLdERs’ Equity<br />

31.12.2008 31.12.2007 1) Change<br />

in € million in %<br />

Deposits by banks 45,950 50,686 – 9<br />

Amounts due to customers 32,720 29,552 11<br />

Securitised debt 29,826 30,517 – 2<br />

Negative fair value of derivative hedging instruments 1,340 985 36<br />

Financial liabilities recognised at fair value through profit or loss 27,097 21,893 24<br />

Provisions 1,168 1,270 – 8<br />

Current tax liabilities 157 199 – 21<br />

Deferred tax liabilities 33 32 3<br />

Other liabilities 1,915 1,018 88<br />

Liabilities assigned to groups of assets held for sale 83 1 > 100<br />

Subordinated capital 3,137 3,163 – 1<br />

of which: Dormant participations 687 700 – 2<br />

Shareholders’ equity 1,945 2,847 – 32<br />

Total 145,371 142,163 2<br />

1) Figures for the previous year have been adjusted<br />

70<br />

Development of business – January to December 2008<br />

At € 99 million, current tax assets were up slightly<br />

by € 14 million overall as against the figure for the<br />

previous year.<br />

deferred tax assets increased by € 120 million to<br />

€ 913 million.<br />

The increase in other assets by € 1,159 million to<br />

€ 3,074 million is largely due to the € 1,186 million<br />

rise in cash collateral to be deposited.<br />

The figure shown in the item for non-current assets<br />

and groups of assets held for sale related mainly to<br />

the intended disposal of investments and buildings /<br />

properties.


deposits by banks declined by € 4.7 billion or 9 %<br />

year-on-year to € 46.0 billion. The decrease results<br />

primarily from lower term and demand deposits<br />

(€ – 3.1 billion).<br />

Amounts due to customers increased by € 3.2 billion<br />

or 11 % year-on-year to € 32.7 billion. A large<br />

proportion of this rise related to term, demand and<br />

savings deposits at € 2.1 billion, and issued registered<br />

bonds at € 1.0 billion.<br />

The volume of securitised debt decreased by<br />

€ 0.7 billion or 2 % year-on-year to € 29.8 billion.<br />

€ 13.9 billion of this was attributable to publicsector<br />

mortgage bonds, € 7.9 billion to mortgage<br />

bonds and € 7.8 billion to debt instruments.<br />

Negative fair values of derivative hedging increased<br />

by € 0.3 billion to € 1.3 billion in comparison with<br />

the previous reporting date.<br />

As a result of factors including portfolio changes<br />

and changes in interest rates, the volume of financial<br />

liabilities recognised at fair value through profit or<br />

loss rose by € 5.2 billion to € 27.1 billion.<br />

Provisions declined by € 0.1 billion year-on-year<br />

to a total of € 1.2 billion. Reversals and utilisation<br />

totalling € 149 million were offset by additions of<br />

€ 42 million.<br />

income tax liabilities of € 190 million decreased by<br />

€ 41 million year-on-year. They consisted of current<br />

liabilities of € 157 million and deferred liabilities of<br />

€ 33 million.<br />

The other liabilities item increased by € 0.9 billion<br />

as against the previous year to € 1.9 billion and<br />

included in particular liabilities from collateral<br />

received (€ 1.7 billion).<br />

Liabilities allocated to groups of assets held for<br />

sale rose by € 82 million to € 83 million and related<br />

to the obligations of available for sale groups of<br />

assets.<br />

Measurement of pension obligations in accord-<br />

ance with IAS 19 took account of the development<br />

of the applicable interest rate (5.8 %; 31 December<br />

2007: 5.7 %), the salary trend (3.0 % to 3.5 %;<br />

31 December 2007: 2.5 % to 3.0 %), the pension<br />

trend (unchanged at 1.0 % to 3.0 %) and the rate of<br />

fluctuation (unchanged). The changes increased<br />

shareholders’ equity – before deferred taxes and<br />

minority interests – by a total of € 28 million.<br />

The overall capital ratio for liable capital reported at<br />

the level of the RVG Group as at 31 December 2008<br />

was 16.41 %; the tier 1 capital ratio was 13.74 %.<br />

The overall capital ratio reported on 31 December<br />

2007 after the approval of the annual financial statements<br />

was 15.04 %; the Tier 1 capital ratio was<br />

11.80 %. The overall capital ratio for the <strong>Holding</strong> as<br />

at 31 December 2008 was 10.96 %; the Tier 1 capital<br />

ratio was 7.76 %.<br />

Group management report<br />

Development of business – January to December 2008<br />

71


72<br />

Development of business – January to December 2008<br />

The subordinated capital item includes subordinated<br />

liabilities and dormant participations.<br />

As at 31 December 2008, Group shareholders’ equity<br />

in accordance with IFRS totalled € 1.9 billion. This<br />

represents a decrease of € 0.9 billion from 31 Decem-<br />

ber 2007. This was largely due to the reduction of<br />

the revaluation reserve and the decrease in minority<br />

interests by € 0.5 billion and € 0.3 billion respectively.<br />

For more information, please see the statement of<br />

changes in Group shareholders’ equity.<br />

As at 31 December 2008, the amount of off-balance<br />

sheet financing instruments after risk provisioning<br />

totals € 6.0 billion (previous year: € 9.9 billion). Offbalance<br />

sheet financing instruments include primarily<br />

contingent liabilities from guarantees and warranties<br />

and irrevocable loan commitments.<br />

Financial position<br />

The Bank has chosen not to prepare a more detailed<br />

analysis of the cash flow statement as it does not<br />

derive any impulses relevant to liquidity management<br />

as a result. The aims of financial management<br />

are the targeted and controlled risk-taking in line with<br />

return-oriented parameters and regulatory standards.<br />

The liquidity management relevant for the Bank is<br />

based on principles derived from the German Banking<br />

Act which are presented in the Risk Report.<br />

Please also see the presentation on the cash flow<br />

statement.<br />

As a result of the financial market crisis, the situation<br />

on the refinancing markets worsened. LBB is also<br />

affected by this as a result of limited access to these<br />

markets. Reduced investments in financial assets<br />

ensured the availability of liquidity for operations<br />

and the maintenance of sufficient reserves. The refinancing<br />

markets have eased to the extent that since<br />

January 2009 our customer requirements can be<br />

entirely covered. Because credit and liquidity spreads,<br />

especially in the short term, are offset by decreased<br />

base interest rates, at present the realisation of our<br />

customers investment plans depends primarily<br />

on whether sufficient equity is available and whether<br />

our customers are anticipating positive market<br />

developments.<br />

At the present time, we do not foresee restrictions<br />

to the core business with our customers for reasons<br />

of liquidity. The Sparkasse will remain available to<br />

all customers in its traditional business without qualification.<br />

Despite the difficult market situation, the<br />

refinancing situation at LBB allowed an ongoing<br />

expansion of business.<br />

Effects of consolidation<br />

The items of the consolidated income statement<br />

and the consolidated balance sheet volume are primarily<br />

determined by LBB and <strong>Berlin</strong> Hyp. Based<br />

on the consolidated financial statements, 90.2 % of<br />

total assets related to these companies (previous<br />

year: 88.3 %).


Events after 31 December 2008<br />

As at 31 December 2008, valuation models were<br />

applied in calculating the fair value of numerous<br />

financial instruments. This was because the extreme<br />

market situation, primarily characterised by inactive<br />

markets, meant that in these cases it was practically<br />

impossible to determine the fair value on the basis<br />

of listed prices or by means of estimates based<br />

on most recent transactions or currently available<br />

market prices. As far as possible and wherever<br />

available, observable market data was applied.<br />

Our evaluation of the current non-typical market<br />

situation – which was dominated by a sharp decline<br />

in trading activities and sometimes even a complete<br />

lack of trades, as well as increased volatility together<br />

with a rise in credit spreads – remains unchanged.<br />

Despite a noticeable increase in activities on the<br />

primary market, financial markets are still highly<br />

In accordance with Article 312 of the German Stock<br />

<strong>Corp</strong>oration Act, the Board of Management of<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG submitted a report<br />

on business relations with affiliated companies for<br />

the 2008 financial year. The declaration at the end<br />

of this report is as follows:<br />

“The Board of Management of <strong>Landesbank</strong> <strong>Berlin</strong><br />

<strong>Holding</strong> AG hereby declares that the <strong>Landesbank</strong><br />

<strong>Berlin</strong> <strong>Holding</strong> AG companies received appropriate<br />

unsettled. We are seeing ongoing low market volume<br />

on the secondary market, a high bid / offer spread,<br />

little willingness to implement actual transactions, and<br />

quotations from different sources which sometimes<br />

vary widely from one another or are themselves contradictory.<br />

This means that no price quotes / only<br />

indicative price quotes are available. The markets in<br />

Germany, in particular the previous issuing activities,<br />

are also heavily influenced by state rescue measures,<br />

which can only be used for limited market assessments.<br />

The sale of the retail banking business of the<br />

Luxembourg-based subsidiary <strong>Landesbank</strong> <strong>Berlin</strong><br />

International S.A. as agreed upon in the contract of<br />

1 October 2008, was concluded in January 2009<br />

with the receipt of purchase price payment and the<br />

transfer of assets and obligations.<br />

Final statement on the dependent company report in accordance<br />

with Article 312 of the German Stock <strong>Corp</strong>oration Act<br />

consideration for all legal transactions and other<br />

measures with Erwerbsgesellschaft der S-Finanzgruppe<br />

mbH & Co. KG, with Regionalverbandsgesellschaft<br />

mbH and with companies affiliated<br />

thereto in accordance with the circumstances known<br />

at the time of legal transactions or measures and<br />

that these companies were not disadvantaged by<br />

the measures taken.”<br />

Group management report<br />

Development of business – January to December 2008 | Events after 31 December 2008 | Final statement on the dependent company report<br />

73


74<br />

Risk report<br />

The risk report of the <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong><br />

Group contains the information required under<br />

GAS 510 and IAS / IFRS. The Group is thereby exercising<br />

the regulation under IFRS 7.B6, which allows<br />

bundling the information required on the nature<br />

and extent of risks arising from financial instruments<br />

in a risk report. Please see also note 61 (risk management).<br />

As the Group parent, <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

(<strong>Holding</strong>) essentially performs the function of a<br />

financial holding company that no longer performs<br />

its own banking activities and is no longer a bank.<br />

Its central activity is holding the 100 % interest in<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG (LBB).<br />

Due to the fact that LBB is the parent company of<br />

the financial holding group in terms of regulatory law<br />

and all the banks in the Group are merged under its<br />

umbrella, there is a high correlation between the<br />

risks of the <strong>Landesbank</strong> <strong>Berlin</strong> Group and those of<br />

the <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> Group.<br />

As a result of the dramatic intensification of the<br />

international financial crisis as of September 2008,<br />

the Group had to revise its expectations for the<br />

2008 financial year.<br />

From the middle of September 2008 on, general conditions<br />

for banks deteriorated worldwide on a sustained<br />

basis and with unprecedented momentum,<br />

with the effect that extensive guarantee and stabilisation<br />

measures were initiated for the financial system<br />

by state institutions. Specifically the insolvency of<br />

Lehman Brothers led to the re-evaluation of default<br />

risks, even from major financial system counterparties.<br />

As a result, established refinancing sources<br />

largely dried up and a string of major market players<br />

became illiquid. The Group itself did not remain<br />

unaffected by market jitters in 2008. These led to a<br />

perceptible negative impact and subjected our risk<br />

management methods, procedures and systems<br />

to an acid test in the reporting year. Even in these<br />

extreme circumstances, our risk management processes<br />

generally showed themselves to be appropriate.<br />

Control measures were initiated on this basis.<br />

However, in the environment of dysfunctional Capital<br />

Markets, these measures could not prevent remeasurement<br />

losses (for structured products, securitisation<br />

transactions and especially financial securities)<br />

and impairment losses. At all times, the group’s<br />

unutilised coverage existed both according to our own<br />

internal measures and from a regulatory viewpoint.


Principles for risk management and control<br />

The targeted, controlled assumption of risks in the<br />

context of return-oriented parameters is a key<br />

component of the Group’s overall risk management<br />

strategy. Risk control and qualified, timely risk<br />

monitoring are performed in accordance with the<br />

conditions of the Board of Management’s risk policy<br />

as set out in the risk strategy and the risk manual.<br />

Acting as an independent unit, Risk Management<br />

is responsible for identifying and evaluating risks,<br />

supporting the company’s risk management activities<br />

and providing the company’s management<br />

with regular information.<br />

The risk strategy is derived from the Bank’s strategic<br />

framework and principles, and sets out the provisions<br />

of the latter with regard to the taking of risks. This<br />

includes the stipulation of Group-wide methods and<br />

procedures for risk measurement. In addition, all<br />

companies and organisational units are responsible<br />

for ensuring that all risks are transparent and can<br />

be measured using uniform Group methods.<br />

The risk manual, which sets out the framework for<br />

operational risk control and applies to both the Group<br />

and the individual banks, provides detailed information<br />

on conditions, responsibilities and methods<br />

for the individual phases of risk management.<br />

Overall risk management<br />

Overall risk management for the Group is the<br />

responsibility of the Board of Management of LBB.<br />

In accordance with the Group’s business policy, the<br />

Board of Management performs risk limitation and<br />

allocation for the various companies and organisational<br />

units of the Group by implementing limits and<br />

structural requirements, taking into account economic<br />

risk tolerance and the regulatory rules. The Finance<br />

and Risk and Controlling divisions report in the<br />

monthly joint top management report. In addition<br />

to the financial analysis, this contains risk reporting<br />

in line with the Minimum Requirements for Risk<br />

Management (MaRisk). Using this report, which<br />

summarises all risk types, the Board of Management<br />

discusses the overall risk and result of operations<br />

and examines the extent to which reactions are<br />

required.<br />

Within the Group, a distinction is made between<br />

the following risk categories in terms of content:<br />

Counterparty risks (including participation risks)<br />

Liquidity risks<br />

Market price risks, interest rate risks (cash flow<br />

and fair value), currency risks, share price risks<br />

Real estate risks<br />

Operational risks<br />

Other risks / remaining risks<br />

The risk categories are divided into monetary and<br />

non-monetary risks. Monetary risks are included in<br />

the quantitative combination forming total risk<br />

(internal risk tolerance concept). Non-monetary risks<br />

(e.g. liquidity risk and strategic risk) are managed<br />

qualitatively. In addition, for risk tolerance analyses,<br />

when significant risks (i.e. potential losses of assets)<br />

are identified that have not yet been included, they<br />

are reported separately under remaining risks.<br />

Group management report<br />

Risk report<br />

75


76<br />

Risk report<br />

At Group level, risks are controlled and monitored<br />

at Group level by breaking down all companies into<br />

a graded concept (internal scope of consolidation)<br />

that is regularly reviewed.<br />

The internal risk tolerance concept is composed of<br />

a system of measurement procedures and limits for<br />

all material risks that ensures down to a small residual<br />

possibility that a defined maximum asset loss is<br />

not exceeded. The assumptions this is based on are<br />

reviewed on a regular basis, at least once a year,<br />

and are adjusted if necessary, as is also the case for<br />

the corresponding limits. On the basis of the individual<br />

risk types identified, the overall risk is calculated<br />

by aggregating the individual risks, taking into account<br />

diversification effects between the risk types. The<br />

overall risk situation was measured by comparing the<br />

capital available to cover risks (aggregate risk cover)<br />

with the total risk and with the crisis scenario at<br />

Group level.<br />

To be able to interpret risk assessments more accurately,<br />

the risk to the Bank as a whole is calculated<br />

for various confidence levels. The results are compared<br />

with various loss scenarios (e.g. loss equal to<br />

the planned results for the year, falling short of the<br />

overall capital ratio required by the supervisory<br />

authorities). Furthermore, the discontinuation of all<br />

diversification effects between risk categories is<br />

defined as a crisis scenario at Group level. In the<br />

reporting year, the scenario analyses for the individual<br />

risk categories were developed further and<br />

integrated into reporting.<br />

Internal capital adequacy<br />

To improve the efficiency of overall management<br />

further, a risk capital figure is set at an overall level<br />

and for the divisions. The risk capital is in addition<br />

to the existing limits and functions as an observation<br />

limit derived from the strategic goals, which means<br />

that countermeasures can be taken in good time if<br />

the Group comes close to this limit.<br />

The Capital Management Committee, introduced<br />

in 2007, coordinates Group-wide measures to<br />

ensure a long-term, optimised capital structure in<br />

line with internal and external conditions. To achieve<br />

this, it compares the development of risk positions<br />

at the key Group companies and the Group on<br />

the basis of approved medium-term planning and<br />

internal (economic), accounting and regulatory<br />

capital requirements.<br />

The composition of the internal aggregate risk cover<br />

was redefined in 2008 and is now defined on the<br />

basis of equity according to IFRS plus 70 % of subordinated<br />

capital. This allows for an improved and<br />

more up-to-date mapping of the risk situation and<br />

the related assets. On the basis of the new, slightly<br />

reduced aggregate risk cover, there is still scope for<br />

new business in line with our strategy. Unutilised<br />

coverage is in place in stress situations and on theoretical<br />

full utilisation of the current total limit. As of<br />

31 December 2008, the Group had aggregate risk<br />

cover of € 4,200 million; regulatory capital resources<br />

amounted to € 4,511 million after establishment to<br />

the same date.


To ensure risk tolerance, there is a limit system<br />

along with escalation processes based on this<br />

system. When risk limits are approached (this is<br />

generally taken to mean utilisation of more than<br />

90 %), the Board of Management decides<br />

on measures to prevent limits being exceeded.<br />

in € million<br />

Credit risk<br />

Participation risk<br />

Market price risk<br />

Operational risk<br />

Real estate risk<br />

Remaining risks<br />

Correlation<br />

Total risk<br />

Excess<br />

Aggregate risk cover<br />

Total risk<br />

Stress risk<br />

Aggregate risk cover<br />

1,076<br />

24<br />

At Group level, even during periods of greater risk<br />

values in connection with the financial crisis, there<br />

was sufficient excess capacity for aggregate risk<br />

cover at all times in the reporting year, both in terms<br />

of utilisation and the established limits.<br />

Utilisation by risk type, overall risk and the resulting<br />

unutilised coverage within the Group as of 31 December<br />

2008 were as shown:<br />

2,027<br />

1,276<br />

90<br />

71<br />

65<br />

– 575<br />

2,173<br />

4,200<br />

0 1,000 2,000 3,000 4,000 5,000<br />

2,027<br />

0 1,000 2,000 3,000 4,000 5,000<br />

2,602<br />

4,200<br />

Group management report<br />

Risk report<br />

Utilisation by<br />

risk type for the<br />

Group as at<br />

31 December 2008<br />

77


78<br />

Risk report<br />

OvERALL CAPitAL RAtiO (sOLvv)<br />

25.0 25.0<br />

RVG 16.4 %<br />

LBB 12.1 %<br />

20.0 20.0<br />

LBBH 11.0 %<br />

15.0 15.0<br />

10.0 10.0<br />

5.0 5.0<br />

January 2008<br />

February 2008<br />

March 2008<br />

April 2008<br />

May 2008<br />

June 2008<br />

July 2008<br />

August 2008<br />

September 2008<br />

Regulatory capital adequacy (German<br />

Solvency Ordinance)<br />

October 2008<br />

By way of the acquisition of the <strong>Holding</strong> by<br />

S-Erwerbsgesellschaft with its partners Regionalverbandsgesellschaft<br />

mbH (RVG, general partner)<br />

and DSGV ö.K. (limited partner) in 2007, LBB is<br />

owned by the RVG Group in terms of regulatory<br />

requirements. Please see also the regulatory ratios<br />

at the level of the <strong>Holding</strong> and at the level of RVG.<br />

The RVG Group and the sub-banks prepared statements<br />

in accordance with the Solvency Ordinance<br />

(SolvV) in the reporting year. As of the beginning of<br />

the year 2008, <strong>Berlin</strong> Hyp and netbank also report<br />

in accordance with SolvV.<br />

November 2008<br />

December 2008<br />

tiER 1 CAPitAL RAtiO (sOLvv)<br />

January 2008<br />

February 2008<br />

March 2008<br />

April 2008<br />

May 2008<br />

June 2008<br />

July 2008<br />

August 2008<br />

September 2008<br />

RVG 13.7 %<br />

LBB 8.4 %<br />

LBBH 7.8 %<br />

The information shown on the overall capital ratio<br />

and the Tier 1 capital ratio relates to the figures<br />

reported to the regulatory authorities as of the respective<br />

reporting date. As of 31 December 2008, figures<br />

after approval of the annual financial statements<br />

are shown for LBB and LBBH.<br />

October 2008<br />

November 2008<br />

December 2008<br />

The required minimum regulatory ratios of 8 % for<br />

the overall capital ratio and 4 % for the Tier 1 capital<br />

ratio were maintained at all times in the reporting<br />

year.<br />

In the SolvV statements up till July 2008, the regulatory<br />

ratio (overall capital ratio) was calculated<br />

including the additional equity requirements (floor)<br />

in line with Article 339 SolvV. This floor resulted<br />

primarily from the scaling of SolvV required capital<br />

resources to 90 % (2008 floor) of the required<br />

capital resources in accordance with Principle I.


In accordance with BaFin’s interpretation recommendation<br />

for calculating and reporting the floor, the<br />

Bank adjusted its calculation methods to regulatory<br />

ratios as of September. With the new procedure,<br />

adjustment amounts from the parallel calculation of<br />

Principle I (floor) are no longer included.<br />

The floor analysis is carried out as an auxiliary calculation,<br />

whereby the capital backing in line with<br />

Principle 1 is multiplied by the current floor of 90 %,<br />

taking into account the write-down comparison and<br />

the expected loss for investments, and is set against<br />

the Bank’s capital. This requirement was met on a<br />

regular basis in the reporting year.<br />

Counterparty default risk<br />

Counterparty default risk is defined as the risk of loss<br />

or foregone profit as a result of default by a business<br />

partner. This definition includes the risk that a<br />

contractual partner of the bank does not meet its<br />

obligations or does not do so in a timely manner or<br />

that the bank itself must meet an obligation on<br />

account of the non-performance of a third party, as<br />

well as the participation risk arising from the provision<br />

of equity. In the commercial credit business, the<br />

counterparty default risk when granting book loans<br />

is identical to the credit risk. If the asset held is a<br />

security instead of a book loan, the risk in question<br />

is an issuer risk. Other types of risk included under<br />

risk of default, and that are standard in trading<br />

business in particular, are counterparty risk (risk of<br />

potentially disadvantageous recoverage of a derivative<br />

transaction in the event of default by a business<br />

partner), settlement risk (risk that no counterperformance<br />

occurs on the payment date in spite of<br />

performance) and country risk (transfer risk).<br />

The measurement and management of counterparty<br />

default risks in the Group is based on a risk-adequate<br />

presentation of transactions subject to credit<br />

risk. Credit risks and counterparty and issuer risks<br />

are measured specifically to each product and quantified<br />

using the current credit exposure. The internal<br />

reporting of credit risks to management is essentially<br />

determined on the basis of this factor. In line with<br />

this and in accordance with IFRS 7.34(a), the presentations<br />

used internally are used below.<br />

On account of the risk content orientation of positions<br />

there are quantitative differences for some<br />

products between the current credit exposure and<br />

the receivable volume for accounting purposes:<br />

For trade transactions including securities and<br />

derivatives, the current credit exposure is calculated<br />

on the basis of counterparty, issuer and<br />

borrower risks. In addition, add-ons are included<br />

for potential future exposure for counterparty risks.<br />

Risks are mitigated by netting agreements and<br />

by offsetting long and short positions for issuer<br />

risks or by compensation agreements.<br />

Passed on development loans that do not represent<br />

a risk for the Group are not included.<br />

In line with the method differences shown, the current<br />

credit exposure can be reconciled to balance<br />

sheet assets. It should be noted that balance sheet<br />

assets also include items not subject to counterparty<br />

risk, e.g. intangible assets or property, plant<br />

and equipment. The table below shows the key<br />

differences to the balance sheet assets.<br />

Group management report<br />

Risk report<br />

79


Reconciliation:<br />

current credit<br />

exposure to<br />

balance sheet<br />

assets<br />

80<br />

Risk report<br />

in € billion<br />

150.0<br />

145.0<br />

140.0<br />

135.0<br />

130.0<br />

125.0<br />

120.0<br />

115.0<br />

110.0<br />

The Group’s entire current credit exposure as of<br />

31 December 2008 was € 124.9 billion. € 41.5 billion<br />

of this related to credit risks from commercial lending<br />

business quantified on the basis of remaining<br />

carrying amounts.<br />

Issuer, counterparty and borrower risks of capital<br />

market transactions are based on the market prices<br />

of the financial instruments and are included in the<br />

current credit exposure in the amount of € 83.4 billion.<br />

stRAtEGiC BusiNEss AREA<br />

in € million<br />

Current<br />

credit<br />

exposure<br />

124.9<br />

Add-on<br />

5.4<br />

Netting<br />

8.9<br />

Offset<br />

16.0<br />

Compensation<br />

0.9<br />

Pass-through<br />

loans<br />

0.1<br />

Measurement<br />

differences for<br />

derivatives<br />

5.7<br />

The majority of the current credit exposure related<br />

to the Capital Markets, Real Estate Financing and<br />

Other segments.<br />

Alongside current credit exposure, credit exposure<br />

is also considered below. This additionally includes<br />

limits promised to customers that have not yet been<br />

drawn. These limits include both revocable and<br />

irrevocable commitments.<br />

In line with the above composition of credit exposure<br />

and current credit exposure, the breakdown for the<br />

Group’s strategic business areas as of 31 December<br />

2008 was as follows:<br />

Credit<br />

exposure<br />

Total assets in<br />

line with IFRS<br />

(LBBH Group)<br />

Difference for<br />

145.4<br />

amortised cost<br />

0.2 Other<br />

Credit risks<br />

Balance sheet<br />

items excluding<br />

counterparty<br />

default risk<br />

5.9<br />

Current credit exposure<br />

Issuer, counterparty,borrower<br />

risks<br />

Retail Banking 10,194 3,868 395 4,262<br />

Regional <strong>Corp</strong>orate Banking 6,720 5,448 0 5,448<br />

Real estate 54,944 28,180 22,992 51,173<br />

of which mortgages 28,805 26,043 0 26,043<br />

Capital Markets 50,627 3,979 46,258 50,237<br />

Miscellaneous 13,738 2 13,735 13,737<br />

LBBH Group 136,223 41,477 83,380 124,857<br />

In this table and all following tables, figures have been rounded up / down, meaning that it may be the case that the figures provided for the totals differ slightly<br />

from the sum of the individual items.<br />

0.1<br />

Total


In line with its risk strategy, the Group primarily enters<br />

into credit risks in <strong>Berlin</strong> and the Federal Republic<br />

of Germany. In contrast, in line with its own strategy,<br />

risks in Capital Markets are predominantly issuer,<br />

counterparty and borrower risks abroad and in the<br />

former West German states.<br />

The industry breakdown is similar: the portfolio of<br />

credit risks is largely determined by real estate finance<br />

and retail and corporate customer business. In particular,<br />

issuer and counterparty risks are entered into with<br />

banks and regional and local authorities.<br />

Former West German states 31 %<br />

Former East German states 12 %<br />

<strong>Berlin</strong> 40 %<br />

International 16 %<br />

Miscellaneous 1 %<br />

Former West German states 36 %<br />

Former East German states 3 %<br />

<strong>Berlin</strong> 4 %<br />

International 56 %<br />

Miscellaneous 0 %<br />

Real estate financing 48 %<br />

Banking industry 13 %<br />

Business discharged<br />

from liability 11 %<br />

Private individuals 9 %<br />

Trade and commerce 6 %<br />

Services 6 %<br />

Health and social 2 %<br />

Regional authorities 2 %<br />

Participation companies 2 %<br />

Miscellaneous 1 %<br />

Banking industry 78 %<br />

Regional authorities 19 %<br />

Services 2 %<br />

Trade and commerce 1 %<br />

Miscellaneous 0 %<br />

Group management report<br />

Risk report<br />

Regional<br />

distribution of<br />

credit risks<br />

(€ 41.5 billion)<br />

Regional<br />

distribution of<br />

issuer, counter-<br />

party and<br />

borrower risks<br />

(€ 83.4 billion)<br />

Credit risks<br />

(€ 41.5 billion)<br />

Issuer, counter-<br />

party and<br />

borrower risks<br />

(€ 83.4 billion)<br />

81


Remaining maturity<br />

of credit risks<br />

(€ 41.5 billion)<br />

Remaining<br />

maturity of Issuer,<br />

counterparty<br />

and borrower risks<br />

(€ 83.4 billion)<br />

82<br />

Risk report<br />

up to 3 months 19 %<br />

between 3 months and 1 year 5 %<br />

between 1 and 5 years 19 %<br />

more than 5 years 57 %<br />

up to 3 months 13 %<br />

between 3 months and 1 year 11 %<br />

between 1 and 5 years 47 %<br />

more than 5 years 29 %<br />

Risk mitigation<br />

Various risk mitigation elements are used in the<br />

Group to reduce counterparty default risks. The key<br />

element for credit risks are physical and personal<br />

collateral. In addition, counterparty risks from trading<br />

activities are reduced by way of agreements on<br />

closeout netting. These make it possible to offset<br />

receivables and liabilities in the event of a deterioration<br />

in the counterparty’s credit rating, even if the<br />

counterparty becomes insolvent. In addition, other<br />

risk-minimising measures such as the conclusion<br />

of credit derivatives and the exchange of collateral<br />

are carried out in trading.<br />

The volume-weighted residual term for credit risks<br />

exceeds that for issuer, counterparty and borrower<br />

risks.<br />

Credit risk measurement procedure<br />

The probability of an exposure’s default is calculated<br />

as the key parameter for determining credit risks<br />

using rating and scoring methods. Each of these rating<br />

methods serves the purpose of validly estimating<br />

the probability of default for certain borrower groups<br />

on the basis of statistical procedures. All the risk<br />

classification systems used in the Group are subject<br />

to permanent quality control by credit risk controlling.<br />

For retail banking, regional corporate banking in<br />

Germany and real estate financing in Germany,<br />

internal Sparkasse rating and scoring methods from<br />

Sparkassen Rating und Risikosysteme GmbH are<br />

used. For major clients and international business,<br />

rating methods from Rating Service Unit GmbH &<br />

Co. KG are applied. LBB was involved in the development<br />

projects and participated in the bodies and<br />

working groups of both service providers.


The rating methods are calibrated to probabilities of<br />

default in line with the default definitions of Basel II.<br />

Based on the probability of default, they are assigned<br />

to one of the 25 classes of the DSGV master scale.<br />

The main rating methods were analysed and accepted<br />

by banking supervisory authorities as part of the<br />

admissions review for the internal rating-based<br />

approach under Basel II.<br />

As part of the credit analysis, a rating category is<br />

determined for each borrower. The allocation of rating<br />

classes to probabilities ensures the comparability<br />

of borrower credit ratings across all segments. The<br />

lending principles and allocation of competencies<br />

are based on the risk category. In addition to the<br />

probability of default determined from the rating, this<br />

also includes the collateral provided, thus giving an<br />

overview of the loss potential of a given exposure.<br />

In line with the risk class, the portfolio can be<br />

broken down into:<br />

Good loans risk class (1 to 12)<br />

Sub-performing loans risk class (13 to 15)<br />

Non-performing loans risk class (16 to 18)<br />

Quantitative analysis of default risks using statistical<br />

procedures is carried out for lending portfolios on<br />

the basis of the credit portfolio model developed by<br />

the Bank. This model, which is based on a Groupspecific<br />

adaptation of standard models, enables<br />

aggregation of borrower-specific risks of default for<br />

a risk indicator at portfolio level, the credit value at<br />

risk (CreditVaR). This figure is calculated daily on the<br />

basis of confidence levels of 90 % and 99.9 % with<br />

a holding period of one year for the main Group,<br />

sub-bank and business area portfolios. It is included<br />

in the monthly top management report and in risk<br />

tolerance calculations.<br />

On the basis of credit-specific exposure, the rating,<br />

the collateral and correlation estimates, the credit<br />

portfolio model estimates the probability of major<br />

losses as a result of correlated credit default. Owing<br />

to its structure, the model used reacts sensitively<br />

to cluster risks or industry concentrations and also<br />

takes into account the risk of country-transfer<br />

events. The mapping of risks is refined by stochastic<br />

modelling of loss ratios (e.g. collateral proceeds).<br />

The risk contributions of individual borrowers are<br />

calculated and are presented as part of credit risk<br />

reporting.<br />

Credit quality<br />

The following table shows the credit quality of<br />

financial assets that are neither past due nor<br />

impaired, grouped according to their risk class.<br />

CuRRENt CREdit ExPOsuRE<br />

Risk class<br />

Credit risks<br />

Issuer,<br />

counterparty,<br />

borrower<br />

risks<br />

in € million in € million<br />

1 – 3 25,132 78,359<br />

4 – 7 6,717 3,963<br />

8 – 12 4,497 624<br />

13 – 15 698 16<br />

no risk class available 562 213<br />

LBBH Group 37,606 83,175<br />

Share in total CCE 90.7 % 99.8 %<br />

Group management report<br />

Risk report<br />

83


84<br />

Risk report<br />

Credit monitoring<br />

The Group uses various manual and automatic<br />

methods to monitor the specific risk of borrowers<br />

in order to detect credit risks at an early stage and<br />

manage them proactively. Generally, borrower ratings<br />

are updated at least once per year. Within this<br />

framework, portfolios and the impairment of collateral<br />

are also regularly monitored and may be subject to<br />

remeasurement. In the event of rating deterioration,<br />

a decision is made as to the nature of the continued<br />

exposure.<br />

The Group uses early warnings systems to identify<br />

enhanced risk borrowers. Based on quantitative and<br />

qualitative early warning indicators, corresponding<br />

watch lists are prepared listing borrowers to be<br />

examined separately.<br />

The Group updates and refines the quality of its<br />

credit monitoring on an ongoing basis to accelerate<br />

decision-making processes and to improve the<br />

quality of the available information for recognising<br />

and measuring potential risks. Credit business,<br />

the implemented risk measurement methods and in<br />

particular the credit processes are regularly reviewed<br />

by the internal audit department. Measures are<br />

derived from this to improve further the quality of<br />

credit analysis and monitoring.<br />

Risk limitation<br />

Counterparty default risks are limited and managed<br />

at the level of individual borrowers and at portfolio<br />

level as part of strategic credit portfolio management.<br />

In addition to the portfolio analysis on the basis of<br />

the credit value at risk model, country risks are also<br />

managed using their own limits.<br />

Specific borrower limits<br />

Counterparty default risks are limited at specific<br />

borrower level by individual limits for borrowers for<br />

the parameters of amount, term and type of transaction.<br />

These limits are systematically tracked and<br />

subjected to a daily MaRisk process.<br />

In retail credit business, which covers standard<br />

credits such as instalment loans and overdraft facilities,<br />

largely computer-based methods are used for<br />

approval. For larger exposures, a vote by back-office<br />

is also required. For business not settled in standardised<br />

processes, individual credit decisions are<br />

made in clearly defined processes depending on the<br />

amount of exposure and risk content. Larger exposures<br />

are generally decided on and processed by<br />

back-office.<br />

Portfolio management<br />

New business and the lending portfolio are limited<br />

on a daily basis by portfolio limits on the basis of<br />

the credit portfolio model. For this purpose, limits<br />

are also in place for the expected loss and the<br />

unexpected loss at various confidence levels for<br />

the divisional portfolios as well as those of the<br />

sub-banks and the Group.<br />

The unexpected loss at a confidence level of 99.9 %<br />

is included in risk tolerance. The Group’s expected<br />

loss, unexpected loss (99.9 %) and its limit throughout<br />

2008 are shown below. The rise in unexpected<br />

loss is due to an adjustment to the parameterisation<br />

of the credit portfolio model and is linked to an<br />

adjustment to the limit.


1800<br />

1600<br />

1400<br />

1200<br />

1000<br />

800<br />

600<br />

400<br />

200<br />

0<br />

GROuP CREdit-vALuE-At-Risk RAtiOs<br />

in € million Unexpected loss Limit of unexpected loss Expected loss<br />

1,800<br />

1,600<br />

1,400<br />

1,200<br />

1,000<br />

800<br />

600<br />

400<br />

200<br />

January 2008<br />

February 2008<br />

March 2008<br />

Country and transfer risks are also limited using<br />

volume-based country limits. In the 2008 financial<br />

year, the limits system was adjusted such that<br />

only the Eurozone countries, the USA, Canada,<br />

Switzerland, the Channel Islands, the UK, Denmark,<br />

Sweden and Norway are not subject to any limits.<br />

The limits are determined by the Board of Management<br />

with consideration of economic influences<br />

April 2008<br />

May 2008<br />

Europe without limiting 1.3 North America 6.9<br />

Rest of EU without limiting 9.8<br />

Eurozone 28.6<br />

In addition to these limits, regular reports are submitted<br />

on the lending volume by other categories.<br />

A separate voting unit of Risk Management, which<br />

June 2008<br />

July 2008<br />

August 2008<br />

September 2008<br />

October 2008<br />

and the actual development of the lending portfolio<br />

on the recommendation of the Credit Risk Committee.<br />

Country limits restrict the net potential future exposure,<br />

which is equivalent to the current credit exposure<br />

including add-ons, taking into account collateral. As<br />

shown below, 94 % of this international volume relates<br />

to non-limited countries with top credit ratings (i.e. with<br />

an internal rating classification better than 1 (AA –)).<br />

Limited<br />

international<br />

volume<br />

November 2008<br />

December 2008<br />

Low transfer risk 2.2<br />

Medium transfer risk 1.0<br />

High transfer risk /<br />

no rating 0.1<br />

gives an additional vote for loan commitments for<br />

which the full Board of Management is responsible,<br />

checks the portfolio compatibility of a major commitment.<br />

Group management report<br />

Risk report<br />

International<br />

volume: net<br />

potential future<br />

exposure<br />

in € billion<br />

85


Risk prevention<br />

In the 2008 financial year, the Risk Prevention department<br />

took up its function. It is part of Direktbankservice.<br />

The department has the task of addressing<br />

targeted customers in the Retail Banking segment<br />

who have foreseeable difficulties making payments /<br />

increased default risk, in order to reduce the amount<br />

of cancellations in the Retail Banking segment.<br />

Handling problem credits<br />

Problematic loan commitments generally fall within<br />

the processing competence and responsibility of the<br />

credit risk divisions in which these loans were reorganised<br />

or liquidated. In case of restructuring, the<br />

conditions of loans with a current credit exposure of<br />

€ 52 million were amended without recognising a<br />

write-down. There were no rescue acquisitions in the<br />

financial year.<br />

CuRRENt CREdit ExPOsuRE FOR CREdit Risk<br />

as at 31 December 2008<br />

in € million<br />

Age<br />

< 1 year<br />

Age<br />

1 – 5 years<br />

Age<br />

5 – 10 years<br />

Below, portfolios with credit risks are broken down<br />

into good loans, sub-performing and non-performing<br />

loans and by the age of the receivable. In addition,<br />

the exposure of borrowers that are in arrears but<br />

that have not been written down are also reported.<br />

At the same time, the amount of performance in<br />

arrears for these sub-portfolios is also stated. The<br />

current credit exposure and in particular the performance<br />

in arrears of non-performing loans have been<br />

largely shielded by specific allowances for impairment<br />

losses and provisions, and also as a result of<br />

the weighting of collateral.<br />

Age<br />

> 10 years<br />

Total Collateral 1) Valuation<br />

allowances 2)<br />

Good Loans 8,496.9 13,510.5 5,573.8 10,149.1 37,730.3 29,023.3<br />

of which in arrears 100.3 197.5 75.7 448.6 822.1<br />

of which performance in arrears 1.2 12.4 2.2 149.1 164.8<br />

Sub-performing 102.8 328.5 54.5 501.3 987.1 658.3<br />

of which in arrears 7.1 62.8 12.1 207.5 289.6<br />

of which performance in arrears 0.5 0.3 1.4 93.0 95.1<br />

Non-performing 79.9 807.6 478.9 1,394.1 2,760.6 1,587.6 1,117.2<br />

of which in arrears 25.7 84.2 21.5 155.5 287.0<br />

of which performance in arrears 0.1 0.3 6.5 28.8 35.7<br />

Group LBBH 8,679.6 14,646.7 6,107.2 12,044.6 41,478.0<br />

of which in arrears 133.2 344.6 109.3 811.6 1,398.7<br />

of which performance in arrears 1.8 12.9 10.1 270.9 295.6<br />

1) In line with regulations on recognised collateral and other economically eligible shielding<br />

2) For good loans and sub-performing loans: portfolio and country valuation allowances;<br />

for non-performing loans: specific allowances for impairment losses, specific impairment allowances calculated on a portfolio basis and provisions<br />

86<br />

Risk report<br />

152.5


On account of the largely low-risk structure of<br />

issuer, counterparty and borrower risks, there are<br />

practically no sub-performing or non-performing<br />

loans in these areas.<br />

CuRRENt CREdit ExPOsuRE OF issuER, COuNtERPARty, BORROwER Risks<br />

in € million<br />

The share of non-performing loans in the Group’s<br />

total exposure declined further in 2008. As of<br />

31 December 2008, it amounted to 2.4 % of the<br />

current credit exposure (previous year: 3.6 %).<br />

The following graphic shows the decline in non-<br />

performing loans in recent quarters.<br />

Age<br />

0 – 3 month<br />

Age<br />

3 month<br />

to 1 year<br />

Age<br />

1 – 5 years<br />

Age<br />

> 5 years<br />

Total in %<br />

Sub-performing 0.0 0.0 14.9 1.2 16.0 0.02<br />

Non-performing 0.0 26.1 120.3 58.4 204.7 0.25<br />

Total 0.0 26.1 135.2 59.5 220.8 0.26<br />

in € million<br />

5,000<br />

4,000<br />

3,000<br />

2,000<br />

1,000<br />

0<br />

31.12.2007 31.03.2008 30.06.2008 30.09.2008 31.12.2008<br />

Group management report<br />

Risk report<br />

Current credit<br />

exposure of<br />

non-performing<br />

loans<br />

87


88<br />

Risk report<br />

Credit risk provisioning<br />

The authority of the credit risk divisions includes<br />

recognising specific allowances for impairment<br />

losses. Above defined amounts, individual members<br />

of the Board of Management or the Board of Management<br />

as a whole decides on the amount of the<br />

specific allowance for impairment losses.<br />

Provisioning for credit risk made during the year<br />

and the expected future developments are reported<br />

monthly to the Board of Management. The level of<br />

the proposed specific valuation allowance is based<br />

on strictly defined criteria that depend on the type<br />

of collateral provided and the status of the loan<br />

commitment (restructuring or settlement), among<br />

other things.<br />

In the context of a portfolio assessment, we also<br />

calculate the credit risk provisioning requirement for<br />

loan commitments for which no specific valuation<br />

allowance is carried out. The results of the credit risk<br />

measurement procedure described above (rating,<br />

probability of default, loss ratio) are included in this<br />

calculation.<br />

Participation risks<br />

The participation risks are integrated into the internal<br />

risk tolerance calculations. Risk capital for investments<br />

is calculated not only on the basis of book<br />

values, but also with a view to the probability of<br />

default, contingencies and any liquidation periods,<br />

as well as expert estimates. This ensures that risks<br />

relating to the issuance of equity are reflected to<br />

the greatest possible extent. Results are backtested<br />

annually to confirm the adequacy of risk determination.<br />

Scenario analyses, e.g. “default of the company<br />

with the highest exposure”, are integrated into<br />

reporting.<br />

The Group participations are generally allocated to<br />

the individual divisions. The only exception to this<br />

is a certain number of companies which primarily<br />

perform central services, and which are therefore<br />

managed centrally. The management in charge of<br />

the respective division is responsible for setting the<br />

operational and strategic objectives for its participations,<br />

from which the corresponding operational<br />

planning and management is then derived. The<br />

participations form part of the risk strategy of the<br />

division to which they are allocated.<br />

The Board of Management of LBB is informed about<br />

the risk situation on a monthly basis.<br />

Under the premises of risk diversification and the<br />

strategic risk approach of focusing on strategically<br />

advantageous investments, the following sub-portfolios<br />

were formed:<br />

product suppliers promoting core business,<br />

sales channels promoting core business,<br />

investments in service providers,<br />

investments within the Group,<br />

bundling the real estate holdings of LBB,<br />

financial investments.<br />

In addition, there are investments intended for<br />

divestment, including in particular companies that<br />

are no longer operational, companies in silent<br />

liquidation and restructuring activities.<br />

Changes in the economic environment of the participations<br />

are identified and analysed regularly by way<br />

of benchmarking using external sector ratings. The<br />

Group’s participation risk declined by € 11 million or<br />

32 % as against the previous year.


Liquidity risks<br />

The liquidity risk is the risk that at any time, the<br />

Group may not be in a position to meet its payment<br />

obligations on time and in full (solvency).<br />

Effects of the financial crisis<br />

As a result of the financial market crisis, the situation<br />

on the refinancing markets worsened further in 2008.<br />

Extensive government aid for avoiding insolvency<br />

influenced general market activity. Even in these<br />

extreme circumstances, the methods and procedures<br />

of LBB have demonstrated their success, with the<br />

LBB liquidity position showing itself to be in order.<br />

Reduced investments in strategic assets ensure the<br />

availability of liquidity for operations and the maintenance<br />

of sufficient reserves. If the difficulties on<br />

refinancing markets persist, even restrictions in the<br />

planned new business with institutional customers<br />

cannot be ruled out in order to ensure that LBB has<br />

sufficient liquidity reserves available, also on the<br />

basis of a one-year time horizon. At the present<br />

time, we do not foresee restrictions to the core business<br />

with retail customers for reasons of liquidity.<br />

Principles and liquidity ratios<br />

Internal liquidity risk controlling is divided into<br />

procurement and maturity risk.<br />

The procurement risk is the risk that it may no longer<br />

be possible to meet short-term mature payment<br />

obligations in the next 30 days with barred access to<br />

the unsecured money market in the case of a crisis.<br />

The maturity risk involves the risk that it may only be<br />

possible for mature, originally medium and long-term<br />

refinancing funds for which there are no assets<br />

falling due to be extended for a short period, due to<br />

credit rating problems or for market-related reasons.<br />

In the Group, the liquidity risk is monitored in<br />

accordance with Article 11 of the German Banking<br />

Act (KWG) and the internal liquidity risk measurement<br />

procedure. Article 11 of the German Banking<br />

Act states that banks must invest their funds in<br />

such a way that sufficient liquidity can be guaranteed<br />

at all times. Liquidity is considered sufficient if<br />

the liquidity ratio is at least 1.0.<br />

The liquidity ratios in the Group as of 31 December<br />

2008 in line with the German Liquidity Ordinance<br />

were:<br />

Sub-bank 2008 2007<br />

<strong>Landesbank</strong> <strong>Berlin</strong> 1.64 1.61<br />

<strong>Berlin</strong> Hyp 1.37 1.19<br />

The regulatory liquidity ratios are being achieved<br />

comfortably. The lowest ratio for 2008 at LBB was<br />

1.45, while at <strong>Berlin</strong> Hyp it was 1.15.<br />

Group management report<br />

Risk report<br />

89


90<br />

Risk report<br />

Measuring and limiting liquidity risks<br />

In addition, liquidity risk controlling that ranges far<br />

beyond the Liquidity Ordinance has been introduced<br />

for the Group. It forms the Bank’s internal framework<br />

for measuring and limiting liquidity risks and is<br />

adapted to the Group’s requirements.<br />

The capital maturity statement, which reflects the<br />

Bank’s cash flow profile, will now form the basis for<br />

all liquidity risk assessments by Risk Management.<br />

The capital maturity statement shows the complete<br />

range of maturities for all financial instruments<br />

reported in the Group. Factored into the capital<br />

maturity statement are the assumptions on the prolongation<br />

of assets falling due and the elimination<br />

of intragroup payments in order to ensure that the<br />

actual liquidity effect of each cash flow is presented<br />

correctly.<br />

On the basis of the above, the Bank calculates the<br />

daily refinancing balances required to be covered for<br />

short-term assets with a term of up to 30 days. These<br />

are monitored by Risk Management to ensure that<br />

the Group’s liquidity is secure at all times, even where<br />

restrictive assumptions are applied. The assumptions<br />

reflect, to a varying extent, outflows of short-term<br />

deposits, draw-downs on approved credit lines and<br />

discounts on the sale of securities port folios for<br />

the purposes of generating liquidity. Some of the<br />

assumptions made here are based on significantly<br />

higher liquidity charges than are assumed in the<br />

Liquidity Ordinance, and are therefore much more<br />

conservative for the assessment of the liquidity<br />

situation. In addition, in all of these scenarios, it is<br />

assumed that access to unsecured refinancing<br />

sources will no longer be possible and that refinancing<br />

for each day in the assessed period can only<br />

be secured using avail able securities portfolios. The<br />

potential realisability of each security in terms of its<br />

realisation period and the associated costs is taken<br />

into account.<br />

For assets with terms of between 31 and 360 days,<br />

the limitation of refinancing balances for these terms<br />

follows the same risk assessment. In this respect,<br />

the cash flows are divided into different term bands,<br />

some of which overlap. This limits the need for<br />

short-term refinancing in the case of a crisis affecting<br />

the Bank’s access to medium and longer-term<br />

unsecured money market refinancing. The upper<br />

limits are based on the securities liquidity reserve<br />

that is available for the entire period. In addition to<br />

this restriction due to the unused liquidity reserve,<br />

the balances are also nominally limited.<br />

A representation of the liquidity risk situation, the<br />

current risk utilisations and the short-term financing<br />

requirement is prepared on a daily basis and made<br />

available to the Board of Management every two<br />

weeks during the meetings of the Asset Liability<br />

Committee and monthly in the context of top management<br />

reporting. In addition, as of autumn 2008<br />

the Board of Management is informed every week as<br />

part of the separate presentations on the liquidity<br />

position to the banking supervisory authority (BaFin).<br />

Internal reporting covers the monitoring of prior<br />

warning levels. When these are reached, defined<br />

escalation measures are initiated. In 2008, utilisation<br />

of the limits for both the procurement and the maturity<br />

risk was not a problem either at the yearend or<br />

during the course of the year.<br />

In the context of the general crisis on the financial<br />

markets, extended disclosure requirements were<br />

issued by the German banking supervisory authority.<br />

In this connection, LBB provides Bundesbank and<br />

BaFin with detailed analyses on a weekly and a daily<br />

basis.


Managing liquidity risks<br />

Group-wide liquidity management is handled by<br />

Treasury and Trading. The same system and methods<br />

are used as for internal determination of liquidity<br />

risks by Risk Management. The aim of liquidity<br />

management is to ensure that sufficient liquidity is<br />

secured at all times in line with the methodology<br />

described, even during short-term bottlenecks and<br />

long-term general or bank-specific liquidity crises.<br />

Concentrations of risk<br />

The Group’s liquidity risk policy is based on maintaining<br />

sufficient levels of assets that can be easily<br />

liquidated to cover actual expenses and those<br />

calculated in stress tests.<br />

The location of the Group’s companies means that<br />

regional concentrations arise in particular with<br />

regard to the highly diversified customer deposits,<br />

which are highly concentrated in the <strong>Berlin</strong>-Brandenburg<br />

region. At around 80 %, interbank financing<br />

is also largely focused on Germany. Due to the<br />

collapse in the interbank money market caused by<br />

the crisis in the reporting year, Deutsche Bundesbank<br />

is currently the most important refinancing<br />

partner. The distribution is similar for subordinated<br />

debt, with the share of placements attributable to<br />

regions outside Germany is estimated at 30 %.<br />

Because the crisis on the financial markets meant<br />

that unsecured bond markets could not be used<br />

economically, LBB’s new issues in 2008 were limited<br />

almost entirely to mortgage bonds. Whereas smallscale<br />

tranches were predominantly sold in Germany,<br />

the share of LBB’s single jumbo transaction in 2008<br />

attributable to regions outside Germany was 47 %.<br />

Due to the Hypo Real Estate Group’s existential crisis,<br />

the mortgage bonds segment was also fully involved<br />

in the market jitters in September 2008. As a result,<br />

investor demand for mortgage bonds saw a sharp<br />

decline. High-volume transactions were not possible<br />

in 2008. The mortgage bonds spreads widened<br />

significantly and there is not yet a foreseeable end<br />

to this trend.<br />

BALANCE shEEt iNFORMAtiON<br />

(shAREhOLdERs’ Equity ANd LiABiLitiEs):<br />

in % 2008 2007<br />

Deposits by banks 31.6 35.7<br />

Amounts due to customers 22.5 20.8<br />

Securitised debt 20.5 21.5<br />

Financial liabilities recognised at<br />

fair value through profit or loss 18.6 15.4<br />

Other liabilities 6.7 6.6<br />

Total assets (Group) 100.0 100.0<br />

Breakdown by residual term<br />

The following table shows the Group’s financial<br />

liabilities as at 31 December 2008, broken down by<br />

their contractually agreed remaining maturity. The<br />

data is based on the capital maturity statement by<br />

internal liquidity risk controlling. It is shows only a<br />

cash flow view, which – as permitted under IFRS 7 –<br />

differs from the details in the balance sheet. «Factors<br />

such as future interest payments are also taken into<br />

account here. The cash flows are included with their<br />

respective earliest possible payment dates.<br />

in € million 2008 2007<br />

< = 1 month 41,021 43,907<br />

> 1 month to 1 year 80,727 75,750<br />

Group’s obligations 160,757 156,007<br />

Group management report<br />

Risk report<br />

91


Share and fund price risks<br />

The Group is exposed to market price risks in the<br />

form of interest rate, currency, share price and other<br />

price risks (particularly credit spread risks) in the<br />

various divisions of Capital Markets (trading portfolio)<br />

and in interest management (banking book).<br />

Trading portfolio and banking book activities<br />

Trading portfolio activities form an integral part of<br />

the written individual strategies of the respective<br />

Capital Markets divisions. For the trading portfolio<br />

and banking book activities alike, the strategic<br />

MARkEt PRiCE Risk LiMits ANd utiLisAtiON iN thE GROuP iN 2008<br />

framework is transformed into firm market price risk<br />

limits (value-at-risk (VaR) limits; 10-day value-at-risk<br />

at a 99 % confidence level) and approved by the<br />

LBB Board of Management on the basis of the risk<br />

tolerance concept and annual planning.<br />

Market price risk limits and utilisation in<br />

the Group in 2008<br />

The table below compares average, maximum and<br />

minimum values with the limits. Details and management<br />

of market price risks are described in the<br />

following sections.<br />

in € million Group capital-at-risk 2008<br />

Average Minimum Maximum Limit as at<br />

Unit 2008 2007 2008 2007 2008 2007 31.12.2008 31.12.2007<br />

Trading 20 24 10 14 37 43 15 81<br />

Client Business 13 6 5 3 24 27 25 25<br />

Treasury 121 47 49 12 195 110 160 160<br />

International Business 1 3 1 2 5 4 5 5<br />

Capital Markets 137 67 56 30 221 128 175 175<br />

<strong>Landesbank</strong> banking book 39 22 17 8 98 42 150 150<br />

<strong>Berlin</strong> Hyp banking book 67 6 8 1 127 21 130 90<br />

Other banking books 3 2 2 1 5 3 12 12<br />

Banking book 98 25 23 9 210 56 290 252<br />

Group 199 78 85 35 370 145 420 427<br />

Price risk 27 24 14 13 58 41<br />

Currency risk 12 5 4 1 28 12<br />

Interest rate risk 78 41 32 17 153 79<br />

Credit spread risk 170 42 74 11 401 98<br />

Group 199 78 85 35 370 145<br />

Due to diversification effects, the Group amounts are not calculated as the total of the individual activities.<br />

92<br />

Risk report


Risk concentration<br />

The Group’s daily MaRisk reports extensively on<br />

detailed and specific risks. In addition, there are a<br />

large number of prescribed detail stress tests, a<br />

variable stress test counter to the respective current<br />

positioning and scenario-based risk calculations<br />

with changing correlations. These presentations<br />

serve to identify and therefore help avoid concentration<br />

risks.<br />

Interest rate risk<br />

Uncertainty regarding future changes in market<br />

interest rates and the resulting losses are a major<br />

risk factor for the Bank. This risk is determined in<br />

the Group as part of VaR calculations. It is limited<br />

and regularly monitored. Interest rate risk is managed<br />

holistically, taking into account all cash flows.<br />

As at the end of 2008, the Group’s position in terms<br />

of interest rate fluctuations was largely neutral.<br />

Exposure in the Group remained constant as against<br />

the previous year.<br />

In addition, various different scenario calculations<br />

have been drawn up in order to determine – among<br />

other aspects – the effect that would be produced<br />

by a change in overall interest rates of +100, +130<br />

or –190 basis points. Whether interest rates increase<br />

or decrease, trading swaption positions beyond the<br />

end of the year lead to negative values at LBB and<br />

in the Group.<br />

+ 100 BP + 130 BP – 190 BP<br />

2008 2007 2008 2007 2008 2007<br />

Group – 94 – 177 – 133 – 232 – 85 315<br />

LBB – 4 – 153 – 17 – 200 – 149 272<br />

<strong>Berlin</strong> Hyp – 79 – 22 – 103 – 28 38 38<br />

Others – 10 – 3 – 13 – 4 25 5<br />

Currency risk<br />

The Group does not have any significant currency<br />

exposure. The price risk shown is primarily due to<br />

a present value mismatch between assets and their<br />

refinancing due to the price deductions for many<br />

positions observed in 2008 after credit spreads<br />

widened. It also results from residual amounts from<br />

customer transactions, foreign currency liquidity<br />

support and individual trading items with foreign<br />

currency assets. There is no significant risk for any<br />

currency.<br />

Share and fund price risks<br />

Share price risks primarily result from trading<br />

strategies and surpluses in issuing business from<br />

structured share products. Losses mainly occur<br />

when share prices fall.<br />

Over the course of 2008, the Group held a broadly<br />

diversified funds portfolio mainly in its banking book.<br />

Funds are treated as shares in risk measurement<br />

methods. There are also specified stress tests for<br />

different categories of funds.<br />

Group management report<br />

Risk report<br />

93


94<br />

Risk report<br />

GROuP MARkEt PRiCE Risk<br />

in € million Banking book Capital Markets<br />

240 240<br />

220 220<br />

200 200<br />

180 180<br />

160 160<br />

140 140<br />

120 120<br />

100 100<br />

80 80<br />

60 60<br />

40 40<br />

20 20<br />

0<br />

January 2008<br />

February 2008<br />

March 2008<br />

Group market price risk<br />

As the financial crisis intensified, the market price<br />

risk in the Capital Markets business also increased<br />

considerably as of September 2008, exceeding the<br />

market risk limit at the end of the year. This was<br />

driven particularly by investment portfolios held for<br />

long-term liquidity support in the Treasury. Due to<br />

the excessive market volatility, judged to be shortterm,<br />

as well as the significance of the portfolios for<br />

liquidity support and the limited opportunities for<br />

disposal as a result of the lack of market liquidity,<br />

the Bank elected to tolerate this exceeded limit for<br />

a limited period and with intensive monitoring and<br />

reporting. Utilisation for Capital Markets business<br />

(limit € 175 million) and the banking book (limit € 290<br />

million) throughout 2008 is shown above.<br />

April 2008<br />

May 2008<br />

June 2008<br />

July 2008<br />

August 2008<br />

September 2008<br />

October 2008<br />

Management of market price risks<br />

Risk management for trading portfolio activities is<br />

carried out by the front office divisions on the basis<br />

of market price risk limits / utilisation, stress tests<br />

and the profit and loss (P&L) analyses for each division<br />

and desk or trader. It is supplemented by daily<br />

and annual loss limits and other front office procedures<br />

that are tailored to the respective type of<br />

transaction and that vary depending on the division<br />

involved (e.g. scenario matrix limits, shift sensitivity<br />

limits, basis point value limits, duration limits or vega<br />

limits). The results of the daily risk and P& L analyses<br />

are reported to risk controlling and to the member<br />

of the Board of Management of LBB responsible for<br />

Capital Markets.<br />

November 2008<br />

December 2008


Risk and income monitoring for the banking book is<br />

also performed daily on the basis of the procedures<br />

used for managing trading transactions. Economic<br />

income effects (changes in net asset value) are analysed,<br />

thus enabling control based on net present<br />

value and maturity criteria. In addition, analyses are<br />

carried out with regard to current income, especially<br />

net interest income; these also form the basis for<br />

the management of the profit and loss account. At<br />

least every 14 days, the Asset Liability Committee of<br />

the Board of Management discusses and decides<br />

on business policy re-evaluation and, where appropriate,<br />

the reorientation of the interest rate and price<br />

risk incurred.<br />

Monitoring market price risks<br />

In December 2004, the internal procedures for market<br />

price risk monitoring (full-use model including specific<br />

price risks and currency risks) received regulatory<br />

approval. Since then the Group’s trading portfolio<br />

activities have been reported on the basis of this<br />

internal model. The Group’s equity tie-up has been<br />

significantly reduced as a result.<br />

The monitoring of market price risk incorporates a<br />

system of limits to restrict risk and loss and a set of<br />

related procedural rules. The Product Committee<br />

meets regularly and is required to assess the risks<br />

and organisational effects from new forms of business,<br />

and to monitor the necessary steps up until<br />

their launch. Final authorisation of any new product<br />

is issued by the respective Board of Management<br />

on the basis of a joint proposal by the General<br />

Product Committee. Comparable procedures apply<br />

for the initiation of activities in new markets.<br />

Risk assessment methods for market price risks<br />

In terms of methodology, the procedures applied for<br />

risk assessment (VaR exposure) are based on an<br />

analytical delta-gamma approach including volatility<br />

risks on the basis of a 10-day holding period and<br />

99 % confidence level. The spread risks inherent to<br />

the interest-bearing operations are measured explicitly,<br />

taking into account government, mortgage bond<br />

and swap curves. For interest rate-related products,<br />

individual price risks are calculated by way of implicit<br />

default intensities. Share price-related products are<br />

split into an equity index-related portion and an<br />

individual portion (single index model). This procedure<br />

means that the Group is also able to anticipate<br />

unexpected price movements of individual securities<br />

in the risk model that fall outside market trends.<br />

Integrative reporting of option risks is carried out in<br />

the form of gamma and vega risks.<br />

Correlations of the approximately 2,000 risk factors<br />

are taken into account in full for each division and for<br />

the report on the Bank as a whole. In addition to the<br />

provisions mentioned, the risk content of the positions<br />

is examined on a daily basis in a large number<br />

of different (historical, fixed and exposure related)<br />

scenarios by means of stress tests and reported to<br />

the Board of Management.<br />

The forecasting quality of the models is determined<br />

by means of clean backtesting (i.e. ex post testing of<br />

intraday changes in value of a constantly held portfolio.<br />

Since 2002, backtesting checks in all divisions<br />

have produced results that confirm the high level of<br />

forecasting quality. The validity of model assumptions<br />

is regularly analysed using other mathematical<br />

methods.<br />

The risk and income calculations for trading transactions<br />

are updated every 15 minutes. This means<br />

that the Group’s market risk system clearly exceeds<br />

the requirements of the MaRisk, as well as enabling<br />

the effective monitoring of trading activities during<br />

the course of the day.<br />

Group management report<br />

Risikobericht<br />

95


96<br />

Risk report<br />

Reporting market price risks<br />

The Group has established a comprehensive and<br />

detailed risk reporting system for market price risks:<br />

Intraday monitoring of the risks and income of<br />

the trading divisions (every 15 minutes),<br />

Submission of a daily report in accordance with<br />

the MaRisk to the responsible members of the<br />

Board of Management,<br />

Fortnightly asset / liability report for discussion<br />

by the Asset Liability Committee,<br />

Monthly reporting in accordance with MaRisk<br />

to the Group Board of Management with an<br />

explanation of the changes that have occurred<br />

during the month.<br />

The risk control procedures used in the Group have<br />

proved their worth in all market situations during<br />

the year under review. This is particularly true for the<br />

unusual market developments resulting from the<br />

crisis on the financial markets. Risks are identified<br />

in a timely manner, reported, and controlled by the<br />

respective decision-makers.<br />

Real estate risks<br />

Real estate risk denotes the risk of losses (including<br />

changes in value) from the portfolio of real estate<br />

directly or indirectly attributable to the Group.<br />

The risks are monitored on a regular basis and<br />

measured using the value at risk procedure. The<br />

properties’ exposure – current carrying amounts,<br />

impairment or survey values – is allocated to individual<br />

location and use-related property indices,<br />

whose volatility is calculated on the basis of price<br />

trends over the past 15 years. Account is also taken<br />

of correlations between the property indices when<br />

aggregating the risks.<br />

In the reporting year, scenario analyses, e.g. changes<br />

in volatilities, were developed and integrated into<br />

reporting.<br />

Real estate risks are managed on the basis of the<br />

independent “real estate risk” category, for which<br />

limits have been determined for both the Group and<br />

the strategic business areas. Utilisation of these<br />

limits is monitored in rotation. The figures are<br />

reported every quarter. The risk declined by around<br />

€ 46 million or 39 % in 2008, due to adjustments to<br />

the parameters and the disposal of several items.<br />

Operational risks<br />

Operational risk in line with Article 269 (1) SolvV is<br />

defined as the risk of losses arising from the inadequacy<br />

or failure of internal methods and systems,<br />

people or as a result of external events. This definition<br />

includes legal risks, but excludes strategic risks and<br />

reputation risks. Legal risks are the risks of violations<br />

of current and changing legal conditions, particularly<br />

legal provisions arising from contracts, law or court<br />

rulings. This includes the risk of violations of legal<br />

conditions due to ignorance, insufficient diligence in<br />

legal application (negligent interpretation), negligent<br />

action or late implementation.


Organisational structure<br />

The controlling of operational risks is the responsibility<br />

of the Risk and Controlling division. This independent<br />

unit is responsible for the development of<br />

a framework of operational risks, which includes<br />

strategy, principles and procedures for identifying,<br />

measuring, monitoring, analysing and reporting and<br />

developing methods for controlling operational risks.<br />

The Risk and Controlling division also ensures the<br />

implementation and application of this framework. In<br />

addition, the unit handles the monitoring and application<br />

of existing and new regulatory requirements as<br />

regards operational risks. Changes in the framework<br />

are submitted to the Risk Board for coordination.<br />

In line with the Group’s strategy for operational<br />

risks, the implementation of the framework<br />

described above and day-to-day management of<br />

operational risks are the responsibility of the divisions<br />

as part of their responsibility for earnings.<br />

The OpRisk Committee is a body for all issues relating<br />

to the controlling and management of operational<br />

risks. It supports the Board of Management in the<br />

performance of its monitoring function for operational<br />

risks. The Committee consists of representatives of<br />

the business and central divisions and the Group<br />

companies. Among other things, the body serves the<br />

purpose of an exchange of information on new controlling<br />

instruments and current risk developments<br />

and the clarification of operational risk issues (e.g. new<br />

regulatory requirements). It also serves to promote<br />

risk culture in the Bank. The responsible member of<br />

the Board (Risk Board) is informed of the resolutions<br />

passed by the OpRisk Committee.<br />

Risk management and monitoring<br />

Operational risk is included in the risk tolerance<br />

concept for the Group’s overall risk management.<br />

Operational risk is managed on the basis of the<br />

Group-wide framework. The operational risk profile<br />

is determined by comparison with the Group’s risk<br />

propensity. Measures and priorities for risk mitigation<br />

are also defined. The current operational risk<br />

situation is reported to the Board of Management<br />

as a whole on a monthly basis. Special, detailed<br />

reports on operational risks are prepared for the<br />

individual strategic business areas each year and<br />

presented to the responsible member of the Board<br />

of Management and the local OpRisk officer.<br />

Various instruments are used to manage operational<br />

risk efficiently. These include:<br />

self-assessment (qualitative OpRisk inventory),<br />

which uses a bottom-up approach,<br />

scenario analysis, which is used to determine the<br />

loss potential of critical scenarios for the Bank,<br />

loss event accumulation (internal / external),<br />

early warning system (tracking and monitoring<br />

risk indicators),<br />

controlling of measures: identified measures from<br />

loss events, risk indicators and self-assessment<br />

are tracked and monitored,<br />

a risk transfer through insurance protection; the<br />

use of a special OpRisk policy is currently under<br />

examination.<br />

The Group has developed its own software tools to<br />

prepare / manage and report on the above data.<br />

Group management report<br />

Risk report<br />

97


98<br />

Risk report<br />

Measurement of operational risks – adequacy<br />

of capital resources<br />

The Group currently uses the standard approach<br />

in line with Article 272 SolvV for regulatory equity<br />

requirements. In line with the provisions of the<br />

standard approach, regulatory capital of € 167 mil -<br />

lion was determined in 2008.<br />

The Group has further refined its model for calculating<br />

internal (economic) capital. The components<br />

of the model are:<br />

loss distribution approach (past loss distribution),<br />

features of risk indicators (measurement using<br />

traffic light status),<br />

loss analysis, particularly for large-scale losses<br />

(internal / external),<br />

scenario analysis (determination of future loss for<br />

critical scenarios).<br />

In particular, to better estimate the risk of largescale<br />

losses, the scenario analysis was improved by<br />

including large-scale losses from a public losses<br />

database. The Loss Distribution Approach (LDA) is<br />

a statistical model for determining the amounts of<br />

losses. It is based on analyses of historical loss<br />

events based on loss analyses and is integrated into<br />

the process of determining operational risk (determining<br />

economic capital). Past and forward-looking<br />

risk indicators are regularly examined to identify<br />

negative developments in risks in a timely manner.<br />

The result of the interplay of the model components<br />

is a specific risk assessment for each strategic business<br />

area examined. By aggregating all business<br />

areas and Group companies included, this produces<br />

the Group’s operational risk (economic capital<br />

requirement).<br />

As of 31 December 2008, the risk calculation based<br />

on the internal model produced a value of € 90 million,<br />

which is included in the Group’s risk tolerance<br />

calculation.<br />

Personnel risks<br />

The Group monitors and controls personnel risks in<br />

line with the four MaRisk risk factors with the aim of<br />

identifying negative trends and introducing suitable<br />

measures to prevent or minimise them:<br />

Fluctuation risk: Appropriate representation<br />

regulations in the divisions ensure that the<br />

departure of employees does not lead to longterm<br />

disruptions in operating processes.<br />

Availability risk: Qualitative and quantitative<br />

personnel resources are managed on the basis<br />

of the individual goals and requirements of<br />

d ivisions, including in particular business activities,<br />

risk strategy and the risk situation.<br />

Qualification risk: The Bank implements targeted<br />

training measures to ensure that the level of<br />

employee qualifications is consistent with current<br />

developments at all times.<br />

Motivation risk: Disincentives and conflicts<br />

of interests are countered by the use of special<br />

remuneration and incentive programmes.


IT and system risks<br />

Extraordinary IT and system risks can result from<br />

insufficient security and quality and errors or disruptions<br />

in key IT systems and processes.<br />

At present, no high-probability IT or system risks<br />

threatening the future of the Bank as a going concern<br />

are expected. The future systematic ongoing development<br />

and improvement of the IT infrastructure and<br />

methods is ensured by proper IT operations. Restructuring<br />

goals were met and legal requirements were<br />

satisfied.<br />

IT risk management is defined centrally and holistically<br />

and includes constant risk awareness training<br />

for employees and regular risk analysis in the context<br />

of established procedures. Defined risk indicators<br />

are examined periodically to aid risk identification.<br />

This enables LBB to identify operative IT risks and<br />

implement risk-reducing measures.<br />

The quality of information security is constantly updated<br />

and refined in line with ISO standard 27002.<br />

For this purpose, the Group has implemented a<br />

comprehensive set of regulations on information<br />

security and the necessary organisational structures<br />

and methods. The integrity, availability and confidentiality<br />

of information and information goods are<br />

ensured by the application of typical quality standards<br />

for the industry in designing IT systems and<br />

processes, and by the use of best practices. The<br />

ability to maintain business capacity during crises<br />

and emergencies is regularly and successfully<br />

evidenced by corresponding certification and emer-<br />

gency drills.<br />

In 2008, the IT project portfolio focused on the<br />

implementation and ongoing development of<br />

projects to:<br />

meet changing legal requirements,<br />

optimise data and quality management,<br />

reduce structural complexity,<br />

modernise, consolidate and integrate the<br />

IT infrastructure and IT processes,<br />

prepare for the changeover to the OSPlus<br />

standard for financial information technology<br />

in the coming years.<br />

The management of operational risks and emergency<br />

provision are essential elements of project requirements.<br />

This ensures that projects continue to make<br />

a regular contribution to the reduction of operational<br />

risks in future.<br />

Security and emergency plans<br />

The Group has established a crisis team for the<br />

management of catastrophe situations to perform<br />

decision-making and management functions in the<br />

event of crisis. Regular drills are performed in this<br />

context.<br />

Against the background of securing bank operations<br />

on an ongoing basis and reducing losses in the event<br />

of severe disruptions of operations to a minimum,<br />

the Group also has a detailed information security<br />

policy and an extensive written emergency plan for<br />

its critical and highly critical business processes.<br />

Group management report<br />

Risk report<br />

99


100<br />

Risk report<br />

The Group has appointed a Chief Security Officer<br />

(CSO) for the coordination and monitoring of information<br />

security and the topicality of its emergency<br />

plans including the necessary emergency drills.<br />

The OpRisk unit in the Risk and Controlling division<br />

works closely with core competence divisions (e.g.<br />

CSO, working group for information security and<br />

emergency planning for IT and non-IT) in regular<br />

work meetings and committees.<br />

Outsourcing<br />

Due to the adaptation and integration of existing<br />

outsourcing guidelines into MaRisk, the Group<br />

reviewed internal regulations as scheduled in 2008<br />

and introduced a more extensive risk analysis to<br />

determine any significant outsourcing.<br />

Detailed, binding internal and contractual regulations<br />

and process flows are used to ensure that data protection<br />

is maintained when the Group contracts<br />

external service providers for order data processing<br />

purposes.<br />

The relevant contractors are selected carefully by<br />

the Group. The Bank regularly ensures that the<br />

technical and organisational data protection measures<br />

taken by the contractor are adhered to.<br />

In December 2008, there were illegal acts by employees<br />

of a logistics company relating to a misdirection<br />

of LBB credit card data. The data concerned was<br />

safeguarded immediately. The risk of misuse of<br />

the data was minor from the point of view of the<br />

Group and was further minimised through additional<br />

measures.<br />

In order to justify our customers’ confidence in the<br />

protection of data they entrust to us in the future as<br />

well, external experts were involved in reviewing<br />

the business processes concerned and implementing<br />

measures to improve data protection further.<br />

Legal risks<br />

Legal risks are countered by observing the legal<br />

environment, specifying guidelines and utilising<br />

standard contracts. Sufficient provisions are recognised<br />

for legal risks.<br />

Indemnity declarations by LBB and IBG<br />

As stated in previous annual reports, LBB and<br />

Immobilien und Baumanagement der BIH-Gruppe<br />

GmbH (IBG), previously Immobilien und Baumanagement<br />

der Bankgesellschaft <strong>Berlin</strong> GmbH, issued<br />

so-called declarations of exemption to natural<br />

persons between 1994 and 1997. Under the terms<br />

of the declarations, these persons were exempted<br />

by LBB and IBG from their full liability to third<br />

parties as partners in various real estate funds.


The Federal Financial Supervisory Authority (BaFin)<br />

stated that it considered the declarations of exemption<br />

to be invalid under civil law. LBB and IBG are<br />

of the same opinion. Accordingly, the declarations of<br />

exemption do not have any relevance under commercial<br />

or regulatory law.<br />

Disposal of the shares in Allgemeine<br />

Privatkundenbank Aktiengesellschaft (Allbank)<br />

Bankgesellschaft <strong>Berlin</strong> AG sold its shares in Allbank<br />

to GE Bank GmbH in 2003. Its legal successor, GE<br />

Money Bank GmbH, enforces guarantee claims arising<br />

from the share purchase agreement due to imminent<br />

limitation as part of an affirmative action for a right,<br />

for which adequate provisions have been created.<br />

Risks from the implementation of the detailed<br />

agreement and the disposal of the key Group real<br />

estate companies to the State of <strong>Berlin</strong><br />

The <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG is largely shielded<br />

by the “Detailed agreement on the shielding of the<br />

Bankgesellschaft Group from material risks of Real<br />

Estate Services” (DetA) by the State of <strong>Berlin</strong> dated<br />

16 April 2002. Among other things, the shielding<br />

relates to certain letters of comfort and the loans<br />

issued by Group banks to certain Real Estate Services<br />

companies. For assuming the various guarantees,<br />

the <strong>Holding</strong> is to pay guarantee commission of<br />

€ 15 million p.a. until at least 2011 inclusively. In<br />

addition, a debtor warrant was agreed that carries<br />

with it certain conditions, the costs of which are<br />

to be borne by the <strong>Holding</strong> alone as the principal<br />

beneficiary of the detailed agreement.<br />

Any settlement risks are countered by procedures<br />

agreed jointly with <strong>Berlin</strong>er Gesellschaft, which was<br />

established by the State of <strong>Berlin</strong> for controlling<br />

Immobilien Altrisiken mbH (BCIA), and through<br />

appropriate risk management systems. Prior to the<br />

sale of the real estate services area to the State of<br />

<strong>Berlin</strong> as concluded in 2007, legal positions and<br />

assets not intended for sale were assumed by companies<br />

remaining in the Group. This led to various<br />

creditors asserting claims to collateral security<br />

against Group companies. However, these do not<br />

result in any additional risks. Should the Group have<br />

to provide collateral in this connection, it would only<br />

be a case of providing collateral for existing obligations.<br />

Proceedings instigated by a fund company<br />

As reported in previous years, the fund company<br />

“LBB Fonds 13” filed for damages amounting to<br />

€ 29.25 million against the <strong>Holding</strong>, LBB and IBG<br />

on account of the transfer of swaps to the fund<br />

company that were originally concluded between<br />

the <strong>Holding</strong> and Bavaria Objekt und Baubetreuung<br />

GmbH (BOB). The <strong>Holding</strong> and LBB served notice<br />

of the legal dispute to BOB and IBV – the latter as<br />

the managing limited partner of the fund company.<br />

In its ruling of 2 August 2007, the <strong>Berlin</strong> District<br />

Court found the <strong>Holding</strong>, LBB and IBG jointly and<br />

severally liable to pay compensation. After examining<br />

and analysing the ruling, the defendants have<br />

appealed to the Court of Appeal. The <strong>Holding</strong><br />

and LBB have recognised sufficient risk provisions<br />

in the event that the ruling is upheld.<br />

Group management report<br />

Risk report<br />

101


102<br />

Risk report<br />

Contested AGM resolutions<br />

There were four cases, involving five shareholders,<br />

of proceedings concerning action in rescission and<br />

action for annulment against resolutions passed at<br />

the ordinary Annual General Meeting on 4 July 2008.<br />

One of these shareholders instituted proceedings<br />

against all the resolutions passed at the above-mentioned<br />

Annual General Meeting, whilst the other four<br />

shareholders each attacked only individual resolutions.<br />

The Bank considers the chances of success<br />

to be minor.<br />

In three of the proceedings, a compromise was<br />

reached, following which the claims were withdrawn.<br />

The company is currently in the process of negotiating<br />

a compromise with regard to the fourth firstinstance<br />

claim.<br />

Other risks<br />

Business policy and strategy decisions<br />

Strategic risk is understood to mean the risk of<br />

failing to meet long-term company goals as a result<br />

of inaccurate, unprepared or incorrect assumptions<br />

regarding strategic decisions. Management of<br />

strategic risk is the responsibility of the Board of<br />

Management as a whole, with certain decisions also<br />

requiring the approval of the Supervisory Board.<br />

The overall bank strategy, which was approved by<br />

the Board of Management of LBB and is regularly<br />

updated, represents a synopsis of the strategies<br />

of all divisions, back-office sectors and corporate<br />

centres.<br />

A standardised report geared towards strategic indicators<br />

that can be managed by the bank structure<br />

has been developed as an instrument for monitoring<br />

and managing the result targets of the divisions.<br />

Deviations from plans in terms of the result targets<br />

are to be regarded as early warning indicators. In<br />

these cases, appropriate measures are instigated and<br />

their success is examined. The report is regularly<br />

presented at Board of Management meetings.<br />

Adherence to the strategy is regularly examined at<br />

the same time.


Report on expected developments / Outlook<br />

Expected developments / Assessment<br />

of the economic situation<br />

At the beginning of 2009, most market participants<br />

are not expecting any quick turnaround in the trend<br />

regarding the global crisis on the capital and financial<br />

markets. Particularly in terms of short-term financing,<br />

the reduction in key interest rates has compensated<br />

for a significant portion of the premiums which result<br />

from the intensification of the financial crisis. However,<br />

corporate investment propensity is strongly<br />

influenced by expectations regarding the economic<br />

development.<br />

In major international markets such as the USA, the<br />

UK and France, there have also been some drastic<br />

economic effects, to which the national governments<br />

reacted with economic stimulus programs on an<br />

often considerable scale. German manufacturers’<br />

order levels are tumbling rapidly, and their export<br />

prospects are diminishing dramatically. This will also<br />

lead to a turnaround in the trend on the employment<br />

market. Despite regaining purchasing power as a<br />

result of falling energy and food prices, private households<br />

are expected by experts to remain restrained<br />

in their spending behaviour. Stimulation measures<br />

by the public sector are alleviating the recession.<br />

Overall, a significant decline in economic performance<br />

can be expected in Germany in 2009.<br />

The economy of the <strong>Berlin</strong>-Brandenburg region<br />

will not escape the effects of the weak economic<br />

situation. As a result of the economic slump which<br />

can also be seen in Central and Eastern Europe,<br />

export successes are unlikely. Growth centres in the<br />

fields of business support services, biotechnology,<br />

medical technology, traffic engineering and information<br />

and communication technology are likely to<br />

prove themselves comparatively stable. In these<br />

sectors, <strong>Berlin</strong> benefits from work in conjunction<br />

with existing scientific institutions. The realisation of<br />

major construction projects provides a positive<br />

economic stimulus. Other than this, however, recessional<br />

trends will dominate, and the international<br />

environment will take its toll on the tourist industry<br />

in particular. This will impact retail sales and the<br />

hospitality industry.<br />

The banking industry will continue to operate in an<br />

extremely difficult environment in 2009. Although<br />

earnings potential is indeed improved by the maturity<br />

transformation with a steeper interest structure, continuing<br />

lack of confidence among market participants<br />

means that refinancing costs still remain negatively<br />

impacted by high liquidity premiums, particularly<br />

for longer durations. The weak economic situation<br />

will be another factor negatively impacting bank<br />

results. The requirement for higher equity ratios for<br />

banks which resulted from the financial crisis means<br />

that continuing reductions in balance sheets are to<br />

be expected. The pressure to consolidate on the<br />

German banking market, already strong, will therefore<br />

tend to increase further.<br />

Group management report<br />

Risk report | Report on expected developments / Outlook<br />

103


104<br />

Report on expected developments / Outlook<br />

Business orientation<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> Group is still focused on<br />

continuing its growth in its four strategic business<br />

areas, using investments to exploit market opportunities,<br />

and continually improving the quality of its products<br />

and services. The Group has a strong market<br />

position in its core region of <strong>Berlin</strong>-Brandenburg.<br />

However, this region is marked by a weaker income<br />

and assets structure of its private households than<br />

the rest of Germany, companies which are predominantly<br />

in the smaller revenue-generating categories,<br />

and a partially recovered but still underdeveloped<br />

real estate market. The investments that have been<br />

made in national credit card, direct banking and<br />

point-of-sale business and the national outlook of<br />

real estate financing business are expected to offset<br />

the limited growth prospects in the Group’s core<br />

region.<br />

The Group’s strategic business areas are managed<br />

using the following performance ratios: operating<br />

result / earnings before taxes, return on equity and<br />

the cost / income ratio.<br />

The return on equity is determined by dividing the<br />

“operating result / earnings before taxes” and “tied-up<br />

equity capital”. The tied-up equity capital of the<br />

segments is the capital required according financial<br />

procedures.<br />

The cost-income ratio is calculated as the ratio of<br />

administrative expenditure and the total of net<br />

interest income, net commission income, net income<br />

from hedges, net gain from financial instruments<br />

recognised at fair value through profit or loss, net<br />

gain from financial investments, net income from<br />

investments carried at equity and other operating<br />

income.<br />

Adequate capital resources and dividend performance<br />

are also used as control parameters at Group<br />

level and the level of the individual banks.<br />

Development of the business segments<br />

Given the changes in the market environment and<br />

the general orientation described above, the following<br />

developments are expected in the individual<br />

business segments in 2009.<br />

Retail Banking<br />

The new current account models, which were<br />

brought onto the market at the beginning of 2009,<br />

support activities to increase customer loyalty and<br />

expand our position as market leaders in regional<br />

business. In addition, there is a continued focus on<br />

investment business and consumer finance. The<br />

strengthening of customer relations and the further<br />

growth in business volume should result in corresponding<br />

rise in income. In national business, the<br />

“LBB Finanzkauf” brand sales financing acquired<br />

in 2008 strengthens the consumer loans business,<br />

although it also leads to a temporary negative<br />

impact on earnings due to integration measures.<br />

Further product innovations should lead to expansion<br />

of the customer base in national business.<br />

Cooperation with netbank is being expanded further.<br />

<strong>Berlin</strong>er Sparkasse retail banking business should<br />

also continue to develop stably and lead to a return<br />

on equity in the region of 40 % in the next two years.


Regional <strong>Corp</strong>orate Banking<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG intends to continue to act as<br />

a client-oriented, competent regional bank with an<br />

extensive range of financial services for business<br />

clients and small and medium-sized companies in<br />

the core market of <strong>Berlin</strong>-Brandenburg. Its strategic<br />

aim remains reinforcing its strong market position,<br />

as well as continuing to strengthen the earnings<br />

basis.<br />

This aim is to be achieved through measures to<br />

strengthen customer loyalty, increase the use made<br />

of existing customer accounts, and gain new customers.<br />

Without giving up its strict income and<br />

risk-oriented business policy, it will further expand<br />

lending business and services with a commission<br />

charge, using product and service ranges in line with<br />

the market.<br />

In this process, the implementation of the quality<br />

strategy in all customer segments and sales channels<br />

will be of central importance in the future as well.<br />

Regional corporate banking business should also<br />

continue to develop stably and achieve a return<br />

on equity of over 20 % in the next two years even<br />

without special factors.<br />

Capital Markets<br />

In the Client Business area, an intensification of<br />

business relations with the Sparkassen and other<br />

companies in the Sparkassen organisation is<br />

expected. The joint discussions and activities<br />

undertaken in 2008 should begin to show positive<br />

effects here. As a result of the public discussion<br />

about the risks and benefits of certificates, designing<br />

structured investment products in other legal<br />

forms will be relevant. LBB will provide the relevant<br />

offers for its customers in this respect.<br />

Further advances are targeted in LBB-INVEST’s<br />

positioning as a niche provider (“boutique”). Within<br />

the Sparkassen organisation, we aim to establish<br />

LBB-INVEST as a provider of special solutions<br />

alongside the broad standard range offered by Deka<br />

as the leading Sparkassen fund company. LBB is<br />

expecting the fund volume to pick up again in 2009<br />

following the declines caused by market conditions<br />

in 2008.<br />

International business will continue in our current<br />

target region of Central and Eastern Europe with<br />

a continued focus on trade and export finance,<br />

paying particular attention to country risks in the<br />

target region. Here, too, special activities for and<br />

with Sparkassen are already being implemented.<br />

Treasury and Trading will continue its reduction of<br />

the importance of short-term strategies as begun in<br />

previous years. However, these trading activities<br />

will continue to supplement the range of investment<br />

strategies, particularly for short durations. Investment<br />

and trading strategies will be designed and<br />

reported in a more differentiated manner, but will<br />

continue to be subject to overall risk management.<br />

However, the earnings development and also the<br />

extent to which earnings fluctuate will be dependent<br />

on the further development of financial markets in<br />

2009. The risk positions are likely to stagnate or<br />

even decline slightly in reaction to the market environment.<br />

Due to increased margins, a return on equity<br />

of around 15 % will be targeted as previously.<br />

Group management report<br />

Report on expected developments / Outlook<br />

105


106<br />

Report on expected developments / Outlook<br />

Real Estate Financing<br />

In commercial real estate financing, the focus on<br />

investor finance and innovative financing structures<br />

throughout Germany remains unchanged. Financing in<br />

selected international markets is undertaken with<br />

the aim of a balanced mixture and a wider distribution<br />

of risk in the portfolio. Commercial real estate<br />

financing business will continue to develop positively<br />

and achieve a return on equity of over 15 % even<br />

without special factors.<br />

Comparison of projected and actual figures<br />

The Group’s operating profit in 2008 was considerably<br />

below original planning. The financial market<br />

crisis is the key factor behind the fact that despite<br />

improved performance in the second quarter of<br />

2008, profits in Capital Markets are not at the level<br />

planned. This was not offset by the other segments,<br />

despite performances considerably above the<br />

planned level in some cases.<br />

Estimation procedure / Medium-term planning<br />

The Group’s business planning and forecasts are<br />

based on macroeconomic assumptions about the<br />

development of the economy, the labour market and<br />

interest rates. For 2009 and the medium term planning<br />

horizon up to 2013, the Board of Management<br />

does not expected any sustained negative effects for<br />

the Group and assumes the existence of functioning<br />

markets. At the same time, it also assumes that the<br />

yield curve will return to its normal pattern. On the<br />

basis of these assumptions regarding framework<br />

conditions, we set central key points. Subsequently,<br />

the previous medium-term planning was revised<br />

throughout the Group by the divisions. In this process,<br />

the targets for clients / market position, new business<br />

and earnings and risks were planned, and investments<br />

and costs were determined in detail.<br />

The above estimate of development in our core<br />

divisions is based on our medium-term planning,<br />

which extends to 2013.<br />

The plan is based on approved business and risk<br />

strategies.<br />

Summary / Overall assessment<br />

Generally, the Bank is assuming that it will be able<br />

to continue its positive performance in operating<br />

business. At the same time, the uncertainty on<br />

the international finance markets remains high. In<br />

combination with the as yet unforeseeable consequences<br />

of the economic downturn, a more detailed<br />

forecast is not possible at the current time.


Annual Financial<br />

Statements for the Group<br />

Consolidated Income Statement 108<br />

Quarterly Development of the<br />

LBB <strong>Holding</strong> Group 109<br />

Consolidated Balance Sheet 110<br />

Statement of Changes in Consolidated Equity 111<br />

Consolidated Cash Flow Statement 112<br />

Notes 114


Consolidated Income Statement<br />

for the period from 1 January to 31 December 2008<br />

Notes 1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007 1)<br />

in € million in %<br />

Net interest income 21 1,247 815 432 53<br />

Interest income 6,919 6,210 709 11<br />

Interest expenses 5,672 5,395 277 5<br />

Allowance for losses on loans and advances 22 63 – 68 131 > 100<br />

Net interest income after risk provisioning 1,184 883 301 34<br />

Net commission income 23 302 297 5 2<br />

Fee and commission income 439 429 10 2<br />

Fee and commission expense 137 132 5 4<br />

Net income from hedge accounting 24 – 18 3 – 21 < – 100<br />

Net gain from financial instruments recognised at fair value through profit or loss 25 – 344 – 45 – 299 < – 100<br />

Net income from financial assets 26 – 308 – 4 – 304 < – 100<br />

Net income from investments carried at equity 27 – 18 12 – 30 < – 100<br />

Other operating income 28 139 119 20 17<br />

Administrative expenses 29 940 965 – 25 – 3<br />

Operating profit before restructuring – 3 300 – 303 < – 100<br />

Restructuring expenditure and income (net) 30 12 6 6 100<br />

Operating profit / earnings before taxes 9 306 – 297 – 97<br />

Income tax expense 31 – 20 76 – 96 < – 100<br />

Consolidated net profit for the period / earnings after taxes 29 230 – 201 – 87<br />

Net profit / loss attributable to minority interests 12 19 – 7 – 37<br />

Consolidated net profit for the period of the shareholders of the parent company 17 211 – 194 – 92<br />

Earnings per share Notes 1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007 1)<br />

Consolidated net profit for the period of the shareholders<br />

of the parent company (€ million) 32 17 211 – 194 – 92<br />

Average number of ordinary shares outstanding 32 999,327,870 999,327,870 0 0<br />

Earnings per share (€) 2) 0.02 0.21 – 0.19 – 92<br />

1) Figures for the previous year have been adjusted<br />

2) Diluted = basic earnings<br />

108<br />

Change<br />

Change<br />

in %


Quarterly Development of the LBB <strong>Holding</strong> Group<br />

in € million Q4 2008 Q3 2008 Q2 2008 Q1 2008 Q4 2007 1) Q3 2007 1) Q2 2007 1) Q1 2007 1)<br />

Net interest income 369 315 287 276 234 179 217 185<br />

Interest income 1,596 1,701 1,789 1,833 1,527 1,406 1,663 1,614<br />

Interest expenses 1,227 1,386 1,502 1,557 1,293 1,227 1,446 1,429<br />

Allowance for losses on loans and advances 50 – 6 32 – 13 – 38 – 1 12 – 41<br />

Net interest income after risk provisioning 319 321 255 289 272 180 205 226<br />

Net commission income 67 77 75 83 76 74 71 76<br />

Fee and commission income 106 110 107 116 114 109 103 103<br />

Fee and commission expense 39 33 32 33 38 35 32 27<br />

Net income from hedge accounting – 21 2 6 – 5 4 – 5 1 3<br />

Net gain from financial instruments recognised<br />

at fair value through profit or loss – 116 – 115 – 12 – 101 – 84 – 18 9 48<br />

Net income from financial assets – 56 – 234 – 2 – 16 – 34 – 1 11 20<br />

Net income from investments carried at equity – 6 – 4 – 3 – 5 1 3 7 1<br />

Other operating income 64 34 17 24 29 35 31 24<br />

Administrative expenses 243 216 241 240 244 222 256 243<br />

Operating profit before restructuring 8 – 135 95 29 20 46 79 155<br />

Restructuring expenditure and income (net) – 2 0 0 14 5 – 2 4 – 1<br />

Operating profit / earnings before taxes 6 – 135 95 43 25 44 83 154<br />

Income tax expense – 34 – 7 15 6 – 4 32 17 31<br />

Consolidated net profit for the<br />

period / earnings after taxes 40 – 128 80 37 29 12 66 123<br />

Net profit / loss attributable to minority interests 9 2 – 11 12 5 – 5 12 7<br />

Consolidated net profit for the period<br />

of the shareholders of the parent company 31 – 130 91 25 24 17 54 116<br />

1) Figures for the previous year have been adjusted<br />

Consolidated Financial Statements<br />

Consolidated Income Statement | Quarterly Development of the LBB <strong>Holding</strong> Group<br />

109


Consolidated Balance Sheet<br />

as at 31 December 2008<br />

Assets<br />

Notes 31.12.2008 31.12.2007 1) Change<br />

in € million in %<br />

Cash 8, 33 1,727 986 741 75<br />

Loans and advances to banks 7, 34 22,369 26,514 – 4,145 – 16<br />

Loans and advances to customers 7, 35 47,462 47,026 436 1<br />

Risk provisioning 7, 36 – 1,245 – 1,411 166 12<br />

Positive fair value of derivative hedging instruments 7, 37 749 397 352 89<br />

Financial assets recognised at fair value through profit or loss 7, 38 18,295 13,637 4,658 34<br />

Financial assets 7, 39 50,466 50,696 – 230 0<br />

Investments carried at equity 9, 40 98 129 – 31 – 24<br />

Intangible assets 10, 12, 41 650 665 – 15 – 2<br />

Property, plant and equipment 11, 12, 42 578 583 – 5 – 1<br />

Investment property 14, 43 65 82 – 17 – 21<br />

Current tax assets 17, 44 99 85 14 16<br />

Deferred tax assets 17, 44 913 793 120 15<br />

Other assets 45 3,074 1,915 1,159 61<br />

Non-current assets and groups of assets held for sale 15, 46 71 66 5 8<br />

Total 145,371 142,163 3,208 2<br />

1) Figures for the previous year have been adjusted<br />

Liabilities and shareholders’ equity<br />

Notes 31.12.2008 31.12.2007 1) Change<br />

in € million in %<br />

Deposits by banks 7, 47 45,950 50,686 – 4,736 – 9<br />

Amounts due to customers 7, 48 32,720 29,552 3,168 11<br />

Securitised debt 7, 49 29,826 30,517 – 691 – 2<br />

Negative fair value of derivative hedging instruments 7, 50 1,340 985 355 36<br />

Financial liabilities recognised at fair value through profit or loss 7, 51 27,097 21,893 5,204 24<br />

Provisions 16, 52 1,168 1,270 – 102 – 8<br />

Current tax liabilities 17, 53 157 199 – 42 – 21<br />

Deferred tax liabilities 17, 53 33 32 1 3<br />

Other liabilities 54 1,915 1,018 897 88<br />

Liabilities assigned to groups of assets held for sale 55 83 1 82 > 100<br />

Subordinated capital 18, 56 3,137 3,163 – 26 – 1<br />

of which: Dormant participations 687 700 – 13 – 2<br />

Shareholders’ equity 19, 57 1,945 2,847 – 902 – 32<br />

Issued capital 19, 57 2,554 2,554 0 0<br />

Capital reserves 19, 57 77 77 0 0<br />

Retained earnings 19, 57 – 93 – 14 – 79 < – 100<br />

Revaluation reserve 19, 57 – 664 – 182 – 482 < – 100<br />

Currency translation reserve 19, 57 – 9 – 2 – 7 < – 100<br />

Minority interests 19, 57 80 414 – 334 – 81<br />

Total 145,371 142,163 3,208 2<br />

1) Figures for the previous year have been adjusted<br />

110


Statement of Changes in Consolidated Equity<br />

for the period from 1 January to 31 December 2008<br />

in € million<br />

Issued<br />

capital<br />

Capital<br />

reserves<br />

Retained<br />

earnings<br />

Currency<br />

translation<br />

reserve<br />

Revaluation<br />

reserve<br />

Minority<br />

interests<br />

Unappropriated<br />

surplus /<br />

accumulated<br />

loss<br />

Total shareholders’<br />

equity<br />

Shareholders’ equity<br />

as of 31.12.2006 2,554 77 – 395 1 137 97 153 2,624<br />

Change in retained earnings 90 – 90 0<br />

Distributions – 60 – 60<br />

Consolidated net profit for the period 19 201 220<br />

Recognised income and expense 72 – 308 – 236<br />

Changes in scope of consolidation<br />

and other changes 90 – 3 – 11 298 1) – 91 283<br />

Shareholders’ equity as of 31.12.2007 2,554 77 – 143 – 2 – 182 414 113 2,831<br />

1) including € 187 million from the first-time consolidation of Albatros Select Fund and € 68 million from the first-time consolidation of Keppler Global Value<br />

in € million<br />

Issued<br />

capital<br />

Capital<br />

reserves<br />

Retained<br />

earnings<br />

Currency<br />

translation<br />

reserve<br />

Revaluation<br />

reserve<br />

Minority<br />

interests<br />

Unappropriated<br />

surplus /<br />

accumulated<br />

loss<br />

Total shareholders’<br />

equity<br />

Shareholders’ equity<br />

as of 31.12.2007 2,554 77 – 143 – 2 – 182 414 113 2,831<br />

Adjustments in accordance with IAS 8 129 – 113 3) 16<br />

Shareholders’ equity<br />

as of 31.12.2007 (adjusted) 2,554 77 – 14 – 2 – 182 414 0 2,847<br />

Distributions – 100 – 100<br />

Consolidated net profit for the period 12 17 29<br />

Recognised income and expense 20 – 7 – 482 – 469<br />

Changes in scope of consolidation<br />

and other changes 1 – 346 2) – 17 3) – 362<br />

Shareholders’ equity as of 31.12.2008 2,554 77 – 93 – 9 – 664 80 0 1,945<br />

2) including € –187 million from the first-time consolidation of Albatros Select Fund, € – 68 million from the first-time consolidation<br />

of Keppler Global Value and € –116 million from the first-time consolidation of Lingohr Alpha<br />

3) Reclassification to retained earnings (cf. Accounting policies)<br />

Presentation of recognised income and expenses<br />

Consolidated Financial Statements<br />

Consolidated Balance Sheet | Statement of Changes in Consolidated Equity<br />

The income and expenses recognised directly in equity relate to the changes in the revaluation reserve from the fair value measurement of<br />

available-for-sale securities (€ – 478 million), cash flow hedge changes (€ – 135 million), changes in retained earnings as a result of the remeasurement<br />

of pension obligations (€ 28 million) and changes in the currency translation reserve (€ – 7 million). Deferred taxes on changes<br />

in value charged directly to equity amounted to € 123 million, resulting in a net reduction in equity of € 469 million.<br />

Taking into consideration the consolidated net profit for the period, the total figure for the financial year in accordance with IAS 1.96<br />

was € – 440 million, of which € – 449 million was attributable to the shareholders of the parent company and € 9 million to minority interests.<br />

111


Consolidated Cash Flow Statement<br />

for the period from 1 January to 31 December 2008<br />

in € million 2008 2007 1)<br />

Consolidated net profit for the period 29 230<br />

Non-cash items included in consolidated net profit for the period and reconciliation<br />

to net cash from / used in from operating activities<br />

Depreciation and amortisation, allowances for impairment losses, reversals of impairment losses 419 22<br />

Changes in provisions (additions and reversal only) 45 70<br />

Change in other non-cash items 551 – 16<br />

Net income from the disposal of property, plant and equipment and intangible assets – 26 – 34<br />

Net interest income – 1,247 – 815<br />

Other adjustments (net) – 580 157<br />

Subtotal – 809 – 386<br />

Change in assets and liabilities used in operating activities after adjustment for non-cash items<br />

Loans and advances to banks 4,081 1,885<br />

Loans and advances to customers – 622 3,486<br />

Financial assets recognised at fair value through profit or loss – 5,779 1,103<br />

Other assets used in operating activities – 1,323 239<br />

Payments for the acquisition of financial assets used in operating activities – 10,967 – 20,095<br />

Proceeds from the disposal of financial assets used in operating activities 11,297 12,828<br />

Deposits by banks – 4,654 1,705<br />

Amounts due to customers 3,214 618<br />

Securitised debt – 709 – 1,895<br />

Financial liabilities recognised at fair value through profit or loss 5,101 645<br />

Other liabilities used in operating activities 972 – 952<br />

Interest and dividends received 6,985 6,228<br />

Interest paid – 5,873 – 5,383<br />

Income tax payments – 29 86<br />

Cash flow from operating activities 885 112<br />

Proceeds from the disposal of<br />

financial assets used in investing activities 86 96<br />

property, plant and equipment 33 5<br />

intangible assets 1 1<br />

Payments to acquire<br />

financial assets used in investing activities – 23 – 4<br />

property, plant and equipment – 34 – 23<br />

intangible assets – 14 – 16<br />

Effects of changes in the scope of consolidation<br />

Proceeds from the disposal of consolidated companies after deduction of transferred cash 0 57<br />

Payments for the acquisition of consolidated companies after deduction of transferred cash 0 – 16<br />

Change in cash and cash equivalents due to other investing activities 0 0<br />

Cash flow from investing activities 49 100<br />

Proceeds from capital increases 0 0<br />

Dividends paid – 100 – 60<br />

Cash inflows from subordinated capital 170 40<br />

Cash outflows from subordinated capital – 263 – 161<br />

Change in cash and cash equivalents due to other financing activities 0 0<br />

Cash flow from financing activities – 193 – 181<br />

Cash and cash equivalents at the beginning of the prior period 986 955<br />

Cash flow from operating activities 885 112<br />

Cash flow from investing activities 49 100<br />

Cash flow from financing activities – 193 – 181<br />

Changes in cash due to exchange rate, consolidation and measurement-related changes 0 0<br />

Cash and cash equivalents at the end of the period 1,727 986<br />

1) Figures for the previous year have been adjusted<br />

112


Consolidated Financial Statements<br />

Consolidated Cash Flow Statement<br />

The cash flow statement provides information on the amounts and development of cash and cash equivalents for the financial year, broken<br />

down into operating, investing and financing activities.<br />

The cash flow from operating activities is shown using the indirect method based on the net profit for the period. Cash flows<br />

from operating activities essentially include cash flows from loans and advances to banks and customers as well as deposits by banks and<br />

amounts due to customers, cash flows from securitised debt and assets and liabilities recognised at fair value through profit or loss, cash<br />

flows from financial assets allocated to operating activities and cash flows from interest paid and received. In particular, this includes interest<br />

and dividend income, interest expense and income tax expenses.<br />

The cash flow from investing activities essentially results from receipts and payments in conjunction with the sale or acquisition<br />

of financial assets, property, plant and equipment and intangible assets, as well as changes in the scope of consolidation.<br />

In addition to investor relations, the cash flow from financing activities also includes changes in subordinated liabilities.<br />

The reported cash and cash equivalents are composed of cash, which consists of cash on hand and balances at central banks.<br />

113


Notes – Contents<br />

Notes to the Financial Statements<br />

1 Principles of reporting 116<br />

2 Standards and interpretations applied 116<br />

3 Accounting policies 117<br />

4 Principles of consolidation 119<br />

5 Scope of consolidation 120<br />

6 Segment reporting 122<br />

Notes on Accounting Policies<br />

7 Financial instruments 126<br />

8 Cash 131<br />

9 Investments carried at equity 131<br />

10 Intangible assets 131<br />

11 Property, plant and equipment 131<br />

12 Impairment of property, plant and equipment and<br />

intangible assets including goodwill 132<br />

13 Leases 133<br />

14 Investment property 133<br />

15 Non-current assets and groups of assets held for sale 134<br />

16 Provisions 135<br />

17 Income taxes 135<br />

18 Subordinated capital 136<br />

19 Shareholders’ equity 136<br />

20 Off-balance sheet transactions 137<br />

Notes to the Income Statement<br />

21 Net interest income 138<br />

22 Allowance for losses on loans and advances 138<br />

23 Net commission income 139<br />

24 Net income from hedge accounting 139<br />

25 Net gain from financial instruments recognised at fair value through profit or loss 140<br />

26 Net income from financial assets 140<br />

27 Net income from investments carried at equity 141<br />

28 Other operating income 141<br />

29 Administrative expenses 142<br />

30 Restructuring expenditure and income (net) 144<br />

31 Income tax expense 144<br />

32 Earnings per share 145


Notes to the Balance Sheet<br />

33 Cash 146<br />

34 Loans and advances to banks 147<br />

35 Loans and advances to customers 148<br />

36 Allowance for losses on loans and advances 149<br />

37 Positive fair value of derivative hedging instruments 152<br />

38 Financial assets recognised at fair value through profit or loss 152<br />

39 Financial assets 153<br />

40 Investments carried at equity 155<br />

41 Intangible assets 155<br />

42 Property, plant and equipment 156<br />

43 Investment property 157<br />

44 Income tax assets 157<br />

45 Other assets 158<br />

46 Non-current assets and groups of assets held for sale 158<br />

47 Deposits by banks 159<br />

48 Amounts due to customers 160<br />

49 Securitised debt 161<br />

50 Negative fair value of derivative hedging instruments 162<br />

51 Financial liabilities recognised at fair value through profit or loss 162<br />

52 Provisions 164<br />

53 Income tax liabilities 170<br />

54 Other liabilities 170<br />

55 Liabilities assigned to groups of assets held for sale 171<br />

56 Subordinated capital 171<br />

57 Shareholders’ equity 171<br />

Other Notes<br />

58 Adjustments due to changes in accordance with IAS 8 172<br />

59 Trust Activities 173<br />

60 Contingent liabilities and similar obligations 173<br />

61 Risk management 175<br />

62 Fair values of financial instruments 175<br />

63 Assets pledged as collateral 178<br />

64 Related party disclosures 178<br />

65 Number of employees 184<br />

66 Events after 31 December 2008 184<br />

67 List of investment holdings 185<br />

68 <strong>Corp</strong>orate governance 190


Notes to the Financial Statements<br />

1 Principles of reporting<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG (hereinafter referred to as the “<strong>Holding</strong>”) is the parent company of the <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> Group,<br />

<strong>Berlin</strong>, Germany (hereinafter referred to as the “Group”). Its head office is in <strong>Berlin</strong>, Germany, and it is entered in the commercial register there.<br />

Regionalverbandsgesellschaft mbH (RVG), based in Neuhardenberg, Germany, is the Group’s parent company. As of 31 December 2008,<br />

it directly and indirectly holds 98.6 % of shares in <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG.<br />

This report is a full annual financial report as defined by Article 37v of the German Securities Trading Act (WpHG). The consolidated<br />

financial statements of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> for the financial year 2008 found here were prepared in accordance with the International<br />

Financial Reporting Standards (IFRS) applicable in the EU and also the applicable provisions in accordance with Article 315a (1) of the<br />

German Commercial Code (HGB).<br />

Furthermore, the German Accounting Standards (GAS) passed by the German Accounting Standards Committee and promulgated<br />

by the Federal Ministry of Justice in accordance with Article 342 (2) of the German Commercial Code by 31 December 2008 were<br />

observed.<br />

An overview of all standards applied can be found in the following note.<br />

The <strong>Holding</strong> also prepares and publishes a Group management report in accordance with Article 315a HGB in conjunction with Articles 315,<br />

340k HGB. The relevant GAS were also complied with here.<br />

Unless otherwise indicated, all amounts are shown in millions of euro (€ million). In isolated cases there may be minor deviations in<br />

additions due to rounding figures up or down.<br />

2 Standards and interpretations applied<br />

In its accounting policies, the Group applies all valid standards that are mandatory as of the reporting date. The consolidated financial<br />

statements for 2008 are based on the IASB framework concept and the following relevant IAS / IFRS:<br />

Standard Title<br />

Version /<br />

latest amendment<br />

Date of<br />

first­time<br />

application<br />

IAS 1 Presentation of Financial Statements rev. 2003 / 18.08.2005 01.01.2007<br />

IAS 7 Cash Flow Statements rev. 1992 01.01.1994<br />

IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors rev. 2003 01.01.2005<br />

IAS 10 Events After the Balance Sheet Date rev. 2003 01.01.2005<br />

IAS 12 Income taxes rev. 2000 01.01.2001<br />

IAS 14 Segment reporting rev. 1997 01.07.1998<br />

IAS 16 Property, plant and equipment rev. 2003 01.01.2005<br />

IAS 17 Leases rev. 2003 01.01.2005<br />

IAS 18 Revenue rev. 1993 / Dec.1998 01.01.2001<br />

IAS 19 Employee Benefits rev. 2002 / 16.12.2004 01.01.2005<br />

IAS 21 The Effects of Changes in Foreign Exchange Rates rev. 2003 / 15.12.2005 01.01.2006<br />

IAS 23 Borrowing Costs rev. 1993 01.01.1995<br />

IAS 24 Related Party Disclosures rev. 2003 01.01.2005<br />

IAS 27 Consolidated and Separate Financial Statements in accordance with IFRS rev. 2003 01.01.2005<br />

IAS 28 Investments in Associates rev. 2003 01.01.2005<br />

IAS 31 Interests in Joint Ventures rev. 2003 01.01.2005<br />

IAS 32 Financial Instruments: Presentation rev. 2003 / 18.08.2005 01.01.2007<br />

IAS 33 Earnings per share rev. 2003 01.01.2005<br />

IAS 36 Impairment of Assets rev. 2004 31.03.2004<br />

IAS 37 Provisions, Contingent Liabilities and Contingent Assets 1998 01.07.1999<br />

IAS 38 Intangible assets rev. 2004 31.03.2004<br />

01.01.2006 /<br />

IAS 39 Financial Instruments: Recognition and Measurement rev. 2004 / 13.10.2008 01.07.2008<br />

IAS 40 Investment Property rev. 2003 01.01.2005<br />

IFRS 3 Business Combinations rev. 2004 31.03.2004<br />

IFRS 5 Non-current Assets Held for Sale and Discontinued Operations 2004 01.01.2005<br />

01.01.2007 /<br />

IFRS 7 Financial Instruments: Disclosures 18.08.2005 / 13.10.2008 01.07.2008<br />

The standards IAS 2, 11, 20, 26, 29, 34 and 41 and IFRS 1, 2, 4 and 6 were not pertinent to the Group and therefore were not applied in<br />

the consolidated financial statements. IAS 1 (rev. 2007), IFRS 3 (rev. 2008) and IFRS 8 were not yet mandatory. Their future application from<br />

the financial year 2009 will not have any material effect.<br />

116


In addition to the standards listed, the following interpretations of the International Financial Reporting Interpretations Committee (IFRIC)<br />

and the Standing Interpretations Committee (SIC) were also applied in the preparation of the consolidated financial statements:<br />

Standard Title Relates to As at<br />

Date of<br />

first­time<br />

application<br />

SIC-12 Consolidation – Special Purpose Entities IAS 27 1998 01.07.1999<br />

SIC-15 Operating Leases – Incentives IAS 17 1998 01.01.1999<br />

SIC-21 Income Taxes – Recovery of Revalued Non-Depreciable Assets IAS 12 1999 15.07.2000<br />

SIC-25 Income Taxes – Changes in the Tax Status of an Entity or its Shareholders IAS 12 1999 15.07.2000<br />

SIC-27 Evaluating the Substance of Transactions Involving the Legal Form of a Lease IAS 1, 17, 18 2000 31.12.2001<br />

IFRIC 4 Determining whether an Arrangement contains a Lease IAS 17 02.12.2004 01.01.2006<br />

IFRIC 9 Reassessment of Embedded Derivatives IAS 39 01.03.2006 01.06.2006<br />

IFRIC 10 Interim Financial Reporting and Impairment IAS 34, 36, 39 02.06.2007 01.11.2006<br />

IFRIC 13 Customer Loyalty Programs IAS 8, 18, 37 28.06.2007 01.07.2008<br />

The interpretations SIC-7, 10, 13, 29, 31 and 32 and IFRIC 1, 2, 5-8 and 11, 12, 14-17 were not pertinent to the Group or were not yet<br />

mandatory and therefore were not included in the consolidated financial statements.<br />

Furthermore, the following German Accounting Standards (GAS) passed by the German Accounting Standards Committee and<br />

promulgated by the Federal Ministry of Justice in accordance with Article 342 (2) of the German Commercial Code by 31 December 2008<br />

were observed in these consolidated financial statements:<br />

GAS 2 Cash Flow Statement<br />

GAS 2-10 Cash Flow Statements of Financial Institutions<br />

GAS 3 Segment Reporting<br />

GAS 3-10 Segment Reporting by Financial Institutions<br />

GAS 5 Risk Reporting<br />

GAS 5-10 Risk Reporting by Financial Institutions and Financial Service Institutions<br />

GAS 15 Management Reporting<br />

GAS 15a Group Management Report Disclosures and Narrative Explanations Required by Takeover Law<br />

GAS 17 Reporting on the Remuneration of Governing Bodies<br />

3 Accounting policies<br />

Consolidated Financial Statements<br />

Basic principles<br />

The consolidated financial statements 2008 of the <strong>Holding</strong> are prepared in accordance with International Financial Reporting Standards (IFRS).<br />

Items are recognised and measured under the assumption of the going concern principle. Income and expenses are recognised in<br />

the income statement pro rata temporis in the period to which they relate.<br />

The main accounting policies applied in the preparation of these consolidated financial statements are detailed below. These notes<br />

initially explain general aspects; detailed information can be found in notes 7 to 20. Unless stated otherwise, the policies described were<br />

applied uniformly and consistently to the reporting periods presented.<br />

Uncertainty in estimates and assumptions<br />

The presentation of the net assets, financial position and results of operations in the consolidated financial statements is dependent on the<br />

recognition and measurement policies as well as assumptions and estimates used as the basis for the preparation of the consolidated<br />

financial statements.<br />

The estimates and assessments required in IFRS accounting are made in line with the respective standard, reassessed on an ongoing<br />

basis and based on historical experience and other factors, including expectations with regard to future events that appear reasonable<br />

under the given circumstances.<br />

Stock exchange prices and internal measurement models with current market parameters for assets and liabilities carried at fair<br />

value. For some financial instruments, other factors which may influence the fair value of the financial instrument were taken into account<br />

as well as observable market data. Details of this plus information on assumptions and estimates can be found in other notes (note 62).<br />

Notes<br />

117


Notes to the Financial Statements<br />

The current extreme market situation, primarily characterised by inactive markets, means that since the middle of financial year 2008 for<br />

numerous financial instruments it has been practically impossible to assess fair value on the basis of listed prices or by means of estimates<br />

based on most recent transactions or currently available market prices of similar financial instruments. To ascertain fair value for these<br />

financial instruments, it was not possible to use prices of transactions on an active market (IAS 39.AG71-73).<br />

In these cases, the fair value valuation hierarchy in line with IAS 39 must be used, with the application of valuation models. Here<br />

account was taken of statements of deployment of the valuation models of the International Accounting Standards Board (IASB) from<br />

October 2008. The underlying valuation models and their parameterisation on which the valuation of these financial instruments are based<br />

lead to a more realistic calculation of fair value.<br />

According to IAS 39.AG 82, the valuation methods factor in observable market data and other factors appropriate to influencing the<br />

fair value of the financial instrument. In the case of inactive markets, the valuation results on the basis of discounted cash flows, with the<br />

discounting factors including interest rates observable on the market, general credit spreads (external category spreads according to industry,<br />

origin and rating) and individual credit spreads (specific to the instrument). In order to determine the latter, the most recently observed plausible,<br />

individual spreads or more current spreads of related bonds or credit default swaps or their own estimates are considered. These may for<br />

example result from support activities by national governments. Stock market prices are also used as the basis for calculating positive and<br />

negative market values of derivatives. If no stock market prices are available, the market value is calculated using the normal mathematical<br />

methods of measurement for the sector, in particular present value methods and option pricing models. The parameters used in the measurement<br />

models are determined on the balance sheet date based on market conditions available on the market.<br />

The reclassification of financial instruments, made possible in the modification of IAS 39.50 (October 2008), was recognised directly<br />

in equity as of 1 October 2008. Details of this can also be found under Other Notes (Note 62).<br />

The recognition of property, plant and equipment and intangible assets entails estimates to determine their fair value at the date<br />

of acquisition. This applies to such assets that were acquired as part of a business combination. The expected useful life of assets is also<br />

estimated. The calculation of the fair values of assets and liabilities and the useful lives of assets are based on management assessments<br />

made in line with the standards on the basis of all available information.<br />

Currency translation<br />

In the companies’ financial statements, foreign currency payments are translated using the exchange rate at the date of initial recognition.<br />

Exchange rate gains and losses on monetary items are recognised in the income statement. Exchange rate gains and losses on non-monetary<br />

items are recognised directly in equity.<br />

In the Group, the annual financial statements of foreign entities are translated in line with the functional currency concept in accordance<br />

with IAS 21. For most foreign entities, foreign currencies are translated into the functional currency (euro) in line with the temporal<br />

method. Exchange gains and losses are recognised in the income statement.<br />

The other companies operate independently in GBP and USD. The functional currency is therefore GBP or USD and prices are<br />

translated in accordance with IAS 21 using the modified balance sheet date rate method. Exchange gains and losses of these companies<br />

are recognised separately in shareholders’ equity.<br />

Changes in accounting policies<br />

The accounting policies used in the consolidated financial statements for 2007 have been essentially retained for these consolidated financial<br />

statements, with the exception of the amendments shown below.<br />

Financial instruments have also been assigned to the held-to-maturity category since financial year 2008. Only new business<br />

was included.<br />

Recognition of the retained profit in the “Statement of Changes in Shareholders’ Equity” shows consolidated net profit, determined<br />

in accordance with IFRS provisions. Since the third quarter of 2008, there is no adjustment to the unappropriated surplus determined in<br />

accordance with HGB provisions. The generated and undistributed net result of the Group was allocated to retained earnings because the<br />

consolidated financial statements make determination relating to distributions. The prior year comparative figures have been adjusted<br />

accordingly.<br />

Through the optimisation of process flows in loan administration as well as the implementation of further measures in the strategic<br />

Retail Banking segment for identifying risks early, the period between the occurrence of a loss event and the identification of loss (Loss<br />

Identification Period – LIP) was shortened by the bank. As a consequence of these measures, the LIP factor used for calculating the portfolio<br />

impairment losses was adjusted for this partial portfolio.<br />

For the purposes of reporting as at 31 December 2008, adjustments in accordance with IAS 8.42 were made to the comparative<br />

figures as at 31 December 2007. A detailed presentation of these adjustments and their quantitative effects can be found in the other notes<br />

(note 58).<br />

118


4 Principles of consolidation<br />

Consolidated Financial Statements<br />

The consolidated financial statements of the <strong>Holding</strong> were prepared using uniform accounting policies in accordance with IAS 27.28. The<br />

consolidated financial statements essentially include all companies controlled directly or indirectly by the Group.<br />

33 subsidiaries, including special purpose entities (SIC-12), 10 associated entities and 6 joint ventures of subordinate importance<br />

for the Group’s financial position and results of operations, are not included. They are recognised as financial assets in the balance sheet<br />

and are measured according to the corresponding regulations. In determining the scope of consolidation, value criteria such as total assets,<br />

equity and the group’s net income for the year are considered and assessed, both on the level of the individual companies and overall.<br />

Companies that are not classed as controlled companies, in spite of a voting majority, and companies that are classed as controlled<br />

companies, in spite of the Group not having a voting majority, are indicated in the list of investment holdings (note 67). In addition, companies<br />

(special-purpose entities) in line with SIC-12 must be consolidated under certain conditions. This also applies to entities such as special<br />

funds and ABS constructions, details of which can be found in note 5 on “Scope of consolidation”.<br />

As part of capital consolidation, assets as well as liabilities and contingent liabilities of the acquired company are completely revalued<br />

at fair value at the date of acquisition. Positive differences between the cost of the business combination and the net fair value of the assets<br />

and liabilities are capitalised as goodwill. Acquisitions of minority interests are treated in the same way (modified parent company model).<br />

In subsequent years, goodwill is carried at cost, subject to an annual impairment test. Impairment is recognised under other operating<br />

expenses. After checking the measurement of assets or liabilities and contingent liabilities again, negative differences are recognised in the<br />

income statement together with gains on deconsolidation under other operating income.<br />

Intra-group receivables and liabilities, income and expenses arising from intra-group transactions and any intra-group results are<br />

eliminated in accordance with IAS 27.24 et seq. and IAS 28.20 et seq.<br />

All fully consolidated companies and joint ventures and associated entities carried at equity prepared their annual financial statements<br />

as at the balance sheet date 31 December 2008. Funds and special purpose vehicles with a different balance sheet date presented<br />

audited reports as at the balance sheet date 31 December 2008. Thus, all material transactions in the reporting year were included in the<br />

consolidated financial statements. The inclusion of financial statements with a balance sheet date other than that of the Group is indicated<br />

in the list of investment holdings.<br />

Non-consolidated subsidiaries are categorised as available for sale and reported at fair value under financial assets in line with<br />

IAS 39.46. If there is no listed price on an active market and the fair value cannot be reliably determined, measurement is at cost in line with<br />

IAS 39.46 (c).<br />

Joint ventures where there is a contractual agreement whereby two or more parties undertake an economic activity which is subject<br />

to joint control are carried at equity and reported under a separate balance sheet item in accordance with IAS 31.38.<br />

An associated entity is one over which the Group has the power to exert significant influence by participating in its financial and<br />

operating policy decisions but which is neither a subsidiary nor a joint venture of the Group. Companies not classed as an associated entity<br />

despite an interest of more than 20 % and companies classed as an associated entity despite an interest of less than 20 % are indicated in<br />

the list of investment holdings.<br />

Associated companies are measured in accordance with the equity method. The Group’s share of changes reported directly in the<br />

shareholders’ equity of the associated entities is reported directly in the shareholders’ equity of the Group. Gains and losses of associated<br />

entities are recognised pro rata under “Net income from investments carried at equity”.<br />

Changes in the carrying amount of associates’ equity are recognised on the basis of audited financial statements which are adapted<br />

to comply with uniform Group accounting policies via reconciliations.<br />

Shares in joint ventures and associated entities not valued at equity are valued in accordance with IAS 39.<br />

Shares in subsidiaries and associated entities held for sale are measured and reported separately in line with IFRS 5.<br />

Notes<br />

119


Notes to the Financial Statements<br />

5 Scope of consolidation<br />

As of 31 December 2008, 106 companies are included in the consolidated financial statements in addition to <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong><br />

AG. These companies represent the scope of consolidation and can be seen in the list of investment holdings. The changes in the scope of<br />

consolidation in the 2008 financial year were as follows:<br />

31.12.2007 Additions Disposals 31.12.2008<br />

Subsidiaries 24 1 4 21<br />

Special purpose entities (SIC-12)<br />

Special funds 13 1 2 12<br />

<strong>Holding</strong>s in mutual funds 4 3 4 3<br />

Other special purpose entities (SIC-12) 69 3 2 70<br />

Total 110 8 12 106<br />

Company acquisitions and business combinations<br />

Acquisition of Bianca Vermögensverwaltung AG & Co. KG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG acquired a portfolio of consumer loans and credit card receivables and payables with economic effect on<br />

2 January 2008. In accordance with Section 123 of the Reorganisation Act, the portfolio was spun off by the seller to Bianca Vermögensverwaltung<br />

AG & Co. KG, the sole limited partnership interest of which LBB AG acquired effective that date. After the spin-off was<br />

entered in the commercial register and the general partner left the company, the business of Bianca Vermögensverwaltung AG & Co. KG<br />

was integrated into LBB AG on 2 June 2008. On this date, LBB AG acquired the right of disposal to the portfolio acquired.<br />

As a result of the business combination, the following assets and liabilities were included in the consolidated financial statements for the<br />

first time:<br />

in € million<br />

Carrying<br />

amount at date<br />

of inclusion<br />

Loans and advances to banks 2<br />

Loans and advances to customers, other assets 581<br />

Amounts due to customers and provisions 40<br />

Deferred income 2<br />

Acquired net assets 541<br />

Because receivables and payables were assumed by Bianca Vermögensverwaltung AG & Co. KG at fair value, the carrying amounts for the<br />

most part correspond to the fair value at which Bianca Vermögensverwaltung AG & Co. KG was first recognised in accordance with IFRS 3.61.<br />

In purchase price allocation in line with IFRS 3, the purchase price was allocated to the identifiable assets and liabilities at fair value.<br />

in € million 2.6.2008<br />

Purchase price 540<br />

Incidental costs of acquisition 0<br />

Total cost of acquisition 540<br />

Less pro rata net assets measured at fair value 541<br />

Goodwill – 1<br />

In economic terms, the negative goodwill represents the income accumulated by Bianca Vermögensverwaltung AG & Co. KG since<br />

2 January 2008. This was recognised in other operating income through profit or loss. The purchase price was paid in full with cash and<br />

cash equivalents.<br />

120


From 2 January 2008 until the date of purchase, Bianca Vermögensverwaltung AG & Co. KG generated earnings after taxes of € 1.3 million<br />

under local accounting provisions (HGB). In accordance with the terms of the contract, this amount is already available in full to LBB AG<br />

and is thus included in its full amount in the consolidated financial statements. It was not possible to state the revenues, profits and losses<br />

for the Group as if the acquisition had taken place at the start of the reporting period as Bianca Vermögensverwaltung AG & Co. KG only<br />

prepared accounts in accordance with HGB.<br />

Other additions to the scope of consolidation<br />

Since 31 December 2007, the following companies have been added to the scope of consolidation:<br />

Additions<br />

FlexBond-Plus-INVEST, <strong>Berlin</strong> As a result of shares being withdrawn, the relevant stake of the Bank again exceeded 50 %.<br />

LBB Re Luxembourg S.A., Luxembourg Formed owing to relocation of LBB Reinsurance Ltd. headquarters from Dublin to Luxembourg<br />

LBB-nb 08-Fonds, <strong>Berlin</strong> Formed by netbank Aktiengesellschaft, Hamburg<br />

RR II R-11305, City of Wilmington / Delaware Formed within context of the Tender Option Program<br />

RR II R-11308, City of Wilmington / Delaware Formed within context of the Tender Option Program<br />

RR II R-11310, City of Wilmington / Delaware Formed within context of the Tender Option Program<br />

Private Banking FlexBond, <strong>Berlin</strong> Issue of new mutual fund by LBB-INVEST, <strong>Berlin</strong><br />

VermögensStruktur Chance / Inhaber-Anteile, <strong>Berlin</strong> Issue of new mutual fund by LBB-INVEST, <strong>Berlin</strong><br />

In the third quarter, the special fund, GSIM Global <strong>Corp</strong>orate Bond Fond, Frankfurt / Main, was renamed GSAM Global <strong>Corp</strong>orate Bond Fonds<br />

INKA, Dusseldorf. At the same time, the administrator of the funds assets changed.<br />

Company disposals and other disposals from the scope of consolidation<br />

Disposals<br />

Albatros Select Fund, Luxembourg Liquidation<br />

BSI Immobilien-Beteiligung GmbH & Co.<br />

Objekt Wilmersdorf oHG, Pöcking Discontinuation of the company<br />

Check Point Charlie Inc., London Acquisition of business operations of Check Point Charlie Inc., London<br />

by Check Point Charlie Ltd., London<br />

ConvertibleBond-INVEST, <strong>Berlin</strong> No balance left in this fund<br />

HILOG Beteiligungs GmbH & Co. Immobilienleasing KG, Munich Following the disposal of the main asset, the operation was discontinued.<br />

Keppler-Global Value-LBB-INVEST, <strong>Berlin</strong> Reduction of holding in this mutual fund to less than 50 % and thus measurement at equity<br />

LBB Reinsurance Ltd. I.L., Dublin Business activities were transferred to LBB Re Luxemburg S.A., Luxembourg.<br />

LBB-Spezialsituationen-Fonds, <strong>Berlin</strong> Liquidation<br />

LBB-TopPick-Fonds, <strong>Berlin</strong> Liquidation<br />

LINGOHR-ALPHA-SYSTEMATIC-LBB-INVEST, <strong>Berlin</strong> Reduction of holding in this mutual fund to less than 50 % and thus measurement at equity<br />

Private Banking Flex Bond, <strong>Berlin</strong> Reduction of holding to less than 20 % and thus recognition as an interest under IAS 39<br />

Wilkendorf Golf Betriebsgesellschaft mbH, Altlandsberg Disposal of shares<br />

Other companies included in the scope of consolidation<br />

With a contract dated 22 December 2008 and effect in rem from 31 December 2008 / 1 January 2009, <strong>Landesbank</strong> <strong>Berlin</strong> AG sold its<br />

100 % stake in <strong>Landesbank</strong> <strong>Berlin</strong> Investment GmbH, <strong>Berlin</strong>, to <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG. The Group’s scope of consolidation remains<br />

unaffected by this.<br />

The changes in the scope of consolidation did not have a material effect on the net assets, financial position and results of<br />

operations of the Group.<br />

Consolidated Financial Statements<br />

Notes<br />

121


Notes to the Financial Statements<br />

6 Segment reporting<br />

The <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> Group is a universal bank; its business activities comprise the four business areas described below.<br />

Segment results are presented in line with business areas; there is no secondary segment reporting level.<br />

Description of segment results<br />

At € 365 million, net interest income in the Retail Banking segment was 7.0 % or € 24 million higher than the figure from the previous<br />

year. This includes extraordinary income from the initial public offering of the credit card provider VISA totalling € 19.4 million, positive<br />

effects from the third-party card business (€ + 8.7 million), and negative special factors due to the expansion in the sales financing business<br />

(€ – 7.9 million).<br />

The volume as at the balance sheet date, particularly that of deposits, grew by 6 % as against 31 December 2007. This was due to<br />

the crisis on the financial markets, since the increased need for security among customers led to return flows of deposits to the <strong>Berlin</strong>er<br />

Sparkasse. At the same time, new business in approved general-purpose loans rose by 14.7 % and new business in mortgage loans made<br />

available increased by 10.3 % as against the previous year’s results.<br />

In 2008, net commission income was 1.0 %, or € 2 million, up on the previous year’s level as a result of increased income from<br />

credit card business. A significant portion of net commission income was earned in the securities business, yet it remained 13.1 % below<br />

the result of the previous year. As a result of the difficult market environment, the Retail Banking segment saw a 8.3 % decline in the level<br />

of internal certificates to € 865 million as against 31 December 2007. In 2008, gross unit sales of € 254 million were below the value of the<br />

previous year of € 351 million (– 27.6 %). Unit sales of insurance products developed well, with a 15.3 % year-on-year increase in net policy<br />

premiums. The national credit card business (co-branding) shows growth both in higher commission income and above-average growth<br />

in terms of credit cards (+ 15.9 %).<br />

Allowance for losses on loans and advances was negatively impacted by portfolio-based allowances required in line with IFRS<br />

totalling € 7.6 million for the considerably increased volume of consumer loans, and was increased by the added consumer loans portfolio<br />

assumed from BHW Bank.<br />

Due to the increase in business (third-party cards and consumer loans portfolio in sales financing), administrative expenses were,<br />

at € 412 million, up slightly by € 3 million on the previous year’s figure. The increase in employee capacity (+ 75) resulted both from taking on<br />

trainees and from external appointments in connection with the transfer of employees from the acquired BHW portfolio.<br />

The Regional <strong>Corp</strong>orate Banking segment consolidated its strong market position. One contributing factor was the growth in<br />

interest-bearing loans and advances to customers, which rose by an average for the year of 10 %. However, due to repayment of short-term<br />

loans, the segment assets recognised as at 31 December 2008 were below the level of the previous year. Customer deposits also<br />

increased by 13 % as against the previous year. This was also reflected in the increase in segment liabilities.<br />

The number of customers increased by almost 1,000 customers to approximately 63,400. In spite of a highly competitive environment,<br />

net interest income increased by 3.6 % to reach € 114 million. As in the previous year, the segment benefited from positive developments<br />

in the allowance for losses on loans and advances. Net commission income was up from the previous year’s figure, since in 2008 income<br />

from export financing was presented in the Regional <strong>Corp</strong>orate Banking segment for the first time rather than in the Capital Markets<br />

segment as previously. As a result, administrative expenses increased as against the previous year – adjusted for this effect, there was an<br />

overall decrease. Other operating income increased due to the disposal of an asset in the HILOG participation.<br />

The global financial crisis had a huge impact on the activities and result of the Capital Markets segment in financial year 2008.<br />

Market jitters left their mark on all activities in the segment through limited liquidity, huge increases in risk premiums (credit spreads) and<br />

extreme volatility on the interest and share markets. This led to losses in trading and remeasurement losses for asset items as a result<br />

of markets no longer functioning. In contrast, income from customer business remained virtually unchanged.<br />

The development of the credit spreads led to considerable remeasurement losses in our various investment strategies (e.g. tender<br />

option program, asset backed securities, credit investment portfolio), which were recognised only partially in terms of income.<br />

Despite the wide range of strategies and portfolios, trading activities also suffered enormously, although here the losses were limited<br />

by timely risk-reducing measures. The constant, non-volatile income from customer business and income revenue from investment strategies<br />

failed to compensate for the trading and remeasurement losses incurred.<br />

122


Capital Markets generated an operating loss of € 391 million, down € 380 million on the figure for the previous year.<br />

Due to impairments on exposures with Lehman Brothers, Washington Mutual, Icelandic banks and funds, net income from financial<br />

assets experienced a negative impact of € – 293 million (2007: € – 26 million).<br />

Moreover, the collapse of Lehman Brothers meant that additions to write-downs on loans and advances were necessary. There was<br />

a corresponding increase in allowance for losses on loans and advances which, at € 53 million, was up € 83 million year-on-year. This<br />

includes write-downs on securitised US mortgage loans (CDO of ABS) and, to a lesser amount, value allowances for country risks from the<br />

Ukraine and Kazakhstan.<br />

Net interest income developed extremely positively, increasing to € 381 million (up € 251 million on 2007), primarily due to money<br />

market activities.<br />

At € – 284 million (previous year: € – 41 million), net income from financial instruments recognised at fair value through profit or loss<br />

was down heavily as a result of high exchange losses, particularly in the second half of the year.<br />

In 2008, an income settlement from the reassignment of export financing to the Regional <strong>Corp</strong>orate Banking segment (€ – 14 million)<br />

was undertaken for the first time. At € 30 million, net fee and commission income was down € 8 million as against the year 2007 (after<br />

adjustment for the above income settlement), mainly resulting from falling brokerage income.<br />

Administrative expenses decreased by € 21 million to € 152 million due to rigorous implementation of the agreed saving measures<br />

and the reassignment of export financing to the Regional <strong>Corp</strong>orate Banking segment.<br />

The measures to attract new customers and intensify sales were expanded at all times in 2008 and led to a further increase in the<br />

number of clients. The outstanding certificate volume fell to € 2.3 billion in the course of the financial crisis. Gross sales of certificates<br />

amounted to € 1.2 billion as at 31 December 2008. Growth in the special and mutual funds of LBB-INVEST did not continue in 2008. The<br />

fund volume decreased from € 12.8 billion as at 31 December 2007 to € 10.3 billion as at 31 December 2008. The decline in the mutual<br />

fund volume to € 3.4 billion is mainly attributable to price losses on the share markets.<br />

Lending volumes in international lending business, which is essentially covered by state export credit agencies (ECA), grew significantly<br />

over the course of the year. With the escalation of the financial crisis, limits and thus new business were scaled back in the fourth<br />

quarter. Net operating interest and commission income were up on the previous year.<br />

The Real Estate Financing segment generated pleasing operating earnings of € 259 million in the reporting period, representing a<br />

5.3 % year-on-year increase (€ 246 million as at 31 December 2007). In the process, the balance of net interest income and net income<br />

from financial instruments recognised at fair value through profit or loss rose by € 33 million. One contributing factor to the positive development<br />

in provisions for losses on loans and advances was extraordinary reversals, which significantly exceeded newly created provisions.<br />

Net commission income improved by 73.7 % year-on-year to € 33 million.<br />

Despite the difficult market environment, new business – at around € 6.7 billion – once again exceeded the figure for the previous<br />

year of around € 6.6 billion (excluding non-recurring transactions of € 3.6 billion). The positive development in new business of previous years<br />

was continued though rigorous deployment of market opportunities. The breakdown of new business in terms of property use, lending<br />

areas and customer segments and the development of new business margins was consistent with the segment’s objectives. The segment’s<br />

strategy of risk limitation was still systematically observed.<br />

The customer receivables portfolio increased by € 1 billion in the core business of Real Estate Financing in the reporting period.<br />

In the German market, the Real Estate Financing segment is thus firmly established as one of the leading providers.<br />

The Group management and service functions, the balance sheet structure management and the consolidation items in the Group<br />

are shown under Other / Consolidation. Other items reported in this segment include non-interest-bearing balance sheet items, such<br />

as non-current assets and the associated write-downs in administrative expense in the amount of € 32 million (previous year: € 33 million).<br />

The operating profit in the reporting period increased by € 44 million year-on-year to € – 84 million.<br />

The number of employees in the Other / Consolidation segment is 2,513, as compared to 2,083 in the previous year. 1,158 of these jobs<br />

(31 December 2007: 1,190) relate to head office staff (including organisation and IT), and 1,332 of them relate to back office positions,<br />

which include both BankenService GmbH and also, since 1 July 2008, the back office positions at the credit units in the Regional <strong>Corp</strong>orate<br />

Banking, Capital Markets and Real Estate Financing segments. In addition, there are also some employees in other Group companies<br />

included in the Other / Consolidation segment. The reclassification of back office positions is the reason for the increase in the number of<br />

employees as at 31 December 2008 in comparison to the previous year. There is a corresponding decrease in the number of employees<br />

in the Regional <strong>Corp</strong>orate Banking, Capital Markets and Real Estate Financing segments. Because services were recharged, these<br />

reclassifications did not have any impact on the overall results of the segments concerned.<br />

Consolidated Financial Statements<br />

Notes<br />

123


Notes to the Financial Statements<br />

Segment Results<br />

in € million<br />

Retail Banking<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007 1)<br />

Regional<br />

<strong>Corp</strong>orate Banking<br />

1.1. – 31.12.<br />

2008 7)<br />

1.1. – 31.12.<br />

2007 1)<br />

Net interest income 365 341 114 110<br />

Allowance for losses on loans and advances 1) 37 26 – 9 – 25<br />

Net interest income after risk provisioning 328 315 123 135<br />

Net commission income 200 198 41 29<br />

Net income from hedge accounting<br />

Net gain from financial instruments recognised at fair value through profit or loss<br />

Net income from financial assets<br />

Net income from investments carried at equity 5 4<br />

Other operating income 4 9 28 6<br />

Administrative expenses 412 409 92 88<br />

of which normal depreciation and amortisation 13 12 2 4<br />

Operating profit before restructuring 125 117 100 82<br />

Restructuring expenditure and income (net)<br />

Operating profit / earnings before taxes 125 117 100 82<br />

Segment assets 2) 4,972 4,031 5,355 5,863<br />

Segment liabilities (not including shareholders’ equity) 2) 12,358 11,489 5,267 4,699<br />

Risk items in accordance with the German Banking Act (reporting date) 3) 3,334 2,652 3,130 4,234<br />

Capital resources in accordance with SolvV 267 k. A. 250 k. A.<br />

Tied-up equity (average) 1) 4) 242 245 232 263<br />

Employee capacity (reporting date) 7) 2,330 2,255 293 636<br />

Return on equity 1) 5) 51.7 % 47.8 % 43.1 % 31.2 %<br />

Cost-income ratio 5) 71.8 % 74.1 % 50.3 % 60.7 %<br />

1) Figures for the previous year: changed presentation for tied-up equity and allowance for losses on loans and advances; see also explanations under “notes 6”<br />

2) Segment assets / liabilities not including tax items<br />

3) 2008 in accordance with the SolvV (12.5 x required capital resources); 2007 in accordance with KWG<br />

4) For the Group as a whole, the average IFRS equity is recognised; in the segments, the capital required according to financial procedures.<br />

5) Calculated with rounded figures in € million<br />

6) 2007 including expenses for the repayment of „dormant participations“; no such expenses for 2008<br />

7) The back office of the credits area of Regional <strong>Corp</strong>orate Banking, Capital Markets and Real Estate Financing have been reported under “Other/consolidation” since July 1, 2008;<br />

This changed the reported employee capacity but had no overall effect on income as this was charged back to the customer business areas concerned.<br />

Methods and changes in line with IAS 8<br />

Income and expenses are allocated to segments in accordance with the principle of causality. In order to allocate third-party net interest<br />

income to the segments, the market interest rate method is applied for interest, supplemented by net interest income from the application of<br />

the IFRS accounting policies on which the consolidated financial statements are based. For each product, a margin result is calculated as<br />

the difference between the customer interest rate and an internal interest rate on an individual transaction basis. <strong>Berlin</strong> Hyp uses derivatives<br />

to manage its interest rate risk. The changes in the carrying amount of these derivatives has been shown in “Other / Consolidation” since<br />

1 January 2006. Interest-induced changes in host contracts from issues that have to be separated are charged directly to equity between<br />

the Capital Markets and Other / Consolidation segment. Income tax assets / liabilities are not included in segment assets / liabilities.<br />

All other income and credit risk provisions are allocated to the segments on a counterparty basis. The administrative expense consists<br />

of staff costs, other administrative expenses, depreciation of property, plant and equipment and amortisation of other intangible assets<br />

(excluding goodwill). Inter-segment services are recognised at full cost by way of cost allocation. Within staff costs, the interest effect on the<br />

transfer of pensions reserves is now allocated to the “Other / Consolidation” segment, where the provisions are also invested.<br />

Segment assets include the balance sheet assets of the respective segment. For the segments operating in the area of banking<br />

business, these are essentially loans and advances to customers; in Capital Markets, these also include loans and advances to banks,<br />

financial assets (securities), assets held for trading and positive fair values of derivatives. Accordingly, segment liabilities are defined as<br />

balance sheet liabilities, i.e. primarily amounts due to customers and, in Capital Markets, deposits by banks and securitised debt as well<br />

as liabilities held for trading and negative fair values of derivatives.<br />

The risk positions for 2007 consist of the risk assets and the market risks in accordance with Principle I on Article 10 KWG. For 2008,<br />

they are shown as 12.5 x required capital resources in accordance with the SolvV. LBB provides the segments with the capital required<br />

according to economic procedures and calculates the investment benefit, which is included in the net interest income of the respective<br />

segment. LBB uses an interest rate corresponding to a risk-free, rolling long-term investment on the capital market. The average equity<br />

124


Capital Markets Real Estate Financing Other / Consolidation 6) GROUP<br />

1.1. – 31.12.<br />

2008 7)<br />

1.1. – 31.12.<br />

2007 1)<br />

1.1. – 31.12.<br />

2008 7)<br />

1.1. – 31.12.<br />

2007 1)<br />

1.1. – 31.12.<br />

2008 7)<br />

1.1. – 31.12.<br />

2007 1)<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007 1)<br />

381 130 319 259 68 – 25 1.247 815<br />

53 – 30 – 37 – 38 19 – 1 63 – 68<br />

328 160 356 297 49 – 24 1.184 883<br />

30 52 33 19 – 2 – 1 302 297<br />

– 4 – 10 2 – 4 1 – 18 3<br />

– 284 – 41 21 48 – 81 – 52 – 344 – 45<br />

– 293 – 26 – 7 8 – 8 14 – 308 – 4<br />

– 19 8 – 4 – 18 12<br />

3 9 – 15 – 6 119 101 139 119<br />

152 173 119 122 165 173 940 965<br />

7 8 8 9 32 33 62 66<br />

– 391 – 11 259 246 – 96 – 134 – 3 300<br />

12 6 12 6<br />

– 391 – 11 259 246 – 84 – 128 9 306<br />

68,388 68,921 50,910 49,630 14,734 12,840 144,359 141,285<br />

64,546 58,106 41,356 40,367 19,709 24,424 143,236 139,085<br />

17,699 21,850 14,835 18,581 2,152 3,174 41,150 50,491<br />

1.416 k. A. 1.187 k. A. 172 k. A. 3.292 k. A.<br />

1.064 893 865 683 – 147 753 2.256 2.837<br />

426 454 437 537 2,513 2,083 5,999 5,965<br />

neg. neg. 29.9 % 36.0 % 0.0 % 0.0 % 0.4 % 10.8 %<br />

neg. > 100 % 34.9 % 37.0 % 0.0 % 0.0 % 94.0 % 80.6 %<br />

capital tie-up is reported for each segment. This subsequently forms the reference base for determining the return on equity, which is<br />

calculated for the segment results before taxes. At Group level, the average IFRS equity forms the reference base for calculating the return<br />

on equity.<br />

The number of employees reported is the employee capacity (converted to full-time employees, not including trainees and<br />

apprentices) at the balance sheet date.<br />

The cost-income ratio is calculated as the ratio of administrative expenditure and the total of net interest income, net commission<br />

income, net income from hedges, net gain from financial instruments recognised at fair value through profit or loss, net gain from financial<br />

investments, net income from investments carried at equity and other operating income.<br />

In the segment reporting for 2007, the following matters led to adjustments in line with IAS 8:<br />

Consolidated Financial Statements<br />

The method for determining reversals of impairment losses on receivables was refined further in financial year 2008. More detailed<br />

information was therefore available, allowing for a differentiated assessment of individual cases. In applying this refined method, reversals<br />

of impairment losses were also identified relating to 2007 (€ 14.8 million), 2006 (€ 7.7 million) and 2005 (€ 0.6 million). Amounts relating to<br />

the previous years are adjusted in accordance with IAS 8.42. The amount relating to financial year 2007 led to changes in reporting for<br />

risk provisioning on loans and advances in the Real Estate Financing segment (€ – 6.2 million), the Retail Banking segment (€ –5.5 million),<br />

the Regional <strong>Corp</strong>orate Banking segment (€ – 2.7 million) and the Capital Markets segment (€ –0.4 million).<br />

Starting in 2008, the return on Group equity is calculated on the basis of average equity according to IFRS. Capital required according to<br />

financial procedures is recognised in the segments. The figures for the previous year, 2007, have been adjusted accordingly.<br />

For 2007, expenses for the repayment of dormant participations are recognised in the “Other / Consolidation” segment. There were<br />

no such expenses for 2008.<br />

Notes<br />

125


Notes on Accounting Policies<br />

7 Financial instruments<br />

The Group recognises all financial instruments, including financial assets and liabilities, in line with IAS 39. On initial measurement, all financial<br />

instruments are measured at cost on their addition, which is the fair value of the amount given or received in exchange for the financial<br />

instrument. Both primary financial assets and primary financial liabilities are carried in line with their carrying amount, partly at amortised cost<br />

and partly at fair value. Derivative financial instruments are measured solely at fair value. Specific subsequent measurement is based on<br />

which category these financial instruments are assigned to. First-time recognition of financial instruments is as of the trade date (trade date<br />

accounting).<br />

Financial instruments are broken down by class. In addition to distinguishing between financial assets, liabilities and equity, a key<br />

feature of categorisation is subsequent measurement at either fair value or amortised cost. There is also a further breakdown.<br />

7.1 Categorisation of financial assets and liabilities<br />

The Group assigns financial assets and liabilities to the (measurement) categories shown below. However, there are differences in the<br />

reporting of financial assets and liabilities, so categories do not correspond directly to balance sheet items. A reconciliation of the respective<br />

carrying amounts per category can be found in note 62 of this report. Information on permissible changes made in classification into these<br />

categories (re-categorisations) can also be found here.<br />

Loans and Receivables (L & R)<br />

Loans made directly to debtors and receivables due directly from debtors are allocated to this category. The Group reports these under<br />

loans and advances to banks and loans and advances to customers. Acquired loans and receivables and securities are also shown in this<br />

category if they are not traded in an active market (e.g. ABS securities). These are reported under financial assets.<br />

Measurement is made at amortised cost less impairment. Premiums and discounts are recognised in income over their term as net<br />

interest income in line with the effective interest method. In the case of re-categorised financial instruments which were previously shown<br />

as AfS, the net income from re-measurement – previously recognised in the revaluation reserve – is recognised over the term as net interest<br />

income / is immediately eliminated in the income statement on disposal of the financial assets.<br />

Held-to-maturity (HtM)<br />

As of this financial year, bonds and other fixed-interest securities which have a fixed duration and are held until the maturity date are<br />

reported in this category for the first time. The intention to hold also includes the ability to hold the securities until maturity. The Group<br />

reports securities in this category exclusively under financial assets. They only include new business – there were no reclassifications into<br />

this category.<br />

They are measured at amortised cost. Premiums and discounts are recognised in income over their term, as are interest payments,<br />

as net interest income in accordance with the effective interest rate method.<br />

Financial assets and liabilities recognised at fair value through profit or loss<br />

Assets and liabilities held for trading (HfT)<br />

All financial assets and liabilities held for trading purposes are assigned to this sub-category. These are primary financial instruments –<br />

bonds and other fixed-income securities, shares and other non-fixed-income securities – and trading book derivatives with a positive fair<br />

value (assets held for trading) on the one hand and obligations from short sales of securities as well as derivative financial instruments<br />

with negative fair values (liabilities held for trading) on the other. Investment book derivatives are also assigned to assets or liabilities held<br />

for trading. Derivative financial instruments used in IAS 39 hedge accounting are not assigned to this category.<br />

Assets and liabilities held for trading including investment book derivatives are reported on the balance sheet under assets and<br />

liabilities recognised at fair value through profit and loss. They are measured at fair value at each balance sheet date. Gains and losses<br />

on remeasurement and current interest, commission and dividend payments are recognised under net income from financial instruments<br />

recognised at fair value through profit or loss.<br />

126


Financial assets and liabilities designated at fair value (fair value option)<br />

The Group uses the fair value option and designates selected financial assets and liabilities at fair value. For assets, the fair value option is<br />

applied to bonds and shares if these are managed on a fair value basis or in order to avoid measurement incongruencies in economic<br />

hedges (accounting mismatches). The liabilities are securitised debt containing separable embedded derivatives are designated using the<br />

fair value option. In addition, the fair value option was used for selected securitised liabilities and liability promissory notes if they are hedged<br />

by derivative transactions but are not suitable for effective IAS 39 hedge accounting and there was therefore an accounting mismatch.<br />

Financial instruments assigned to this sub-category are recognised at fair value in first-time and subsequent measurement. They are<br />

also a component of the balance sheet item for financial instruments measured at fair value through profit or loss. Gains and losses on<br />

remeasurement are taken directly to the corresponding income item. Current interest and dividend payments and commission from these<br />

financial instruments are reported in net interest and net commission income.<br />

Financial assets available for sale (AfS)<br />

This category covers the non-derivative financial assets that are not allocated to any of the above categories. These essentially include<br />

interest-bearing securities, shares, investments and associated companies not included in consolidation or carried at equity. They are<br />

reported under financial assets. The Group also assigns loans for which there is an active market to the AfS category. They are reported<br />

under loans and advances to banks and loans and advances to customers.<br />

Assets are measured at cost on the date of acquisition. Subsequent measurement is at fair value – with the exception of non-listed<br />

equity securities. Changes in value that are not impairment are recognised separately in equity (revaluation reserve). On disposal of the<br />

financial asset, the cumulative net gain or loss on remeasurement recognised in the revaluation reserve is reversed and reported under net<br />

income from financial assets. In the event of impairment, the revaluation reserve is corrected directly and the impairment amount is taken to<br />

net income from financial assets. Reversals of impairment on borrowing securities are shown in income and reversals of impairment on<br />

equity securities are shown in equity. Premiums and discounts are recognised in income over their term – as are interest and dividend payments<br />

– as net interest income in accordance with the effective interest rate method.<br />

Other financial liabilities (OL)<br />

This category includes all primary financial liabilities that are not held for trading or designated at fair value. They are reported in the balance<br />

sheet as deposits by banks and amounts due to customers, securitised debt, other liabilities and subordinated capital.<br />

They are measured at amortised cost. Premiums and discounts are recognised in income over their term, as are interest payments,<br />

as net interest income in accordance with the effective interest rate method.<br />

7.2 Receivables<br />

Consolidated Financial Statements<br />

Receivables are broken down into loans and advances to banks and loans and advances to customers. They include mortgage loans,<br />

public-sector loans, loans secured by real estate liens and other loans – lending business – and receivables from money market business.<br />

Receivables covered by the detailed agreement with the State of <strong>Berlin</strong> are allocated to public-sector loans due to the guarantee for these<br />

loans by the State of <strong>Berlin</strong>. They are predominantly measured at amortised cost, thereby taking into account any premiums / discounts.<br />

Any valuation allowances required are reported in the balance sheet item for allowance for losses on loans and advances. A small group of<br />

receivables are part of the AfS category and are therefore measured at fair value. The fair value is calculated by determining the present<br />

value of contractually agreed cash flows discounted using a risk-adjusted market interest rate based on the respective partner’s credit rating.<br />

Projected cash flows (e.g. interest or principal payments, realisation of collateral) are applied for impaired receivables.<br />

Selected receivables are used in the context of hedge accounting as hedged items in micro fair value hedges. The carrying amounts<br />

of these receivables are adjusted for the book gain or loss attributable to the hedged risk; this is recognised in net income from hedge<br />

accounting.<br />

Premiums and discounts are recognised in net interest income over the term of the related assets in line with the effective interest<br />

method. Deferred interest on receivables as well as unamortised premiums and discounts are included as part of the receivables balance<br />

within the relevant balance sheet line item.<br />

Financial assets voluntarily measured at fair value (fair value option) are not reported under receivables.<br />

Notes<br />

127


Notes on Accounting Policies<br />

7.3 Write-downs of receivables<br />

The Group takes account of the risks from on-balance sheet loans and advances by recognising specific allowances for impairment losses,<br />

portfolio-based allowances for impairment losses and specific impairment allowances calculated on a portfolio basis.<br />

Specific allowances for impairment losses<br />

Significant receivables are considered on a case-by-case basis. If there is an indication of impairment (breach of contract, concessions<br />

to borrowers on account of financial difficulties, insolvency, other restructuring measures or financial difficulties on the part of the issuer or<br />

debtor) this is recognised taking the expected default into account. Specific allowances for impairment losses are reversed as soon as<br />

either the value of the receivable is decreased by inflows, additional collateral is pledged, or the value of the collateral or the credit rating<br />

of the borrower shows a fundamental and sustained improvement.<br />

Portfolio-based allowances for impairment losses<br />

In the case of portfolios of receivables for which no specific allowances for impairment losses have been recognised, portfolio-based<br />

allowances for impairment losses are recognised for general credit risks (e.g. general economic risks) and transfer risks (valuation allowances<br />

for country risks). The basis of measurement is the entire portfolio of receivables, less receivables that have already been subject<br />

to a specific allowance for impairment losses. Corresponding probabilities of default, calculated using ratings and scorings, are applied<br />

to the basis of measurement.<br />

Financial instruments which were previously recognised at fair value and are now measured at amortised cost as a result of reclassification<br />

during the financial year (see note 62), are included in portfolio-based allowances for impairment losses. The methods applied for<br />

them remain the same following the increased portfolios to be considered.<br />

Specific impairment allowances calculated on a portfolio basis<br />

Non-significant receivables with the above indications of impairment and receivables subject to legal uncertainty are combined into narrowly<br />

defined portfolios and measured as groups of receivables using a standard method.<br />

If necessary, allowances for off-balance sheet transactions (loan commitments, guarantees, letters of credit, liabilities in relation to<br />

bills) are accounted for using a provision for risks from loans and advances or included in the portfolio-based allowances for impairment losses.<br />

Non-collectable receivables are written down directly. Recoveries on loans previously written down are recognised in income.<br />

Further information can be found in Risk Management.<br />

7.4 Liabilities<br />

Financial liabilities are broken down into deposits by banks and amounts due to customers, securitised debt and subordinated capital and<br />

reported accordingly. Some financial liabilities are also recognised under other equity and liabilities. Financial liabilities are reported at amortised<br />

cost. Premiums and discounts are recognised in net interest income over the term of the related assets in line with the effective interest<br />

method. Deferred interest is reported as part of the respective liability in the balance sheet. When buying back own bonds, securitised debt<br />

is reported as net in the balance sheet. Any gains or losses between the carrying amount and the cost (fair value) on buying back bonds<br />

are reported under net interest income.<br />

Selected financial liabilities are designated in the context of hedge accounting as hedged items in micro fair value hedges. The<br />

carrying amounts of these liabilities are adjusted for the book gain or loss attributable to the hedged risk; this change in value is recognised<br />

in net income from hedge accounting.<br />

Financial liabilities voluntarily measured at fair value (fair value option) are not reported under liabilities.<br />

7.5 Financial instruments recognised at fair value through profit or loss<br />

This balance sheet item is divided into held for trading financial instruments on the one hand – including financial assets and liabilities held<br />

for trading and non-trading book derivative transactions – and fair value option financial instruments on the other. Financial instruments in<br />

this category with positive fair values are reported as financial assets recognised at fair value through profit and loss, those with negative fair<br />

values are reported as financial liabilities recognised at fair value through profit and loss.<br />

Derivatives used in hedge accounting are reported separately as positive and negative fair values of hedging derivatives.<br />

128


7.6 Embedded derivatives<br />

Embedded derivatives are derivative financial assets or liabilities that are not independent instruments but are components in structured<br />

financial instruments. These are usually structured products that consist of an interest-bearing host contract not held for trading purposes<br />

and one or more derivatives. These individual components form an inseparable legal and economic entity.<br />

In the Group, separable embedded derivatives were identified in structured issues of equity securities as well as structured interest<br />

rate issues with an inherent credit risk (credit-linked notes).<br />

If these derivatives are separated, the host contract is assigned to the OL category, measured at amortised cost and reported<br />

under securitised debt. In contrast, separated derivatives belong in the HfT sub-category, are measured at fair value and reported under<br />

assets held for trading. Without exception, structured financial instruments containing embedded derivatives and which were added after<br />

31 December 2005 were designated as financial instruments recognised at fair value through profit or loss. Separation of the components<br />

is not possible in such cases and instead the entire structured financial instrument is measured at fair value and reported in the balance<br />

sheet in the appropriate category.<br />

7.7 Hedge accounting<br />

The rules of IAS 39 allow the presentation of economic hedges under restrictive conditions. It proposes three concepts for presenting<br />

hedge accounting. Of these, the Group uses micro fair value hedging and macro cash flow hedging.<br />

Micro fair value hedge accounting<br />

In micro fair value hedges, the Group hedges the fair value of financial instruments against fluctuations arising from changes in reference<br />

interest rates or currencies. Among other things, this affects the Group’s issuing business and fixed-interest securities used in liquidity<br />

management. Interest rate swaps, currency swaps and interest rate-currency swaps are used in these hedges.<br />

Consolidated Financial Statements<br />

Hedging derivatives are reported in the balance sheet under positive or negative fair values of derivative hedging instruments<br />

respectively and measured at fair value. Measurement differences are taken in full to net income from hedge accounting. For L & R / OL<br />

hedged items, the carrying amount in the balance sheet is adjusted for the change in fair value resulting from hedged (interest rate) risk<br />

(hedge adjustment). This change in value is recognised in net income from hedge accounting. For AfS hedged items, the hedge adjustment<br />

is also reported under net income from hedge accounting while the remainder of the change in value – the component not due to the<br />

hedged interest rate risk – is recognised in equity in the revaluation reserve.<br />

As this balance sheet treatment is dependent on the effectiveness of micro fair value hedges, the Group performs effectiveness<br />

tests. It does this using the dollar offset method on a cumulative basis and regression analysis. The fair value changes in the hedging<br />

instrument (derivative) and the hedged item are compared over all past reporting periods since the inception of the hedge relationship.<br />

In a prospective effectiveness test, fair values are calculated to the end of the term of the hedging instrument and the hedged item on the<br />

basis of market data scenarios (+ 100 bp shift) or a critical term match is carried out.<br />

Macro cash flow hedge accounting<br />

In a macro cash flow hedge, the Group uses interest rate swaps to hedge against cash flow fluctuations due to variable interest rates on<br />

loans, securities and liabilities used in asset / liability management.<br />

All the interest rate derivatives used and designated for this are recognised as positive or negative fair values of hedging instruments<br />

at fair value. Provided that they do not exceed the hedged items (the effective portion), cumulative changes in value are recognised in equity<br />

in the revaluation reserve for cash flow hedges. If the total cumulative changes in value of the hedged derivative exceed the total changes<br />

in value of the hedged item (ineffective portion), the difference is recognised under net trading income.<br />

The general accounting rules do not change for the hedged items.<br />

The change in fair value of cash flows method is used to test the effectiveness of macro cash flow hedges. In the prospective test,<br />

expected cash flows from the hedging instrument and the hedged item are compared for the corresponding maturity bands. Retrospectively,<br />

the Group checks that effectiveness is within a range of 80 % – 125 % using the hedge ratio of actual cash flows from the hedging<br />

instrument and the hedged item.<br />

Notes<br />

129


Notes on Accounting Policies<br />

7.8 Financial assets<br />

Financial assets include all bonds and other fixed-income securities, shares and other non-fixed-income securities, investments and investments<br />

in associates (not measured at equity) and investments in unconsolidated subsidiaries that are not held for trading. These assets<br />

are generally in the AfS category. In addition, financial assets include bonds and asset-backed securities categorised as loans and receivables<br />

that are not traded on an active market. Furthermore, bonds and other fixed-interest securities are recognised as financial assets in the<br />

HtM category.<br />

AfS assets are measured at fair value. The changes in value are recognised in the revaluation reserve in equity until disposal. If the<br />

fair value of equity securities cannot be reliably measured, they are carried at cost. Bonds and asset-backed securities are measured at<br />

amortised cost as long as they are categorised as L & R or HtM.<br />

All financial instruments received are regularly tested for material permanent impairment. If there is any corresponding impairment,<br />

the amount is recognised in the income statement in net income from financial assets. For debt securities, the impairment loss is reversed<br />

to amortised cost, also in net income from financial assets. Impairment losses on equity securities cannot be reversed to the income<br />

statement when the reason for impairment ceases to exist; instead they are taken directly to the revaluation reserve in equity and eliminated<br />

in the income statement upon disposal, in net income from financial assets. The reversal of impairment is generally not permitted for equity<br />

securities measured at amortised cost.<br />

7.9 Securities repurchase and securities lending agreements<br />

Repurchase agreements (repo agreements)<br />

Repo agreements are a combination of regular purchases or regular sales of securities with a simultaneous agreement to forward sale or<br />

repurchase with the same counterparty. The securities sold under repo agreements (regular way sales) continue to be recognised and<br />

measured as securities in the consolidated balance sheet. The liquidity from the repo agreement is recognised under deposits by banks<br />

or amounts due to customers. Agreed interest payments are recognised as interest expenses.<br />

In reverse repo agreements, the securities received (regular way purchases) are not recognised by the Group. The resulting out flows<br />

of liquidity are recognised as loans and advances to banks or customers and measured accordingly. Agreed interest is recognised as<br />

interest income.<br />

Securities lending transactions<br />

Securities lending agreements are entered into with banks and with customers. The securities lent by <strong>Landesbank</strong> <strong>Berlin</strong> are reported under<br />

securities, whereas the securities lent to <strong>Landesbank</strong> <strong>Berlin</strong> are not recognised in the balance sheet. Cash collateral provided for securities<br />

lent by <strong>Landesbank</strong> <strong>Berlin</strong> is reported under receivables, whereas collateral received for securities lent to <strong>Landesbank</strong> <strong>Berlin</strong> is reported<br />

under liabilities. The income and expense resulting from securities lending agreements is included in the income statement as net interest<br />

income.<br />

7.10 Financial guarantees<br />

Financial guarantees are agreements whereby the Bank, as the guarantor, is under obligation to make certain payments to compensate<br />

the guaranteed party for losses arising because a certain obligor does not meet its payment obligations as per the original or amended<br />

conditions of a debt instrument on time. Financial guarantees can include bank guarantees, credit guarantees and letters of credit.<br />

The Bank measures financial guarantees at fair value on first-time recognition. The fair value of financial guarantees issued as<br />

part of a transaction conforming to market terms is equal to the premium for granting the guarantee (IAS 39.43 in conjunction with<br />

IAS 39.AG 4 (a)). The net method is used. If payment of the premium to the guarantor is spread over the term of the financial guarantee,<br />

it is carried at nil and the respective premium payment is recognised. Financial guarantees against one-off payments are deferred pro<br />

rata over the full term of the financial guarantee.<br />

The financial guarantee is recognised at the higher of measurement in line with IAS 37 and the value calculated in first-time<br />

measurement amortised under IAS 18 at subsequent balance sheet dates.<br />

130


8 Cash<br />

Public-sector debt instruments are measured at fair value. All other items (cash in hand and credit at central banks) are reported at<br />

nominal amount.<br />

9 Investments carried at equity<br />

Investments in associates and joint ventures carried at equity are reported in this category.<br />

Associates as defined by IAS 28 are investments over which an investor has the power to exert significant influence without there<br />

being joint control. Joint ventures as defined by IAS 31 are contractual agreements whereby two or more parties undertake an economic<br />

activity which is subject to joint control.<br />

31.12.2007 Additions Disposals 31.12.2008<br />

Joint ventures (IAS 31) – carried at equity 1 0 0 1<br />

Associated companies (IAS 28) – carried at equity 3 0 1 2<br />

Special purpose and publicly issued funds – carried at equity 2 3 3 2<br />

Total 6 3 4 5<br />

Investments carried at equity are initially reported at cost and, in subsequent periods, their carrying amount changes in line with the investor’s<br />

share in its net profit or loss for the period. Changes in the equity of the associate or joint venture also result in changes in its carrying<br />

amount in equity. Distributions by the investment company are recognised in equity and reduce the carrying amount of the investment.<br />

Income from transactions with companies carried at equity are eliminated pro rata.<br />

10 Intangible assets<br />

An intangible asset is an identifiable non-monetary asset without physical substance held for use in the supply of services or for administrative<br />

purposes. Intangible assets are divided into acquired and internally generated intangible assets. In particular, intangible assets<br />

include software, rights, licenses and goodwill. The straight-line amortisation period for such assets – with the exception of goodwill – is<br />

between three and five years.<br />

Intangible assets are reported at historical cost net of straight-line depreciation. Internally generated intangible assets can only<br />

be capitalised if certain conditions of IAS 38.21 and IAS 38.57 are met.<br />

11 Property, plant and equipment<br />

Consolidated Financial Statements<br />

Property, plant and equipment are reported at historical cost net of straight-line depreciation.<br />

The depreciation period is calculated on the basis of the economic life. Any legal or contractual restrictions are also taken into<br />

consideration. Property, plant and equipment is depreciated on a straight-line basis to a residual value of € 1. If there are indications of<br />

impairment in excess of depreciation, impairment tests are carried out in accordance with IAS 36 and any necessary impairment losses are<br />

recognised in the income statement. If the reasons for impairment cease to apply, the impairment is reversed up to the maximum of the<br />

amortised cost.<br />

Notes<br />

131


Notes on Accounting Policies<br />

Depreciation period in years<br />

Owner-occupied buildings and other property, plant and equipment are written down on a straight-line basis over the following periods in<br />

line with their type of use:<br />

Type of use Economic life<br />

Residential and commercial properties (< 10 % commercial share) 60 – 80 years<br />

Residential and commercial properties (> 10 % commercial share) 50 – 70 years<br />

Office buildings, office and commercial properties 40 – 60 years<br />

Car parks, underground garages 40 – 50 years<br />

Operating and office equipment 7 – 25 years<br />

Acquired computer systems 3 – 8 years<br />

The economic useful life of finance lease items is based on the term of the lease agreement, taking into account residual values.<br />

Gains and losses on the disposal of property, plant and equipment are reported under other operating income. Impairment and<br />

write-downs are reported under administrative expenses.<br />

12 Impairment of property, plant and equipment and intangible assets including goodwill<br />

Property, plant and equipment and intangible assets, including goodwill, are tested for impairment at every balance sheet date to determine<br />

whether there are indications of impairment. If such indications exist, the recoverable amount of the asset is calculated in order to determine<br />

the amount of the corresponding impairment loss. The recoverable amount of an asset is the greater of the fair value net of selling costs<br />

and the value in use.<br />

Estimates relating to factors such as cause, date and amount of impairment are also made in calculating the impairment of property,<br />

plant and equipment and intangible assets. The identification of indications of impairment, estimates of future cash flows and the calculation<br />

of the fair values of assets (or groups of assets) entail material estimates that must be made by the management with regard to identifying<br />

and reviewing indications of impairment, expected cash flows, the applicable discount rates, the respective useful lives and the remaining<br />

values.<br />

Impairment is based on a large number of factors, such as changes in current competitive conditions, expectations of growth,<br />

increased cost of capital, changes in the future availability of financing, technological obsolescence, discontinuance of services, current<br />

replacement costs and other changes in circumstances that indicate impairment. The recoverable amount and the fair values are typically<br />

determined using a discounted cash flow method which incorporates reasonable market participant assumptions.<br />

Recognised goodwill is not amortised but checked for impairment. An impairment test is conducted once a year as of the balance<br />

sheet date and whenever there are indications of impairment.<br />

If the recoverable amount of an asset is less than its carrying amount, the asset is written down to the recoverable amount. The<br />

impairment loss is recognised immediately in the income statement; for intangible assets (not including goodwill) this is reported under<br />

administrative expenses, while for goodwill it is reported under other operating income.<br />

If impairment losses are reversed in subsequent periods, the carrying amount of the asset is adjusted to equal the new recoverable<br />

amount. This is restricted, however, such that the carrying amount of the asset cannot exceed what its carrying value would have been had<br />

no impairment taken place. The reversal of impairment is taken directly to profit and loss and is reported in other operating income. Goodwill<br />

impairment cannot be reversed.<br />

132


13 Leases<br />

In accordance with IAS 17, leases are assessed and recognised based on consideration of whether the risks and rewards of ownership of<br />

the leased item are borne by the lessor or by the lessee.<br />

A lease is classified as a finance lease if all the risks and rewards of ownership are substantially transferred to the lessee. All other<br />

leases are classified as operating leases. Leases are classified at their inception.<br />

Group as lessor (operating leases)<br />

If leases are operated by Group companies, economic ownership of the leased item remains with the Group company. The leased items are<br />

reported in the consolidated balance sheet as property, plant and equipment and under investment property. They are recognised at cost<br />

less depreciation over the useful life or impairment losses. Unless otherwise indicated for individual leases, proceeds from leases are recognised<br />

on a straight-line basis over the term of the lease and are included in the income statement within other operating income.<br />

Group as lessee (operating leases)<br />

Economic ownership of assets leased under an operating lease remains with the lessor.<br />

Lease instalments paid for operating leases are reported in full as an expense in the income statement. The expense is recognised<br />

on a straight-line basis over the term of the contract. As with rental payments, lease instalments are calculated on a regular basis in line<br />

with the pattern of benefits received from the lease agreement and reported in the income statement under administrative expenses.<br />

Group as lessor (finance leases)<br />

As of the balance sheet date, there were no finance leases in which the Group is the lessor.<br />

Group as lessee (finance leases)<br />

Assets held under finance leases are recognised as assets of the Group at the lower of fair value and the present value of the minimum<br />

lease payments at the inception of the lease. Both the asset value (leased item) and the associated liability (present value of minimum lease<br />

payments) are reported in its balance sheet.<br />

The leased item is reported in the balance sheet under either property, plant and equipment or investment property and the associated<br />

liability is shown under amounts due to customers or deposits by banks.<br />

The lease instalments to be paid by the Group are divided into a repayment portion (which has no impact on the income statement<br />

when paid as it simply reduces the lease liability) and an interest expense portion (which is recognised directly in the income statement). The<br />

lease payments are divided between interest expense and a reduction of the lease liability such that the remaining liability incurs a constant<br />

rate of interest. Interest expense is recognised directly in the income statement. The repayment portion included in the lease instalments is<br />

deducted from lease liabilities.<br />

The leased items reported as assets are depreciated in the same manner as assets acquired by the Group itself. The depreciation<br />

is disclosed in the same manner as depreciation of non-leased property, plant and equipment or investment property.<br />

14 Investment property<br />

In accordance with IAS 40, investment property refers to property that is held to earn rental income or for capital appreciation. It is not<br />

intended to use these properties to render services or for the entity’s own administrative purposes. In order to distinguish investment<br />

property from owner-occupied property, the following characteristics have been defined:<br />

Investment property generates cash flows that are largely independent of other assets held by the enterprise.<br />

Mixed-use properties in which own use accounts for more than 5 % of total space are classified and reported as owner-occupied property,<br />

plant and equipment in accordance with IAS 16.<br />

Consolidated Financial Statements<br />

Notes<br />

133


Notes on Accounting Policies<br />

The Group has no property held for sale in the ordinary course of business (IAS 2).<br />

In line with the cost model, investment property is carried at historical cost and reported in the balance sheet as a separate item.<br />

It is shown net of straight-line depreciation; it is depreciated to a residual value of € 1. The depreciation period is calculated on the basis of<br />

the economic life. Any agreed legal or contractual restrictions are also taken into consideration. Any impairment in excess of depreciation<br />

is recognised. If the reasons for impairment cease to apply, the impairment is reversed up to the maximum of the amortised cost.<br />

to the entity.<br />

Costs incurred subsequent to initial recognition are capitalised when it is probable that additional future economic benefits will flow<br />

All income and expenses resulting from investment property are recognised under other operating income.<br />

Investment property is depreciated on a straight-line basis over the following periods:<br />

Type of use Economic life<br />

Residential and commercial properties (< 10 % commercial share) 60 – 80 years<br />

Residential and commercial properties (> 10 % commercial share) 50 – 70 years<br />

Office buildings, office and commercial properties 40 – 60 years<br />

Car parks, underground garages 40 – 50 years<br />

The economic useful life of finance lease items is based on the term of the lease agreement, taking into account residual values.<br />

There are no restrictions on the usability or disposal of investment property.<br />

15 Non-current assets and groups of assets held for sale<br />

Non-current assets and groups of assets held for sale are recognised at the lower of the carrying amount and the fair value less costs of<br />

disposal. The present value of the costs of disposal is used if the disposal will take place after more than twelve months.<br />

Assets and groups of assets held for sale are classified as held for sale if the intention is to dispose of them rather than for them<br />

to continue in use. This condition is satisfied when it is highly likely that a planned disposal will take place and when the non-current asset<br />

or group of assets held for sale is available for immediate disposal in its current condition.<br />

No adjustments or reclassifications are made to prior periods in respect of non-current assets and groups of assets held for sale.<br />

Depreciation of non-current assets and groups of assets held for sale ceases from the date of reclassification. Impairment is only recognised<br />

on these assets if the carrying amount exceeds the fair value less costs to sell. If the fair value less costs to sell later rises again, the<br />

previous impairment is reversed. The reversal is limited to the impairment previously recognised on the assets concerned. The liabilities<br />

assigned to these assets are measured in the amount of the reportable payment obligations.<br />

Income from the reversal of write-downs on long-term assets and disposal groups available for sale are recognised under other<br />

operating income.<br />

134


16 Provisions<br />

Provisions are recognised when the Group has present obligations that arise from past events, which are expected to result in an outflow<br />

of economic resources that can be reliably estimated. The timing or the amount of the obligation are uncertain. Owing to the uncertainties<br />

associated with this assessment, actual obligations may deviate from the original estimates and thereby from the provision amount. In addition,<br />

significant estimates are involved in the determination of provisions related to taxes and litigation risks.<br />

Provisions are recognised for pensions and similar obligations in line with IAS 19.<br />

Other provisions are only recognised for uncertain obligations to third parties and onerous contracts in accordance with IAS 37 when utilisation<br />

of the provision is likely and the amount of utilisation can be reliably determined.<br />

Provisions with a term of more than one year are discounted using a rate of interest which is uniform across the Group and accrue<br />

interest in the income statement in subsequent periods.<br />

The recognition and measurement of provisions in connection with pending legal disputes are largely associated with appraisals by<br />

the Group. Thus, the assessment of the probability that pending proceedings will be successful or will result in a liability or the quantification<br />

of the possible amount of the payment obligation is based on an appraisal of the respective situation. Provisions resulting from general legal<br />

disputes with other parties are not disclosed as the publication of this information could damage the Group’s standing in respect of other<br />

parties in ongoing litigation (IAS 37.92).<br />

The actuarial measurement of pension provisions is based on the projected unit credit method (PUC) for defined benefit retirement<br />

plans set out in IAS 19, taking into account certain demographic and economic assumptions. Using this method, the portfolio-specific<br />

parameters for measurement are based on the earliest possible retirement age under the Act on the Adjustment of the Standard Age Limit<br />

(RVAGAnpG), age-dependent fluctuation, and probabilities of death and invalidity according to the 2005G Heubeck mortality tables. In<br />

establishing the economic parameters, both the interest rate and other company-specific trend assumptions concerning the development<br />

of salaries and pensions, as well as other legal bases for calculation (e.g. income threshold in the German pension scheme), are taken into<br />

consideration.<br />

The expected long-term development of the available plan assets is determined in line with the fund structure, also taking into<br />

account historic data.<br />

17 Income taxes<br />

Consolidated Financial Statements<br />

Deferred taxes are recognised for all temporary differences between IFRS valuations and tax values (balance sheet approach). Temporary<br />

differences arise between these differing valuations which mean that income taxes will be either higher or lower in the future. Deferred taxes<br />

on tax losses carried forward are recognised at the amount at which they can realistically be expected to be realised within a planning<br />

period of five years – in line with minimum taxation and taking into account a security discount for years two to five. This applies when<br />

sufficient future taxable profit is generated; the company’s current earnings planning is used to judge this. Deferred tax assets and liabilities<br />

are measured at the tax rates that apply at the balance sheet date.<br />

Expenses and income from deferred taxes are reported in the income statement together with from current tax expenses and<br />

income as “Income taxes”. Depending on the accounting treatment of items to which the deferred taxes relate, deferred tax assets and<br />

liabilities are recognised and written down either in the income statement under income taxes or through equity under the appropriate<br />

equity item.<br />

Current tax assets result from advance tax payments and eligible capital gains taxes if they exceed the current tax expense calculated<br />

by the respective company for the relevant assessment year and refund claims in line with past tax assessment notices. Tax provisions<br />

have been recognised for expected tax liabilities of previous years in line with the advance payments made and eligible capital gains taxes<br />

using the calculated tax results of the companies and for audit risks.<br />

Current and deferred tax assets and liabilities are each reported separately in the balance sheet.<br />

Notes<br />

135


Notes on Accounting Policies<br />

18 Subordinated capital<br />

Subordinated capital is capital transferred to the Group that qualifies as a financial obligation on account of the right to restitution of the<br />

respective capital provider and has a temporary liability function.<br />

Subordinated capital consists of participations by dormant partners (Article 10 (4) KWG) and subordinated obligations (Article 10 (5a)<br />

KWG). Subordinated capital is recognised at amortised cost. Premiums and discounts are recognised in income over their term in line with<br />

the effective interest method and included as part of net interest income in the income statement. Subordinated capital used for hedge<br />

accounting purposes is adjusted for the gains or losses attributable to the hedged risk.<br />

19 Shareholders’ equity<br />

Composition of shareholders‘ equity<br />

The equity of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG consists of issued capital (share capital) in the form of bearer shares and various reserves.<br />

Issued capital<br />

The issued capital (share capital) of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG consists of no-par-value bearer shares with a notional value of € 2.56 per<br />

share. The issued capital amounts to € 2,554 million. There are no preferential rights or restrictions on the distribution of dividends at<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG. All issued shares are fully paid up.<br />

Treasury shares<br />

The Group did not hold any treasury shares in the financial year.<br />

Capital reserves<br />

Premiums on the issuance of shares are reported under capital reserves. Capital reserves also include amounts generated on the issuance<br />

of bonds for conversion and option rights for the acquisition of shares.<br />

Retained earnings<br />

Retained earnings consist of the legal reserves and other reserves. In accordance with national law, mandatory reserves are recognised<br />

in the legal reserves; the amounts appropriated to the legal reserves are subject to a prohibition on distribution in the single-entity financial<br />

statements of the <strong>Holding</strong>. The total amount of retained earnings reported in the balance sheet consists of € 13 million (previous year:<br />

€ 13 million) of legal reserves (German Stock <strong>Corp</strong>oration Act); € – 12 million (previous year: € – 41 million) of reserves for the measurement<br />

of pensions; and € – 94 million (previous year: € 14 million) of other retained earnings.<br />

Currency translation reserve<br />

The currency translation reserves contains gains and losses on translation arising from capital consolidation. This includes currency<br />

translation differences from the consolidation of subsidiaries and associates.<br />

Revaluation reserve<br />

The revaluation reserve includes the gain or loss on revaluation of AfS securities consisting of interest-bearing and dividend-oriented securities<br />

and investments, as well as loans and advances to banks and customers at fair value. Gains and losses are only recognised in the income<br />

statement when the asset has been sold or written off. This equity items also includes the net gains or losses on revaluation of macro cash<br />

flow hedging instruments in effective hedges. € – 130 million (previous year: € – 32 million) was recognised for this in the reporting period,<br />

and € – 5 million (previous year: € 0 million) was derecognised and reported in net interest income.<br />

The revaluation reserve also includes deferred taxes that are reported in equity (e.g. those on AfS securities and cash flow hedge<br />

derivatives).<br />

136


Minimum capital requirements<br />

The composition of the internal aggregate risk cover at the LBB <strong>Holding</strong> Group was redefined in 2008 and is now defined on the basis of<br />

equity according to IFRS plus 70 % of subordinated capital. As of 31 December 2008, the <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> Group has aggregate<br />

risk cover of € 4,200 million; regulatory capital resources amounted to € 4,511 million at the same date.<br />

By way of the acquisition of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG by Erwerbsgesellschaft der S-Finanzgruppe mbH & Co. KG der Regionalverbandsgesellschaft<br />

mbH (RVG, general partner) and DSGV ö.K. (limited partner), the <strong>Holding</strong> is owned by the RVG Group in terms of<br />

regulatory requirements. Regulatory disclosures are issued for RVG. Please also see the values at the level of the <strong>Landesbank</strong> <strong>Berlin</strong><br />

<strong>Holding</strong> Group.<br />

The Group issues a statement in accordance with the Solvency Ordinance (SolvV) on a regular basis. At the level of RVG, the overall<br />

capital ratio as of the end of the year was 16.41 % with a Tier 1 capital ratio of 13.74 % after adoption of the financial statements. Both<br />

regulatory minimum ratios were maintained at all times at the level of the Group and the individual banks.<br />

Capital management<br />

The primary task of the Capital Management Committee, which was established in 2007, is to coordinate Group-wide measures to ensure<br />

a long-term, optimised capital structure in line with internal and external conditions. Detailed information on capital management can be<br />

found in the section on overall risk management in the risk report.<br />

Dividend payment<br />

In 2008, a dividend of € 0.10 per share was distributed to the shareholders. This corresponds to a total distribution amount of € 100 million.<br />

20 Off-balance sheet transactions<br />

Consolidated Financial Statements<br />

Trust Activities<br />

Trust activities which involve the holding or placing of assets in the Bank’s name but on behalf of third parties are not recognised under<br />

IFRS as they represent off-balance sheet transactions. Commission payments for such activities are included in the income statement in<br />

net commission income.<br />

Contingent liabilities<br />

Contingent liabilities are obligations that arise from past events and whose existence will be confirmed only by the occurrence or non-occurrence<br />

of one or more uncertain future events not wholly within the control of the Group. In banking business these include guarantee liabilities<br />

and irrevocable loans commitments.<br />

This also includes current obligations that arise from past events but that cannot be recognised in the balance sheet as it is not<br />

probable that an outflow of resources embodying economic benefits will be required to settle the obligation, or the amount of the obligation<br />

cannot be measured with sufficient reliability.<br />

Commission payments for the above activities are included in the income statement in net commission income.<br />

Notes<br />

137


Notes to the Income Statement<br />

21 Net interest income<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Interest income<br />

Interest income from receivables 3,578 3,205 12<br />

Interest income from financial assets 2,092 1,868 12<br />

Similar (interest) income from financial investments 46 25 84<br />

Other interest income 1,203 1,112 8<br />

Total interest income 6,919 6,210 11<br />

Interest expenses<br />

Interest expenses for liabilities 3,998 3,807 5<br />

Interest expenses for subordinated liabilities 20 63 – 68<br />

Similar (interest) expenses from financial assets 0 2 – 100<br />

Other interest expenses 1,654 1,523 9<br />

Total interest expenses 5,672 5,395 5<br />

Net interest income 1,247 815 53<br />

Other interest income / expenses include income of € 188 million (previous year: € 185 million) and expenses of € 659 million (previous year:<br />

€ 632 million) resulting from financial instruments designated at fair value through profit or loss (FVO). They also include interest income<br />

of € 1,015 million (previous year: € 927 million) and interest expenses of € 995 million (previous year: € 891 million) from hedge accounting.<br />

Interest income also includes income from financial instruments subject to valuation adjustments in the amount of € 69 million<br />

(previous year € 109 million) (unwinding effects). The unwinding effects result from the adjustment of present values as at the balance sheet<br />

date, assuming no change in future cash flows. The original effective interest rate of the respective financial instrument is used to determine<br />

the present value.<br />

22 Allowance for losses on loans and advances<br />

Risk provisioning in the consolidated income statement is as follows:<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007 1)<br />

Change<br />

in %<br />

Income from the reversal of write-downs on receivables and from the<br />

reversal of provisions in the lending business 274 449 – 39<br />

Depreciation and amortisation expense and write-downs of receivables<br />

and additions to provisions in the lending business 337 381 – 12<br />

Total 63 – 68 > 100<br />

1) Figures for the previous year have been adjusted<br />

Risk provisioning results from receivables in the loans and receivables category.<br />

Risk provisioning in the lending business is determined on the basis of the structure and quality of lending portfolios and general<br />

economic factors.<br />

138


23 Net commission income<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Fee and commission income<br />

Securities and issue business 147 176 – 16<br />

Payment services / account management 116 115 1<br />

Lending business 48 35 37<br />

Card business 95 76 25<br />

Other services 18 14 29<br />

Other fee and commission income 15 13 15<br />

Total fee and commission income 439 429 2<br />

Fee and commission expense<br />

Securities and issue business 43 53 – 19<br />

Payment services / account management 12 9 33<br />

Lending business 9 7 29<br />

Card business 53 45 18<br />

Other services 15 14 7<br />

Other fee and commission expense 5 4 25<br />

Total fee and commission expense 137 132 4<br />

Net commission income 302 297 2<br />

Net commission income includes commission income of € 193 million (previous year: € 223 million) and expenses of € 61 million (previous<br />

year: € 63 million) resulting from financial instruments designated at fair value through profit or loss (FVO).<br />

Commission income from trust activities amounts to € 1 million (previous year: € 1 million) and is included in other commission<br />

income. Commission expenses from trust activities were not incurred in either 2008 or 2007.<br />

24 Net income from hedge accounting<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Net income from hedged underlyings 83 – 67 > 100<br />

Net income from derivatives used as hedge accounting instruments – 101 70 < – 100<br />

Total – 18 3 < – 100<br />

This includes net income from the remeasurement of hedged items and hedging instruments in micro fair value hedges that meet the<br />

IAS 39 criteria for hedge accounting.<br />

Owing to the model, there is no portion of the change in value of derivatives in macro cash flow hedges resulting from macro cash<br />

flow hedges that can be designated as ineffective.<br />

In addition, the Group does not use hedge accounting.<br />

Consolidated Financial Statements<br />

Notes<br />

139


Notes to the Income Statement<br />

25 Net gain from financial instruments recognised at fair value through profit or loss<br />

Net income from fair value measurement through profit or loss breaks down into:<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Income from financial instruments<br />

classified as trading (held-for-trading) 102 – 373 > 100<br />

designated at fair value (fair value option) – 446 328 < – 100<br />

Total – 344 – 45 < – 100<br />

These components can be broken down as follows:<br />

Net income from the trading category (HfT)<br />

Net income from the trading category (HfT) is composed of earnings contributions from securities and trading book derivatives as well as<br />

non-trading book derivatives. In addition to measurement and disposal effects, it also includes interest income and expenses, commission<br />

income and expenses and dividend income.<br />

Net income from financial instruments designated at fair value (FVO)<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Net income from remeasurement of assets – 357 161 < – 100<br />

Net income from remeasurement of equity and liabilities – 89 167 < – 100<br />

Total – 446 328 < – 100<br />

Measurement and disposal effects are included in net income from financial instruments designated at fair value (FVO).<br />

26 Net income from financial assets<br />

Net income from financial investments contains gains / losses on the disposal and remeasurement of financial assets.<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Net gain on disposal of financial assets – 14 37 < – 100<br />

Income from the disposal of financial assets 19 59 – 68<br />

Expenses from the disposal of financial assets 33 22 50<br />

Net income from the remeasurement of financial assets – 294 – 41 < – 100<br />

Income from reversals of write-downs on financial assets 12 3 > 100<br />

Expenses from write-downs on financial assets 306 44 > 100<br />

Total – 308 – 4 < – 100<br />

€ – 288 million (previous year: € – 6 million) of net income from financial assets related to AfS financial assets and € – 20 million (previous<br />

year: € 2 million) related to L & R assets.<br />

Of the expenses from write-downs on financial assets, € 20 million (previous year: € 2 million) related to bonds and other fixed-interest<br />

securities (L & R), € 286 million (previous year: € 42 million) to bonds and other fixed-interest and some non-interest-bearing securities (AfS),<br />

and € – 0.1 million to financial assets in the HtM category.<br />

140


Net income by category<br />

The so-called “net income” is calculated for each category of financial instruments. The net income for the L & R, AfS, HtM and OL categories<br />

include the earnings effects of measurement on the one hand (write-downs – recognised as risk provisioning – and impairment and reversals)<br />

including the measurement of hedge accounting and disposals on the other. Net income breaks down as follows:<br />

Net income for the L & R category amounts to € 538 million (previous year: € – 71 million). This includes the share of income from financial<br />

assets relating to L & R instruments, the recognised (or reversed) risk provisioning, measurement effects from hedged L & R items and a<br />

portion of income from receivables sold, which is included in other operating income.<br />

The net income for the AfS category consists of the AfS share of income from financial assets and measurement effects of hedged AfS<br />

items and amounts to € – 35 million (previous year: € – 125 million). This includes € – 288 million (previous year: € – 6 million) which was<br />

taken from the revaluation reserve (AfS) and recognised in income. In addition, € – 766 million (previous year: € – 434 million) was transferred<br />

directly to equity in this reserve. Including deferred taxes, the total effect on the revaluation reserve amounted to € – 478 million<br />

(see statement of changes in consolidated equity).<br />

The net income of the HtM category includes only the portion of net income from financial assets relating to HtM instruments and<br />

amounts to € – 0.1 million.<br />

The net income of the OL category includes the earnings effects of buying back own promissory note loans and the measurement effects<br />

of hedged OL transactions and amounts to € – 789 million (previous year: € 161 million).<br />

27 Net income from investments carried at equity<br />

This item consists of income from associates and joint ventures carried at equity.<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Net income from remeasurement – 23 9 < – 100<br />

Current income 5 3 67<br />

Total – 18 12 < – 100<br />

28 Other operating income<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Net income from financial assets, property, plant and equipment and intangible assets 29 18 61<br />

Net income from investment property 7 7 0<br />

Net income from promissory note loans 1 – 17 > 100<br />

Non-bank revenue 35 33 6<br />

IT income 13 12 8<br />

Deconsolidation effects – 5 4 < – 100<br />

Other tax expenses 5 – 4 > 100<br />

Miscellaneous other operating income 64 58 10<br />

Total 139 119 17<br />

Net income from promissory note loans includes net gains on the disposal of L & R promissory note loans. Income from buying back own<br />

promissory note loans is also recognised here.<br />

The “other tax expenses” item includes taxes on assets and transactions.<br />

Other operating income is composed of items that cannot be allocated to any other income statement account.<br />

Consolidated Financial Statements<br />

Notes<br />

141


Notes to the Income Statement<br />

The Group as lessor (operating leases)<br />

Other operating income and expenses includes operating lease income. Future minimum lease payments relate to rental income from land<br />

and buildings.<br />

The gross carrying amount of leased items is € 36 million.<br />

Total future minimum lease payments from non-cancellable operating leases breaks down as follows:<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Remaining term<br />

less than one year 1 4 – 75<br />

between one and five years 3 4 – 25<br />

more than five years 0 1 – 100<br />

Total 4 9 – 56<br />

29 Administrative expenses<br />

The Group’s administrative expenses are composed of staff costs, depreciation of property, plant and equipment and amortisation of<br />

intangible assets (not including goodwill) and other administrative expenses. These expenses break down as follows:<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Staff costs 492 511 – 4<br />

Depreciation of property, plant and equipment and amortisation of intangible assets 62 66 – 6<br />

Other administrative expenses 386 388 – 1<br />

Total 940 965 – 3<br />

Staff costs:<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Wages and salaries 365 389 – 6<br />

Social security contributions 56 60 – 7<br />

Expenses for pensions and other benefits 71 62 15<br />

Total 492 511 – 4<br />

Depreciation of property, plant and equipment and amortisation of intangible assets (not including goodwill):<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Depreciation of property, plant and equipment 37 37 0<br />

Depreciation 37 37 0<br />

Impairment 0 0 0<br />

Amortisation of intangible assets 25 29 – 14<br />

Depreciation 25 29 – 14<br />

Impairment 0 0 0<br />

Total 62 66 – 6<br />

142


Other administrative expenses:<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Office space costs 63 69 – 9<br />

Operating and office equipment 4 4 0<br />

IT costs 158 153 3<br />

Advertising and marketing 24 28 – 14<br />

Business operating costs 66 60 10<br />

Consulting, audits and contributions 51 57 – 11<br />

Staff-related operating costs 18 15 20<br />

Miscellaneous 2 2 0<br />

Total 386 388 – 1<br />

The fees paid to auditors in financial year 2008 are composed as follows:<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

for audits 6 5 20<br />

for other assurance and valuation services 2 3 – 33<br />

Total 8 8 0<br />

Other assurance and valuation services mainly relate to assurance services for projects.<br />

The Group as lessee (operating leases)<br />

Operating leases mainly relate to branch offices and IT systems. Part of the lease payments for branch offices are made depending on<br />

the general rental index, and part of those for IT systems are made depending on utilisation. There are also extension options for these<br />

rental agreements.<br />

Future minimum lease payments from non-cancellable operating leases break down as follows:<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Remaining term<br />

less than one year 23 23 0<br />

between one and five years 70 71 – 1<br />

more than five years 27 21 29<br />

Total 120 115 4<br />

Total future minimum payments from subleases amount to € 1 million.<br />

Minimum lease payments in the financial year amounted to € 32 million (previous year: € 39 million), and contingent rent amounted<br />

to € 1 million (previous year: € 1 million). No payments were incurred for subleases in 2008 or the previous year.<br />

Consolidated Financial Statements<br />

Notes<br />

143


Notes to the Income Statement<br />

30 Restructuring expenditure and income (net)<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007<br />

Change<br />

in %<br />

Restructuring income 18 11 64<br />

Restructuring expenditure 6 5 20<br />

Total 12 6 100<br />

31 Income tax expense<br />

The <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> Group consists of two groups of integrated companies and companies that do not belong to any of these<br />

tax groups.<br />

Our foreign subsidiaries and branches are taxed in the respective country in which they are based. Dividends flowing to <strong>Landesbank</strong><br />

<strong>Berlin</strong> AG are essentially tax-free in Germany. The profits from foreign branches are fully tax-free in Germany.<br />

Income tax expenses break down as follows:<br />

in € million<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007 1)<br />

Change<br />

in %<br />

Current taxes – 28 – 10 < – 100<br />

Deferred taxes 8 86 – 91<br />

Total – 20 76 < – 100<br />

1) Figures for the previous year have been adjusted<br />

Current tax income is based on extraordinary income totalling € 60 million, which is offset primarily by expenses from current income<br />

tax expenses totalling € 18 million for the <strong>Holding</strong> and € 13 million for <strong>Berlin</strong> Hyp.<br />

The reversal of temporary differences led to the deferred tax expense. This is largely offset by an opposing effect of almost the<br />

same amount resulting from additional recognition of deferred tax assets on tax loss carryforwards.<br />

The following statement of reconciliation shows the differences between the expected and reported tax expense in the Group:<br />

in € million 2008 2007<br />

Profit before income taxes in accordance with IFRS 9 306<br />

Consolidated income tax rate (%) 30.2 % 38.9 %<br />

Expected income tax expense 3 119<br />

1. Tax-free income – 29 – 24<br />

2. Non-deductible expenses 68 39<br />

3. Differences in the basis of calculation of trade tax 5 10<br />

4. Changes in tax rates 4 1<br />

5. (Non-)recognition and measurement of deferred tax assets – 12 – 241<br />

6. Effects of changes in tax rates 0 220<br />

7. Non-deductible income or withholding tax 2 2<br />

8. Prior-period effects – 60 – 48<br />

9. Other – 1 – 2<br />

Reported income tax expense / tax income (–) – 20 76<br />

Effective tax rate – 222.2 % 24.8 %<br />

144


As a result of the German Business Tax Reform Act of 14 August 2007, new income tax rates are applicable in Germany as of 2008.<br />

Deferred taxes for the previous year were already calculated using these new tax rates.<br />

The consolidated rate of income tax selected as the basis for the statement of reconciliation lies at 30.175 % and is composed<br />

of the corporation tax rate of 15 % applicable in Germany, plus the solidarity surcharge of 5.5 % and the trade tax rate of 14.35 %. As<br />

the Group companies are primarily based in <strong>Berlin</strong>, trade tax was calculated on the basis of the <strong>Berlin</strong> assessment rate of 410 %.<br />

However, deferred taxes were calculated on the basis of the income tax rates applicable to the respective companies.<br />

The effects of tax-free income primarily results from income that is tax-free income under Article 8b (1) and (2) KStG.<br />

The additional charges for non-deductible expenses primarily include the non-deductible expenses in accordance with Articles 8a<br />

and 8b (2) and (3) KStG, and guarantee commission to be paid to the State of <strong>Berlin</strong> on the basis of the risk shielding assumed under<br />

the detailed agreement.<br />

The foreign tax rates are between 12 % and 30 %. The tax effect due to the difference from the consolidated tax rate is shown in<br />

the statement of reconciliation under changes in tax rates.<br />

The item (non-)recognition and valuation of deferred tax assets primarily relates to tax effects in connection with the additional<br />

capitalisation of deferred taxes on loss carryforwards on account of improved medium-term planning results.<br />

Deferred taxes totalling € 358 million (previous year: € 294 million) were recognised for corporation tax loss carryforwards (including<br />

foreign loss carryforwards) of € 1,358 million (previous year: € 1,132 million) and for trade tax loss carryforwards of € 764 million (previous<br />

year: € 766 million). Deferred tax assets of € 32 million (previous year: € 23 million) were reversed as a result of the utilisation of loss carryfor-<br />

wards. As in the previous year, this affected LBB <strong>Holding</strong> AG and <strong>Berlin</strong> Hyp and in this year it also affected HILOG. No deferred taxes were<br />

recognised for corporation tax loss carryforwards (including foreign losses) of € 2,107 million (previous year: € 2,307 million) and for trade<br />

tax loss carryforwards of € 2,496 million (previous year: € 2,723 million). There are no limits on the use of losses carried forward.<br />

The recognisability and value of deferred tax assets on loss carryforwards and deductible temporary differences are examined on<br />

the basis of a forecast of future taxable income. This forecast takes into account regulations on off-balance sheet tax reduction and addition<br />

(including Article 8b KStG, tax-free permanent establishment results and Article 8 GewStG in particular). The deferred tax assets recognised<br />

in the <strong>Holding</strong> Group are covered by future positive tax results. No write-downs of deferred taxes were required in the period under review.<br />

The revaluation reserve for deferred taxes amounted to € 207 million (previous year: € 77 million). € 171 million of this (previous year:<br />

€ 82 million) related to the AfS reserve and € 36 million (previous year: € – 5 million) to the reserve for cash flow hedges.<br />

The temporary differences in accordance with IAS 12.81 (f) for which no deferred tax liabilities were recognised amount to € 1 million<br />

(previous year: € 1 million).<br />

The nominal amount of the corporation tax credit in line with Article 37 (2) KStG was € 3.1 million (previous year: € 3.3 million). The<br />

remaining amount will be paid out in eight equal annual instalments over the period up until 2017. The final EK02 amount is € 0 million.<br />

32 Earnings per share<br />

1.1. – 31.12.<br />

2008<br />

1.1. – 31.12.<br />

2007 1)<br />

Change<br />

in %<br />

Consolidated net profit for the period of the shareholders of the parent company (€ million) 17 211 – 92<br />

Average number of ordinary shares outstanding 999,327,870 999,327,870 0<br />

Earnings per share (€) 0.02 0.21 – 92<br />

1) Figures for the previous year have been adjusted<br />

Consolidated Financial Statements<br />

There were no conversion or option rights outstanding in the financial year or as at 31 December 2008. The diluted earnings per share are<br />

therefore the same as the basic earnings per share.<br />

Notes<br />

145


Notes to the Balance Sheet<br />

33 Cash<br />

The cash item breaks down as follows:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Cash in hand 455 503 – 10<br />

Central bank balances 1,272 483 > 100<br />

Total 1,727 986 75<br />

All assets are available at short notice.<br />

€ 1,246 million of central bank balances relates to the balance at Deutsche Bundesbank (previous year: € 451 million).<br />

As at the balance sheet date, the required minimum reserve amounted to € 563 million (previous year: € 495 million).<br />

146


34 Loans and advances to banks<br />

Loans and advances to banks are as follows:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

L & R<br />

Term and demand deposits 14,839 16,751 – 11<br />

payable on demand 2,154 2,936 – 27<br />

up to three months 7,098 9,824 – 28<br />

between three months and one year 5,587 3,879 44<br />

between one and five years 0 109 – 100<br />

more than five years 0 3 – 100<br />

Loans 1,894 2,362 – 20<br />

up to three months 323 604 – 47<br />

between three months and one year 529 717 – 26<br />

between one and five years 950 1,027 – 7<br />

more than five years 92 14 > 100<br />

Promissory note loans 1,982 2,969 – 33<br />

up to three months 161 242 – 33<br />

between three months and one year 697 795 – 12<br />

between one and five years 609 1,265 – 52<br />

more than five years 515 667 – 23<br />

Mortgage bank mortgage loans 7 7 0<br />

up to three months 1 1 0<br />

between three months and one year 0 0 0<br />

between one and five years 2 2 0<br />

more than five years 4 4 0<br />

Mortgage bank public­sector loans 2,923 3,050 – 4<br />

up to three months 646 180 > 100<br />

between three months and one year 468 698 – 33<br />

between one and five years 1,072 1,484 – 28<br />

more than five years 737 688 7<br />

Other loans and advances 422 848 – 50<br />

payable on demand 352 432 – 19<br />

up to three months 0 265 – 100<br />

between three months and one year 4 76 – 95<br />

between one and five years 37 18 > 100<br />

more than five years 29 57 – 49<br />

Total L & R 22,067 25,987 – 15<br />

AfS<br />

Mortgage bank public­sector loans 302 527 – 43<br />

up to three months 123 59 > 100<br />

between three months and one year 63 176 – 64<br />

between one and five years 116 292 – 60<br />

Other loans and advances 0 0 0<br />

Total AfS 302 527 – 43<br />

Total 22,369 26,514 – 16<br />

These include € 21,929 million (previous year: € 26,005 million) of loans and advances to banks in Germany and € 440 million (previous year:<br />

€ 509 million) of loans and advances to banks outside Germany. Loans and advances are classed as in Germany or outside Germany on<br />

the basis of the registered office of the subsidiary.<br />

As of 31 December 2008, there were allowances for impairment losses on loans and advances to banks in the amount of € 18 million<br />

(previous year: € 9 million).<br />

Loans and advances were broken down in more detail than previously, meaning that the presentation of the previous year’s figures<br />

is different from the 2007 Annual Report.<br />

Consolidated Financial Statements<br />

Notes<br />

147


Notes to the Balance Sheet<br />

35 Loans and advances to customers<br />

Loans and advances to customers are as follows:<br />

in € million<br />

31.12.2008 31.12.2007 1) Change<br />

in %<br />

L & R<br />

Term and demand deposits 2,885 3,349 – 14<br />

payable on demand 1,616 1,928 – 16<br />

up to three months 1,078 1,305 – 17<br />

between one and five years 191 116 65<br />

Loans 11,241 8,981 25<br />

up to three months 581 570 2<br />

between three months and one year 1,187 1,179 1<br />

between one and five years 3,886 2,945 32<br />

more than five years 5,587 4,287 30<br />

Promissory note loans 358 387 – 7<br />

up to three months 114 1 > 100<br />

between three months and one year 125 140 – 11<br />

between one and five years 48 53 – 9<br />

more than five years 71 193 – 63<br />

Mortgage bank mortgage loans 15,248 14,545 5<br />

up to three months 3,196 2,402 33<br />

between three months and one year 1,710 2,167 – 21<br />

between one and five years 6,406 6,099 5<br />

more than five years 3,936 3,877 2<br />

Loans secured by real estate liens 1,660 1,808 – 8<br />

up to three months 52 53 – 2<br />

between three months and one year 71 96 – 26<br />

between one and five years 406 374 9<br />

more than five years 1,131 1,285 – 12<br />

Mortgage bank public­sector loans 6,580 6,531 1<br />

up to three months 539 765 – 30<br />

between three months and one year 47 710 – 93<br />

between one and five years 1,894 1,362 39<br />

more than five years 4,100 3,694 11<br />

Public­sector loans of other banks 6,862 8,655 – 21<br />

up to three months 1,453 1,998 – 27<br />

between three months and one year 1,106 1,359 – 19<br />

between one and five years 2,022 2,366 – 15<br />

more than five years 2,281 2,932 – 22<br />

Other loans and advances 1,043 787 33<br />

payable on demand 554 429 29<br />

up to three months 114 9 > 100<br />

between three months and one year 17 57 – 70<br />

between one and five years 304 289 5<br />

more than five years 54 3 > 100<br />

Total L & R 45,877 45,043 2<br />

AfS<br />

Mortgage bank public­sector loans 1,585 1,983 – 20<br />

up to three months 281 76 > 100<br />

between three months and one year 360 370 – 3<br />

between one and five years 639 1,089 – 41<br />

more than five years 305 448 – 32<br />

Other loans and advances 0 0 0<br />

Total AfS 1,585 1,983 – 20<br />

Total 47,462 47,026 1<br />

1) Figures for the previous year have been adjusted<br />

148


These include € 46,315 million (previous year: € 46,984 million) of loans and advances to customers in Germany and € 1,147 million<br />

(previous year: € 42 million) of loans and advances to customers outside Germany. Loans and advances are classed as in Germany or<br />

outside Germany on the basis of the registered office of the subsidiary.<br />

As of 31 December 2008, there were allowances for impairment losses on loans and advances to customers in the amount of<br />

€ 1,227 million (previous year: € 1,402 million).<br />

Loans and advances were broken down in more detail than previously, meaning that the presentation of the previous year’s<br />

figures is different from the 2007 Annual Report.<br />

Group as lessor (finance leases)<br />

There are currently no loans and advances to customers arising from leases in which the Group is the lessor (finance leases).<br />

36 Allowance for losses on loans and advances<br />

Risk provisioning was recognised for (loans and receivables category only):<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Loans and advances to banks 18 9 100<br />

Loans and advances to customers 1,227 1,402 – 12<br />

Total 1,245 1,411 – 12<br />

in € million<br />

Consolidated Financial Statements<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Risk provisioning 1,245 1,411 – 12<br />

Plus provisions 24 35 – 31<br />

Total 1,269 1,446 – 12<br />

Existing loans are defined as loans acquired by the LBB as part of the European Monetary Union. The necessary risk provisioning for these<br />

loans was calculated for the opening balance sheet as at 1 July 1990 and assigned as an equalisation claim. LBB still manages these loans.<br />

As risk provisioning is not recognised in the Bank’s own income statement and is instead deducted from equalisation claims, receipts on<br />

loans, for which impairment allowances exist, do not accrue to LBB but to the German government (Currency Conversion Equalisation Fund)<br />

and must be transferred accordingly.<br />

Notes<br />

149


Notes to the Balance Sheet<br />

In the financial year, risk provisioning reported as assets and provisions developed as follows:<br />

Loans and advances<br />

to banks<br />

Specific allowances<br />

for impairment losses<br />

Loans and advances<br />

to customers<br />

Specific impairment<br />

allowances calculated<br />

on a portfolio basis<br />

Portfolio­based<br />

allowances for<br />

impairment losses<br />

in € million 2008 2007 2008 2007 2008 2007 2008 2007<br />

As of 1.1.<br />

prior to change in the scope of consolidation 2 1 1,114 1,224 111 386 115 119<br />

Change in scope of consolidation 0 0 0 1 7 0 0 1<br />

As of 1.1. 2 1 1,114 1,225 118 386 115 120<br />

Additions 6 1 237 273 37 33 25 0<br />

Disposals<br />

Utilisation 0 0 186 191 10 86 0 0<br />

Reversals 0 0 166 227 11 70 0 6<br />

Unwinding 0 0 67 105 2 4 0 0<br />

Changes in exchange rates / reclassifications 0 0 – 68 139 40 2) – 148 0 1<br />

As of 31.12. 8 2 864 1,114 172 111 140 115<br />

As of 31.12.<br />

by type of receivable:<br />

Mortgage bank mortgage loans (L & R) 0 0 273 306<br />

Loans secured by real estate liens (L & R) 0 0 71 101<br />

Mortgage bank public-sector loans (L & R) 0 0 0 0<br />

Public-sector loans of other banks (L & R) 0 0 0 0<br />

Other receivables (L & R) 8 2 520 707<br />

Mortgage bank public-sector loans (AfS) 0 0 0 0<br />

Other receivables (AfS) 0 0 0 0<br />

1) Figures for the previous year have been adjusted<br />

2) Due to reassignments of accounts, there were adjustments in presentation between specific allowances for impairment losses<br />

and specific impairment allowances calculated on a portfolio basis.<br />

150


Existing loans<br />

Provisions for<br />

lending business<br />

Country risk<br />

Total<br />

Consolidated Financial Statements<br />

Of which recognised<br />

in the income statement<br />

2008 2007 2008 2007 2008 2007 2008 2007 2008 2007<br />

59 78 35 74 10 17 1,446 1,899<br />

0 0 0 0 0 0 7 2<br />

59 78 35 74 10 17 1,453 1901<br />

0 0 2 14 5 2 312 323 312 323<br />

10 19 0 10 0 0 206 306<br />

0 0 13 46 3 9 193 358 193 358<br />

0 0 0 0 0 0 69 109 69 109<br />

0 0 0 3 0 0 – 28 – 5<br />

49 59 24 35 12 10 1,269 1.446 50 – 144<br />

Notes<br />

Direct write-downs 24 38<br />

Recoveries on loans previously written off 80 71<br />

Total – 6 – 177<br />

of which:<br />

Risk provisioning recognised in the income statement 63 – 68 1)<br />

Interest income recognised in the income statement (unwinding) 69 109<br />

151


Notes to the Balance Sheet<br />

37 Positive fair value of derivative hedging instruments<br />

Hedging instruments with a positive fair value to which hedge accounting in line with IAS 39 was applied break down as follows:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Positive fair values of derivatives in micro fair value hedges 653 378 73<br />

Positive fair values of derivatives in macro cash flow hedges 96 19 > 100<br />

Total 749 397 89<br />

38 Financial assets recognised at fair value through profit or loss<br />

This item includes trading assets and investment book derivatives (HfT) and financial instruments designated at fair value (FVO).<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Assets held for trading 14,472 10,231 41<br />

Financial instruments designated at fair value (fair value option) 3,823 3,406 12<br />

Total 18,295 13,637 34<br />

Assets held for trading (HfT)<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Bonds and other fixed-income securities 1,056 2,713 – 61<br />

Money market securities 0 53 – 100<br />

Bonds and notes 1,056 2,660 – 60<br />

Shares and other non-fixed-income securities 515 1,568 – 67<br />

Positive fair value of trading book derivative financial instruments 10,330 4,927 > 100<br />

Positive fair value of investment book derivative financial instruments 2,571 1,023 > 100<br />

Total 14,472 10,231 41<br />

Breakdown of assets held for trading by remaining maturity:<br />

in € million<br />

up to three<br />

months<br />

between three<br />

months and<br />

one year<br />

between one<br />

and five years<br />

more than<br />

five years<br />

Bonds and other fixed-income securities 96 198 591 171 1,056<br />

Bonds and notes 96 198 591 171 1,056<br />

Shares and other non-fixed-income securities 0 0 0 515 515<br />

Positive fair value of trading book derivative financial instruments 708 916 4,778 3,928 10,330<br />

Positive fair value of investment book derivative financial instruments 45 213 980 1,333 2,571<br />

Total 849 1,327 6,349 5,947 14,472<br />

152<br />

Total


Financial instruments designated at fair value (FVO)<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Loans and advances to customers 52 51 2<br />

Financial assets 3,771 3,355 12<br />

Total 3,823 3,406 12<br />

As at 31 December 2008, the maximum default risk of loans and advances to customers was € 52 million (previous year: € 51 million);<br />

there were no credit derivatives or similar instruments to hedge this risk as at the balance sheet date.<br />

Breakdown of fair value option financial assets (FVO) by contractual remaining maturity:<br />

in € million<br />

up to three<br />

months<br />

between three<br />

months and<br />

one year<br />

between one<br />

and five years<br />

more than<br />

five years<br />

Loans and advances to customers 0 0 0 52 52<br />

Financial assets 99 103 1,778 1,791 3,771<br />

Total 99 103 1,778 1,843 3,823<br />

The change in the fair values of the above items due to a change in the default risk (credit spread) for 2008 amounts to € – 50 million<br />

(previous year: € – 60 million). The cumulative changes in value amounted to € – 118 million (previous year: € – 51 million).<br />

In calculating the above amounts, receivables and financial assets were initially measured at the respective current credit spread<br />

on the balance sheet date and then at the respective credit spread of the previous year’s balance sheet date. The difference between<br />

these two measurements is the change in fair value due to the change in credit spread.<br />

39 Financial assets<br />

Financial assets break down as follows:<br />

in € million<br />

Consolidated Financial Statements<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

L & R 42,940 5,341 > 100<br />

Bonds and other fixed-income securities 42,930 5,341 > 100<br />

Shares and other non-fixed-income securities 10 0 x<br />

AfS 6,201 45,355 – 86<br />

Bonds and other fixed-income securities 5,935 44,763 – 87<br />

Shares and other non-fixed-income securities 162 423 – 62<br />

Investments 102 165 – 38<br />

Affiliated companies 2 4 – 50<br />

HtM 1,325 0 x<br />

Bonds and other fixed-income securities 1,325 0 x<br />

Total 50,466 50,696 0<br />

The changes between the L & R and AfS categories result from a re-categorisation in the fourth quarter of 2008 (see note 62.1 for details).<br />

Notes<br />

Total<br />

153


Notes to the Balance Sheet<br />

They break down by contractual remaining term as follows:<br />

in € million<br />

up to three<br />

months<br />

between three<br />

months and<br />

one year<br />

between one<br />

and five years<br />

more than<br />

five years<br />

L & R<br />

Bonds and other fixed-income securities 3,742 6,327 22,104 10,757 42,930<br />

Shares and other non-fixed-income securities 0 0 10 0 10<br />

AfS<br />

Bonds and other fixed-income securities 90 214 3,861 1,770 5,935<br />

Shares and other non-fixed-income securities 2 0 0 160 162<br />

Investments 102 102<br />

Affiliated companies 2 2<br />

HtM<br />

Bonds and other fixed-income securities 0 0 694 631 1,325<br />

Total 3,834 6,541 26,669 13,422 50,466<br />

In the financial year, investments and unconsolidated affiliated companies developed as follows:<br />

Investments Affiliated companies<br />

in € million 2008 2007 2008 2007<br />

Carrying amount at 1.1. 165 275 4 12<br />

Additions 23 2 0 1<br />

Disposals 84 73 2 7<br />

Reclassification 0 – 5 0 0<br />

Write-downs 2 20 0 2<br />

Impairment 0 0 0 0<br />

Reversals of impairment losses 0 0 0 0<br />

Effects of changes in exchange rates 0 0 0 0<br />

Cumulative change due to fair value measurement 0 – 14 0 0<br />

Carrying amount at 31.12. 102 165 2 4<br />

The disposals at affiliated companies do not include any effects from changes in the scope of consolidation.<br />

Associated companies and joint ventures<br />

Investments include 16 (previous year: 18) associated companies and joint ventures not carried at equity. Measurement is at cost in line<br />

with IAS 39.<br />

Companies not classified as associated entities despite a share of voting rights of more than 20 % due to immateriality and<br />

companies classified as associated entities despite a share of voting rights of less than 20 % due to a material influence in the form of<br />

representation on governing bodies are indicated in the list of investment holdings.<br />

Summary of financial information on associated companies and joint ventures not carried at equity:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Total assets 527 382 38<br />

Total liabilities 512 325 58<br />

Revenue 276 256 8<br />

Net profit for the year 8 8 0<br />

154<br />

Total


40 Investments carried at equity<br />

A total of two (previous year: three) associated companies, one (previous year: one) joint venture and two (previous year: two) funds were<br />

carried at equity and reported separately in the income statement and the balance sheet.<br />

Companies not classified as associated entities despite a share of voting rights of more than 20 % due to immateriality and<br />

companies classified as associated entities despite a share of voting rights of less than 20 % due to a material influence in the form of<br />

representation on governing bodies are indicated in the list of investment holdings.<br />

Investments carried at equity break down as follows:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Investments in banks 71 68 4<br />

Investments in other companies 27 61 – 56<br />

Total 98 129 – 24<br />

The following table provides a summary of financial information on associates, joint ventures and funds carried at equity:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Total assets 8,011 7,962 1<br />

Total liabilities 7,563 7,458 1<br />

Revenue 446 542 – 18<br />

Net profit for the year 10 41 – 76<br />

41 Intangible assets<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Goodwill 592 595 – 1<br />

Other internally generated intangible assets 4 6 – 33<br />

Other acquired intangible assets 54 64 – 16<br />

Total 650 665 – 2<br />

Capitalised development costs amounted to € 0.3 million (previous year: € 1 million). Non-capitalisable research expenses for internally<br />

generated software amount to € 0.3 million (previous year: € 1 million).<br />

Consolidated Financial Statements<br />

Notes<br />

155


Notes to the Balance Sheet<br />

In the financial year, intangible assets developed as follows:<br />

Goodwill Other internally generated<br />

intangible assets<br />

Other acquired<br />

intangible assets<br />

in € million 2008 2007 2008 2007 2008 2007 2008 2007<br />

Carrying amount at 1.1. 595 571 6 8 64 71 665 650<br />

Additions 0 0 0 1 14 16 14 17<br />

Additions from business combinations 0 24 0 0 0 4 0 28<br />

Additions from internal development 0 0 0 0 0 0 0 0<br />

Disposals 0 0 0 0 1 1 1 1<br />

Reclassification – 3 0 0 0 0 0 – 3 0<br />

Write-downs 0 0 2 3 23 26 25 29<br />

Impairment 0 0 0 0 0 0 0 0<br />

Reversals of impairment losses 0 0 0 0 0 0 0 0<br />

Effects of changes in exchange rates 0 0 0 0 0 0 0 0<br />

Carrying amount at 31.12. 592 595 4 6 54 64 650 665<br />

For both the year under review and the previous year, the gross carrying amount of goodwill was the same as the respective carrying<br />

amount. There was no amortisation of goodwill.<br />

The gross carrying amount of other intangible assets is € 268 million (previous year: € 255 million). Cumulative amortisation amounted<br />

to € 185 million at the beginning of the period and € 210 million at the end of the period.<br />

42 Property, plant and equipment<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Land and buildings 443 448 – 1<br />

Operating and office equipment 135 135 0<br />

Total 578 583 – 1<br />

Property, plant and equipment with a net carrying amount of € 326 million (previous year: € 329 million) is used in the context of finance leases.<br />

The development of property, plant and equipment as against the previous year is as follows:<br />

Land and buildings Operating and<br />

office equipment<br />

in € million 2008 2007 2008 2007 2008 2007<br />

Carrying amount at 1.1. 448 473 135 140 583 613<br />

Additions 19 – 6 30 23 49 17<br />

Additions from business combinations 0 0 0 0 0 0<br />

Disposals 1 0 5 4 6 4<br />

Reclassification – 4 – 20 – 1 0 – 5 – 20<br />

Write-downs 13 14 23 24 36 38<br />

Impairment 0 0 1 0 1 0<br />

Reversals of impairment losses 0 17 0 0 0 17<br />

Effects of changes in exchange rates – 6 – 2 0 0 – 6 – 2<br />

Carrying amount at 31.12. 443 448 135 135 578 583<br />

The gross carrying amount of owner-occupied land and buildings is € 532 million (previous year: € 537 million). Cumulative amortisation<br />

amounted to € 89 million at the beginning of the period and € 89 million at the end of the period.<br />

The gross carrying amount of operating and office equipment is € 346 million (previous year: € 386 million). Cumulative amortisation<br />

amounted to € 251 million at the beginning of the period and € 211 million at the end of the period.<br />

156<br />

Total<br />

Total


43 Investment property<br />

This item relates to land and buildings used by third parties in line with IAS 40.<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Undeveloped land 1 1 0<br />

Developed land and buildings 64 81 – 21<br />

Total 65 82 – 21<br />

Investment property with a net carrying amount of € 16 million (previous year: € 16 million) is used in the context of finance leases.<br />

Investment property developed as follows:<br />

Investment Property<br />

in € million 2008 2007<br />

Carrying amount at 1.1. 82 83<br />

Additions 0 – 1<br />

Additions – subsequent cost 0 0<br />

Additions from business combinations 0 0<br />

Disposals 8 21<br />

Reclassification – 6 20<br />

Write-downs 2 3<br />

Impairment 3 0<br />

Reversals of impairment losses 2 4<br />

Effects of changes in exchange rates 0 0<br />

Carrying amount at 31.12. 65 82<br />

The gross carrying amount of investment property is € 176 million (previous year: € 194 million). Cumulative amortisation amounted to<br />

€ 112 million at the beginning of the period and € 111 million at the end of the period. Fair values cannot be calculated owing to the lack<br />

of current market data.<br />

44 Income tax assets<br />

Income tax assets break down as follows:<br />

in € million<br />

31.12.2008 31.12.2007 1) Change<br />

in %<br />

Current taxes 99 85 16<br />

Deferred taxes 913 793 15<br />

Total 1,012 878 15<br />

1) Figures for the previous year have been adjusted<br />

Consolidated Financial Statements<br />

Deferred tax assets reflect the potential income tax benefits of timing differences between the carrying amounts of assets and liabilities<br />

in the IFRS consolidated balance sheet and the tax base in accordance with local tax laws for Group companies. In addition, deferred tax<br />

assets are recognised on tax loss carryforwards if it is sufficiently likely that they will be utilised.<br />

Notes<br />

157


Notes to the Balance Sheet<br />

Deferred tax assets were recognised in connection with the following items (before netting):<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Loans and advances to banks and customers less risk provisioning 443 622 – 29<br />

Financial assets recognised at fair value 4 1 > 100<br />

Financial assets 603 194 > 100<br />

Property, plant and equipment and intangible assets 6 6 0<br />

Other assets 27 6 > 100<br />

Deposits by banks and amounts due to customers 7 18 – 61<br />

Securitised debt 75 35 > 100<br />

Negative fair value of derivative hedging instruments 348 153 > 100<br />

Financial liabilities held at fair value 3,655 1,914 91<br />

Provisions 128 132 – 3<br />

Subordinated capital 52 38 37<br />

Other liabilities 89 34 > 100<br />

Loss carryforwards 358 294 22<br />

Subtotal 5,795 3,447 68<br />

Netted against deferred tax liabilities – 4,882 – 2,654 84<br />

Total 913 793 15<br />

For the purposes of presentation in the balance sheet, deferred tax assets and liabilities were netted at the level of the individual company<br />

or the respective group of companies taking into account the operations in Income Tax Treaty States.<br />

45 Other assets<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Receivables from collateral provided 2,960 1,774 67<br />

Trade receivables 38 59 – 36<br />

Prepaid expenses 17 8 > 100<br />

Other tax receivables (not including income tax assets) 1 2 – 50<br />

Miscellaneous 58 72 – 19<br />

Total 3,074 1,915 61<br />

All reported assets are available at short notice.<br />

46 Non-current assets and groups of assets held for sale<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Land and buildings used by third parties 11 8 38<br />

Financial assets 59 58 2<br />

Groups of assets held for sale 1 0 x<br />

Total 71 66 8<br />

The assets and disposal groups classified as held for sale are being sold as part of the Bank’s long-term strategy of focussing on its core<br />

business areas. The sale or transfer of ownership of the respective non-current assets and disposal groups is scheduled to take place in 2009.<br />

There were no impairment requirements in the “assets held for sale” category.<br />

158


Land and buildings used by third parties which were recognised at the end of 2007 were sold during the year 2008 with the exception of<br />

one item. Six properties were newly classified as available for sale during this period, and two of these had already been sold by the end<br />

of the year. A write-down of € 1 million was recognised for this under other operating income. Financial assets relate to six investments,<br />

two of which were already recognised as available for sale at the end of 2007. Purchase offers have been made for these – due to unforeseeable<br />

circumstances, the negotiations are still under way. These assets are included in the “Real Estate Financing” and “Other” segments<br />

respectively.<br />

As at 31 December 2008, the Group had determined a group of assets held for sale, which is classified under the Retail Banking<br />

segment. These are assets in connection with the agreed sale of the retail banking business of <strong>Landesbank</strong> <strong>Berlin</strong> International S.A.<br />

47 Deposits by banks<br />

Deposits by banks are as follows:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Term and demand deposits 41,280 44,405 – 7<br />

payable on demand 850 372 > 100<br />

up to three months 34,619 40,908 – 15<br />

between three months and one year 5,811 3,099 88<br />

between one and five years 0 7 – 100<br />

more than five years 0 19 – 100<br />

Issued registered bonds 290 385 – 25<br />

up to three months 62 28 > 100<br />

between three months and one year 0 112 – 100<br />

between one and five years 93 134 – 31<br />

more than five years 135 111 22<br />

Promissory note loans received 2,051 2,433 – 16<br />

up to three months 115 192 – 40<br />

between three months and one year 880 402 > 100<br />

between one and five years 569 1,271 – 55<br />

more than five years 487 568 – 14<br />

Registered mortgage bonds 1,047 1,725 – 39<br />

up to three months 291 86 > 100<br />

between three months and one year 301 668 – 55<br />

between one and five years 404 781 – 48<br />

more than five years 51 190 – 73<br />

Other liabilities 1,282 1,738 – 26<br />

payable on demand 208 525 – 60<br />

up to three months 75 175 – 57<br />

between three months and one year 99 90 10<br />

between one and five years 473 465 2<br />

more than five years 427 483 – 12<br />

Total 45,950 50,686 – 9<br />

These include € 41,201 million (previous year: € 47,302 million) of deposits by banks in Germany and € 4,749 million (previous year:<br />

€ 3,384 million) of deposits by banks outside Germany. Liabilities are classed as in Germany or outside Germany on the basis of the<br />

registered office of the subsidiary.<br />

This item also includes deferred interest of € 272 million (previous year: € 348 million).<br />

Liabilities were broken down in more detail than previously, meaning that the presentation of the previous year’s figures is different from<br />

the 2007 Annual Report.<br />

Consolidated Financial Statements<br />

Notes<br />

159


Notes to the Balance Sheet<br />

48 Amounts due to customers<br />

Amounts due to customers are as follows:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Term and demand deposits 11,997 10,390 15<br />

payable on demand 7,758 7,012 11<br />

up to three months 3,701 3,190 16<br />

between three months and one year 531 180 > 100<br />

between one and five years 7 8 – 12<br />

Savings deposits 7,510 7,033 7<br />

up to three months 7,454 6,964 7<br />

between three months and one year 5 14 – 64<br />

between one and five years 47 50 – 6<br />

more than five years 4 5 – 20<br />

Issued registered bonds 4,806 3,830 25<br />

up to three months 581 167 > 100<br />

between three months and one year 47 71 – 34<br />

between one and five years 1,076 1,247 – 14<br />

more than five years 3,102 2,345 32<br />

Promissory note loans received 5,374 5,205 3<br />

up to three months 185 126 47<br />

between three months and one year 571 278 > 100<br />

between one and five years 1,640 1,687 – 3<br />

more than five years 2,978 3,114 – 4<br />

Registered mortgage bonds 961 1,218 – 21<br />

up to three months 73 114 – 36<br />

between three months and one year 236 249 – 5<br />

between one and five years 346 647 – 47<br />

more than five years 306 208 47<br />

Other liabilities 2,072 1,876 10<br />

payable on demand 1,335 1,046 28<br />

up to three months 59 98 – 40<br />

between three months and one year 23 71 – 68<br />

between one and five years 106 78 36<br />

more than five years 549 583 – 6<br />

Total 32,720 29,552 11<br />

These include € 31,858 million (previous year: € 29,439 million) of amounts due to customers in Germany and € 862 million (previous year:<br />

€ 113 million) of amounts due to customers outside Germany. Liabilities are classed as in Germany or outside Germany on the basis of the<br />

registered office of the subsidiary.<br />

In total, this item includes deferred interest of € 344 million (previous year: € 309 million).<br />

Liabilities were broken down in more detail than previously, meaning that the presentation of the previous year’s figures is different from<br />

the 2007 Annual Report.<br />

The Group as lessee (finance leases)<br />

The net carrying amounts of leased assets classified as the economic property of the Group amount to € 342 million (previous year:<br />

€ 345 million).<br />

Lease liabilities mainly relate to liabilities from long-term rental agreements (up to and including 2026) for offices and business<br />

premises at Alexanderplatz, Gustav-Meyer-Allee / Brunnenstrasse, Prinzregentenstrasse, Hardenbergstrasse, Bismarck- / Wilmersdorfer<br />

Strasse and Fasanenstrasse.<br />

The buildings used by the Bank at Alexanderplatz and Prinzregentenstrasse (central buildings) and Brunnenstrasse (service<br />

centre) are held by closed-end real estate funds launched by Group companies. The use of these facilities currently entails annual rent<br />

obligations of € 51 million for the Group (previous year: € 57 million).<br />

160<br />

The total portfolio of liabilities includes finance lease liabilities of € 616 million (previous year: € 618 million).


The future minimum lease payments are as follows:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

less than one year 58 58 0<br />

between one and five years 241 243 – 1<br />

more than five years 950 904 5<br />

Total 1,249 1,205 4<br />

The discount amounts break down as follows:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

less than one year 2 2 0<br />

between one and five years 50 50 0<br />

more than five years 563 522 8<br />

Total 615 574 7<br />

The present value of the minimum lease payments (remaining maturities) breaks down as follows:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

less than one year 56 56 0<br />

between one and five years 191 193 – 1<br />

more than five years 387 382 1<br />

Total 634 631 0<br />

Contingent rent for the financial year amounted to € 2 million (previous year: € 0 million).<br />

This is offset by future income from non-cancellable subletting agreements of € 37 million (previous year: € 38 million).<br />

49 Securitised debt<br />

The following table shows a breakdown of total securitised debt by type of financial instrument. Information on the carrying amount has<br />

been disclosed for each category of securitised debt.<br />

in € million<br />

Consolidated Financial Statements<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Bonds issued 29,540 30,035 – 2<br />

Mortgage bonds 7,887 6,625 19<br />

Public-sector pfandbriefs 13,838 15,291 – 10<br />

Other bonds 7,815 8,119 – 4<br />

Other securitised debt 286 482 – 41<br />

Total 29,826 30,517 – 2<br />

Other bonds include money market papers (e.g.: commercial papers, certificates of deposit and euro notes) and promissory notes.<br />

Notes<br />

161


Notes to the Balance Sheet<br />

Contractual remaining maturities of securitised debt:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

up to three months 3,259 2,289 42<br />

between three months and one year 2,021 5,417 – 63<br />

between one and five years 16,126 12,912 25<br />

more than five years 8,420 9,899 – 15<br />

Total 29,826 30,517 – 2<br />

Material issuances, repurchases and repayments of debt and equity securities in the 2008 financial year can be broken down as follows:<br />

Category<br />

Currency<br />

Nominal amount<br />

(in million<br />

currency units)<br />

Issue Bonds EUR 5,025<br />

Repayment Money market securities GBP 95<br />

Bonds EUR 8,014<br />

Bonds DEM 230<br />

Buyback Bonds EUR 250<br />

Repurchases of own issues also form part of the Bank’s regular trading activities. The total amount of securitised debt includes deferred<br />

interest of € 546 million (previous year: € 528 million).<br />

No collateral was pledged for own debt in the financial year or the previous year.<br />

50 Negative fair value of derivative hedging instruments<br />

Hedging instruments with a negative fair value to which hedge accounting in line with IAS 39 was applied break down as follows:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Negative fair values of derivatives in micro fair value hedges 857 555 54<br />

Negative fair values of derivatives in macro cash flow hedges 483 430 12<br />

Total 1,340 985 36<br />

51 Financial liabilities recognised at fair value through profit or loss<br />

This item includes trading liabilities and investment book derivatives (HfT) and financial liabilities designated at fair value (FVO).<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Trading liabilities 13,423 7,774 73<br />

Financial liabilities designated at fair value (fair value option) 13,674 14,119 – 3<br />

Total 27,097 21,893 24<br />

162


Trading liabilities (HfT)<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Obligations from short sales of securities 274 811 – 66<br />

Negative fair value of trading book derivative financial instruments 10,403 5,432 92<br />

Negative fair value of investment book derivative financial instruments 2,746 1,531 79<br />

Total 13,423 7,774 73<br />

Breakdown of liabilities held for trading by remaining maturity:<br />

in € million<br />

up to three<br />

months<br />

between three<br />

months and<br />

one year<br />

between one<br />

and five years<br />

more than<br />

five years<br />

Obligations from short sales of securities 187 5 71 11 274<br />

Negative fair value of trading book derivative financial instruments 445 1,000 4,787 4,171 10,403<br />

Negative fair value of investment book derivative financial instruments 34 151 1,083 1,478 2,746<br />

Total 666 1,156 5,941 5,660 13,423<br />

Financial liabilities designated at fair value (FVO)<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Deposits by banks 624 465 34<br />

Amounts due to customers 1,066 873 22<br />

Securitised debt 11,802 12,604 – 6<br />

Subordinated capital / hybrid capital 182 177 3<br />

Total 13,674 14,119 – 3<br />

Breakdown of fair value option financial liabilities (FVO) by contractual remaining maturity:<br />

in € million<br />

up to three<br />

months<br />

between three<br />

months and<br />

one year<br />

between one<br />

and five years<br />

Consolidated Financial Statements<br />

more than<br />

five years<br />

Deposits by banks 21 160 338 105 624<br />

Amounts due to customers 19 102 355 590 1,066<br />

Securitised debt 1,104 345 6,097 4,256 11,802<br />

Subordinated capital / hybrid capital 0 0 77 105 182<br />

Total 1,144 607 6,867 5,056 13,674<br />

The change in the fair values of the above items due to a change in (the Bank’s own) default risk (credit spread) for 2008 amounts to<br />

€ – 93 million (previous year: € 6 million). The cumulative changes in value amounted to € – 41 million (previous year: € – 49 million).<br />

In calculating the above amounts, liabilities were initially measured at the respective current credit spread on the balance sheet<br />

date. The liabilities were then measured at the respective credit spread of the previous year’s balance sheet date. The portion of the<br />

change in fair value relating to the change in (the Bank’s own) risk of default (credit spread) is therefore the difference between these two<br />

measurements.<br />

The difference between the carrying amount of the financial liability and the greater amount to be repaid by the Bank on maturity<br />

as contractually agreed was € – 342 million (previous year: € – 809 million). This includes the effect of zero bonds and zero promissory<br />

notes in the amount of € – 591 million (previous year: € – 612 million) arising from the discounted payment typical for zero bonds and zero<br />

promissory notes and repayment at the nominal amount.<br />

Notes<br />

Total<br />

Total<br />

163


Notes to the Balance Sheet<br />

52 Provisions<br />

Provisions break down as follows:<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Pension provisions 844 842 0<br />

Other provisions 324 428 – 24<br />

Provisions for EU measures 15 21 – 29<br />

Restructuring provisions 46 63 – 27<br />

Provisions for risks from the lending business 24 35 – 31<br />

Miscellaneous other provisions 239 309 – 23<br />

Total 1,168 1,270 – 8<br />

Provisions for EU measures relate to the sale of <strong>Berlin</strong>er Bank. Restructuring provisions include staff and location measures. Provisions for<br />

risks from the lending business relate primarily to guarantees. Other provisions include amounts for staff, onerous losses, litigation costs,<br />

restoration costs and other taxes.<br />

The majority of provisions are due after one year. Only the amounts for staff and other taxes included under miscellaneous provisions<br />

are generally due within one year.<br />

52.1 Pension provisions<br />

Detailed information on provisions for pensions and similar obligations.<br />

General information<br />

In the <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> Group, employees acquire rights and benefits from direct pension plans. The pension provisions required<br />

to satisfy the obligations arising from these direct pension plans are recognised in the balance sheet accordingly.<br />

Measurement method and actuarial assumptions<br />

Provisions for retirement benefits are calculated annually by third-party actuarial experts using the projected unit credit (PUC) method in<br />

accordance with IAS 19.64. This method sees each period of service as giving rise to an additional unit of the final benefit entitlement and<br />

measures each unit separately to build up the final obligation.<br />

Assets<br />

Plan assets are recognised at fair value (IAS 19.102).<br />

Recognition of actuarial gains and losses<br />

In order to settle actuarial gains and losses, the Bank exercises the option to offset all gains and losses incurred in a reporting year against<br />

equity (IAS 19.93A). As a result, actuarial gains and losses are shown in full in equity.<br />

In financial year 2008, the effects in equity amount to € 28 million (previous year: € 101 million).<br />

Pension obligations<br />

a) Defined contribution plan<br />

For one group of employees, the pension plan is an indirect defined contribution plan in which the employer pays set pension contributions<br />

to third-party funds (pension funds and life insurance companies), possibly with the employee also contributing. In such cases, the amount<br />

of future benefits is determined by the contributions paid and – for the non-guaranteed portion of benefits – the cumulative return on these<br />

assets. As a result of the classification of this pension scheme, the contributions paid to third-party insurance funds are recognised as a<br />

current expense; accordingly, no pension provisions are required to be recognised.<br />

In the financial year, € 555 thousand was recognised in the income statement as a current expense (previous year: € 595 thousand).<br />

164


) Defined benefit plan<br />

There are several pension schemes of various methodologies in the <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong>. All pension plans are based on corresponding<br />

collective service agreements or individual commitments contained in employment contracts (pension agreements). The key pension<br />

schemes are:<br />

Group pension scheme (Plan 100)<br />

Pension schemes for employees who joined the Company before 1 July 1988 (Plan 200)<br />

Pension schemes for employees who joined the Company after 30 June 1988 (Plan 210)<br />

Individual pension agreements (Plan 220 / 230)<br />

Pension in accordance with the articles of association of the Versorgungsanstalt des Bundes und der Länder – VBL – (Plan 300)<br />

Pension scheme for <strong>Landesbank</strong> <strong>Berlin</strong> (Plan 310)<br />

Pension scheme dated 1 January 1984 (<strong>Berlin</strong>Hyp)<br />

Pension scheme dated 30 December 1993 (<strong>Berlin</strong>Hyp)<br />

Pension scheme of the former <strong>Berlin</strong>er Industriebank (Plan 520 / 521)<br />

These are essentially salary-based systems (pension unit / points system), salary-based benefit systems (final salary pension plans) and<br />

nominal amount systems (flat salary pension plans). Retirement, reduced working capacity earnings and surviving dependants’ pensions<br />

are provided for depending on the occurrence of the insured event under the statutory pension scheme. There are no gender-specific or<br />

age-based distinctions. The standard age limit is generally the employee’s 65th birthday, unless the age limit for the statutory pension<br />

scheme is applied. Company pensions are paid for life; lump-sum benefits are not generally provided for. Benefits are adjusted in accordance<br />

with agreed criteria (e.g. development of collective salary agreements) or under the duty to make adjustments in accordance with<br />

Article 16 BetrAVG (German Company Pensions Act).<br />

As at 31 December 1994, all collective pension schemes were closed for new entrants. Since 1 January 1995, direct pension<br />

schemes for newly appointed employees have been defined in accordance with the regulations of the Group pension scheme.<br />

There is an occupational pension scheme for <strong>Landesbank</strong> <strong>Berlin</strong> International S.A. (Luxembourg) and <strong>Landesbank</strong> <strong>Berlin</strong> AG,<br />

Luxembourg branch. The obligation was spun off to a third-party insurance company. The scheme provides for retirement benefits and<br />

benefits for the event of invalidity and for surviving dependents. The financing of this scheme is the responsibility for the employer only.<br />

The annual premiums are calculated in line with German Commercial Code regulations. This is also a defined benefit system as the amount<br />

of benefits – irrespective of the premiums paid – is ultimately based on the pensionable annual salary at the time of the occurrence of<br />

the insured event.<br />

Consolidated Financial Statements<br />

Provident fund<br />

The “Unterstützungskasse der <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG e.V.” provident fund is a legally independent pension institution in the legal<br />

form of a registered association. It was formed in 1952 and has the sole purpose of providing its members with benefits (pensions due to<br />

old age, reduced earnings capacity, pensions for surviving dependents). The provident fund is financed in accordance with the principles<br />

of Article 4d EStG, which defines the scope and permissibility of allocations / voluntary grants by sponsoring companies and the amount of<br />

cash assets permissible under tax regulations.<br />

As at 1 July 1999, the method of performance for occupational pension schemes in the Group was harmonised. From this date<br />

onwards, ongoing company pensions in the Group are financed exclusively from the pension provisions of the companies. Members receiving<br />

ongoing benefits from the provident fund prior to the above date were not affected by this.<br />

As at 31 December 2008, 880 pensions were receiving monthly benefits from the provident fund. The cash assets of the provident<br />

fund (all sponsoring companies) as at 31 December 2008 amounted to around € 20.4 million (previous year: around € 22.7 million).<br />

Notes<br />

165


Notes to the Balance Sheet<br />

Actuarial assumptions<br />

Economic assumptions:<br />

31.12.2008 31.12.2007<br />

Interest rate 5,80 % 5,70 %<br />

Salary trend 3,00 % – 3,50 % 2,50 % – 3,00 %<br />

Pension trend (individually by pension plan) 1,00 % – 3,00 % 1,00 % – 3,00 %<br />

Development of income threshold in statutory pension scheme (BBG)<br />

(within and outside Germany) 2,00 % – 3,00 % 1,00 % – 2,50 %<br />

Asset yields (provident fund only) 4,20 % 4,93 %<br />

Fluctuation (total asset holdings)<br />

Up to age of 30 5,00 % 5,00 %<br />

Up to age of 40 3,00 % 3,00 %<br />

Up to age of 50 1,00 % 1,00 %<br />

From 50 and upwards 0,00 % 0,00 %<br />

Developments on the financial market were taken into account in establishing the interest rate. The adjustments made to the securities<br />

included in the iBoxx indices for <strong>Corp</strong>orate as of 2 January 2009 due to pending rating downgrades from the year under review, where the<br />

yields generally decreased, were also included in calculating the interest rate at the reporting date. There is therefore only a slight year-on-year<br />

increase in the interest rate, from 5.7 % to 5.8 %. It can be expected that the effects of the crisis on the financial markets will lead to an<br />

increase in the credit spread, including for high-quality bonds, and thus a higher interest rate. Overall, the present value of the pension<br />

obligation decreases, increasing equity.<br />

Demographic assumptions:<br />

Pension age: Earliest possible start of pension in statutory pension scheme in accordance with RVAGAnpG<br />

Biometric risks: Prof. Heubeck tables, 2005 G IGSS mortality tables (Luxembourg)<br />

Structure of provisions for pensions:<br />

in € million 31.12.2008 31.12.2007<br />

Present value of funded pension provisions (DBO) 25 26<br />

Less fair value of plan assets – 20 – 23<br />

5 3<br />

Present value of non-funded pension provisions (DBO) 839 839<br />

Total 844 842<br />

Development of provisions for pensions:<br />

in € million 2008 2007<br />

Provisions for pensions as at 1.1. 842 920<br />

Current service cost 18 23<br />

Past service cost – – 7<br />

Interest cost 48 42<br />

Expected return on plan assets – 1 – 1<br />

Pension benefits paid in reporting year – 35 – 34<br />

Changes in the scope of consolidation – 0<br />

Actuarial gain / loss – 28 – 101<br />

Provisions for pensions as at 31.12. 844 842<br />

166


Development of pension obligations (DBO):<br />

in € million 2008 2007<br />

Pension obligations as at 1.1. 865 946<br />

Current service cost 18 23<br />

Past service cost – – 7<br />

Interest cost 48 42<br />

Pension benefits paid in reporting year – 38 – 37<br />

Changes in the scope of consolidation – 0<br />

Actuarial gain / loss – 29 – 102<br />

Pension obligations as at 31.12. 864 865<br />

The provisions for pensions and similar obligations in the Group – including actuarial gains and losses – increased by € 2 million to € 844 million<br />

(previous year: € 842 million).<br />

Structure of plan assets<br />

The structure of plan assets shown relates solely to the provident fund.<br />

in % 2008 2007<br />

Bonds<br />

Fixed-income 75,6 74,2<br />

Non-fixed income 4,8 4,5<br />

Shares, investment certificates, options<br />

Domestic 15,5 16,9<br />

International 2,0 3,7<br />

Bank balances 2,1 0,7<br />

Other assets 0,0 0,0<br />

Total 100.0 100.0<br />

The expected return on plan assets is derived from current returns for the financial year for the various asset classes, taking into consideration<br />

their weighting in total assets.<br />

Development of plan assets<br />

The plan assets consist of the assets of the provident fund (€ 20.2 million) and three direct insurance policies (€ 0.4 million).<br />

in € million 2008 2007<br />

Fair value of plan assets as at 1.1. 23 26<br />

Expected return on plan assets 1 1<br />

Actuarial gain / loss – 1 – 1<br />

Pension payments – 3 – 3<br />

Fair value of plan assets as at 31.12. 20 23<br />

Current income from plan assets amounts to € 634 thousand (previous year: € – 81 thousand).<br />

The assets of the provident fund include fixed-income debt securities of a subsidiary in the amount of €2.5 million (previous year:<br />

€2.4 million), but no non-fixed-income securities (previous year: €0.1 million).<br />

Actuarial gains and losses offset against shareholders’ equity:<br />

Consolidated Financial Statements<br />

in € million 2008 2007<br />

Actuarial gains / losses<br />

Financial year 28 101<br />

Cumulative previous years – 42 – 143<br />

Total – 14 – 42<br />

Notes<br />

167


Notes to the Balance Sheet<br />

Summary of amounts recognised in the income statement:<br />

in € million 2008 2007<br />

Current service cost 18 23<br />

Past service cost – – 7<br />

Interest cost 48 42<br />

Expected return on plan assets – 1 – 1<br />

Total 65 57<br />

These amounts are all reported in the income statement under administrative expenses.<br />

Overview of key data for the financial year and the maximum four preceding years:<br />

in € million 2008 2007 2006 2005<br />

Pension obligation (DBO) 864 865 946 943<br />

Plan assets 20 23 26 28<br />

Surplus in the plan 844 842 920 915<br />

Actuarial gains and losses 28 101 – 20 1) – 86<br />

in %<br />

Experience adjustments to:<br />

DBO 2,0 12,5 2) – 0,75<br />

Plan assets – 2,0 – 5,0 1,4<br />

1) not including <strong>Berlin</strong>er Bank<br />

2) relates almost exclusively to the effects of changes in actuarial assumptions<br />

Expected future receipts and payments:<br />

in € million 2009 2008<br />

Payments into plan assets (provident fund) 0 0<br />

Expected direct pension payments – 36 – 34<br />

Pension-related obligations also include obligations for early retirement plans and partial retirement plans, which are also calculated on an<br />

actuarial basis. As at 31 December 2008, calculations were based on an interest rate of 5.2 % (previous year: 4.8 %). These obligations are<br />

reported under “Other provisions”.<br />

52.2 Other provisions<br />

in € million 2008 2007<br />

As of 1.1. 428 543<br />

Additions 42 129<br />

Utilisation 82 144<br />

Reversals 67 122<br />

Reclassification 0 15<br />

Change in scope of consolidation – 1 0<br />

Effects of changes in exchange rates – 1 0<br />

Interest effects 5 7<br />

As of 31.12. 324 428<br />

168


Of which: Provisions for EU measures<br />

in € million 2008 2007<br />

As of 1.1. 21 32<br />

Additions 0 0<br />

Utilisation 0 6<br />

Reversals 7 6<br />

Reclassification 0 0<br />

Change in scope of consolidation 0 0<br />

Interest effects 1 1<br />

As of 31.12. 15 21<br />

Of which: restructuring provisions<br />

in € million 2008 2007<br />

As of 1.1. 63 81<br />

Additions 4 1<br />

Utilisation 7 8<br />

Reversals 11 8<br />

Reclassification – 5 – 6<br />

Change in scope of consolidation 0 0<br />

Interest effects 2 3<br />

As of 31.12. 46 63<br />

Of which: provisions for risks from the lending business<br />

in € million 2008 2007<br />

As of 1.1. 35 74<br />

Additions 2 14<br />

Utilisation 1 10<br />

Reversals 13 46<br />

Reclassification 1 3<br />

Change in scope of consolidation 0 0<br />

As of 31.12. 24 35<br />

Of which: miscellaneous other provisions<br />

Consolidated Financial Statements<br />

in € million 2008 2007<br />

As of 31.12. 309 356<br />

Additions 36 114<br />

Utilisation 74 120<br />

Reversals 36 62<br />

Reclassification 4 18<br />

Change in scope of consolidation – 1 0<br />

Effects of changes in exchange rates – 1 0<br />

Interest effects 2 3<br />

As of 31.12. 239 309<br />

Notes<br />

169


Notes to the Balance Sheet<br />

53 Income tax liabilities<br />

Income tax liabilities break down as follows:<br />

in € million<br />

31.12.2008 31.12.2007 1) Change<br />

in %<br />

Current taxes 157 199 – 21<br />

Deferred taxes 33 32 3<br />

Total 190 231 – 18<br />

1) Figures for the previous year have been adjusted<br />

Deferred tax liabilities reflect the potential income tax charges arising from timing differences between the carrying amounts of assets and<br />

liabilities in the IFRS consolidated balance sheet and the tax base in accordance with local tax laws for Group companies. Deferred tax<br />

liabilities were recognised in connection with the following items (before netting):<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Loans and advances to banks and customers less risk provisioning 7 16 – 56<br />

Positive fair value of derivative hedging instruments 228 110 > 100<br />

Financial assets recognised at fair value 3,540 1,719 > 100<br />

Financial assets 66 11 > 100<br />

Property, plant and equipment and intangible assets 109 114 – 4<br />

Other assets 0 153 – 100<br />

Deposits by banks and amounts due to customers 792 441 80<br />

Securitised debt 139 86 62<br />

Provisions 5 3 67<br />

Other liabilities 29 33 – 12<br />

Subtotal 4,915 2,686 83<br />

Netted against deferred tax assets – 4,882 – 2,654 84<br />

Total 33 32 3<br />

For the purposes of presentation in the balance sheet deferred tax assets and liabilities were netted at the level of the individual company<br />

or the respective group of companies taking into account international operations.<br />

54 Other liabilities<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Liabilities from collateral received 1,733 675 > 100<br />

Trade payables 71 69 3<br />

Deferred income 43 98 – 56<br />

Other tax liabilities (excl. income tax liabilities) 3 4 – 25<br />

Miscellaneous 65 172 – 62<br />

Total 1,915 1,018 88<br />

All liabilities are to be met in the short term.<br />

170


55 Liabilities assigned to groups of assets held for sale<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Amounts due to customers 0 1 – 100<br />

Miscellaneous 83 0 x<br />

Total 83 1 > 100<br />

The item presented includes liabilities from the retail banking business of <strong>Landesbank</strong> <strong>Berlin</strong> International S.A. The sale of this retail banking<br />

business was agreed in the contract of 1 October 2008.<br />

56 Subordinated capital<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Subordinated liabilities 2,446 2,459 – 1<br />

up to three months 927 23 > 100<br />

between three months and one year 220 224 – 2<br />

between one and five years 825 1,948 – 58<br />

more than five years 474 264 80<br />

Profit participation certificates 4 4 0<br />

up to three months 4 4 0<br />

Dormant participations 687 700 – 2<br />

more than five years 687 700 – 2<br />

Total 3,137 3,163 – 1<br />

In accordance with Article 10 (5a) KWG, subordinated liabilities count as equity for regulatory purposes. Subordination refers to the order in<br />

which creditors’ claims are satisfied in the event of insolvency or liquidation. In such cases, subordinated liabilities are only repaid after the<br />

claims of all prior creditors have been satisfied.<br />

Due to the net loss for the year, LBB does not receive compensation for dormant participation in financial year 2008. Instead, a sum<br />

of € 13 million had to be used for covering losses on a proportionate basis. Recognition of the dormant participation at the time of reporting<br />

decreased by this loss allocation. However, € 51 million was paid as compensation for the previous year.<br />

57 Shareholders’ equity<br />

in € million<br />

31.12.2008 31.12.2007 1) Change<br />

in %<br />

Issued capital 2,554 2,554 0<br />

Capital reserves 77 77 0<br />

Retained earnings – 93 – 14 < – 100<br />

Legal reserves 13 13 0<br />

Other retained earnings – 94 14 < – 100<br />

Reserves for pensions measured in line with IFRS – 12 – 41 71<br />

Currency translation reserve – 9 – 2 < – 100<br />

Revaluation reserve – 664 – 182 < – 100<br />

Revaluation reserve (AfS) – 753 – 275 < – 100<br />

Revaluation reserve (CFH) – 119 16 < – 100<br />

Revaluation reserve for deferred taxes 208 77 > 100<br />

Minority interests 80 414 – 81<br />

Total 1,945 2,847 – 32<br />

1) Figures for the previous year have been adjusted<br />

In the previous year, reserves for the measurement of pensions were included under other retained earnings.<br />

Consolidated Financial Statements<br />

Notes<br />

171


Other Notes<br />

58 Adjustments due to changes in accordance with IAS 8<br />

Adjustments were made in line with IAS 8.42 in the annual financial statements as at 31 December 2007 and the interim financial statements<br />

as at 31 March 2008, 30 June 2008 and 30 September 2008. However, this did not necessitate any adjustment to the comparative figures<br />

for the previous year in the annual financial statements as at 31 December 2008.<br />

As at 31 December 2008, a new matter resulted in further adjustments:<br />

Reversal of impairment losses on receivables:<br />

The method for determining reversals of impairment losses on receivables was refined further in financial year 2008. Detailed information<br />

was therefore available, allowing for a differentiated assessment of individual cases. In applying this refined method, reversals of impairment<br />

losses were also identified relating to 2007 (€ 14.8 million), 2006 (€ 7.7 million) and 2005 (€ 0.6 million). Amounts relating to the previous<br />

year are adjusted in accordance with IAS 8.42.<br />

Deferred taxes<br />

The above earnings adjustments, including the downstream effects of the adjustment made in the previous year, resulted in a net deferred<br />

tax expense of € 4.5 million in the comparative income statement as at 31 December 2007 and a reduction in the retained earnings in<br />

equity in the amount of € 2.6 million.<br />

The above adjustments had the following effect on the comparative figures for the income statement as at 31 December 2007 (after<br />

calculation of deferred taxes on the adjustments):<br />

Income statement 2007<br />

in € million<br />

Published<br />

consolidated<br />

financial<br />

statements<br />

Adjustment<br />

Consolidated<br />

financial statements<br />

after<br />

adjustment<br />

Allowance for losses on loans and advances 1) – 53 15 – 68<br />

Operating profit before restructuring 285 15 300<br />

Restructuring expenditure and income (net) 6 – 6<br />

Net profit before taxes 291 15 306<br />

Income tax expense 2) 71 5 76<br />

Earnings after taxes 220 10 230<br />

1) due to reversal of impairment losses<br />

2) due to deferred taxes<br />

These adjustments have no effect on the previous year’s earnings per share.<br />

In connection with the above adjustments, we corrected the 2007 comparative figures for the relevant balance sheet items as follows:<br />

Balance sheet as at 31.12.2007<br />

in € million<br />

Published<br />

consolidated<br />

financial<br />

statements<br />

Adjustment<br />

Consolidated<br />

financial statements<br />

after<br />

adjustment<br />

Loans and advances to customers 1) 47.003 23 47.026<br />

Deferred tax assets 2) 800 – 7 793<br />

Retained earnings 1) 2) – 143 16 – 127<br />

1) due to reversal of impairment losses<br />

2) due to deferred taxes<br />

172


The following adjustments were also made:<br />

The related party disclosures in the notes include additional reclassifications and adjustments to the prior-year comparative figures for<br />

the balances arising from the inclusion or non-inclusion of companies.<br />

The contingent liabilities disclosures in the notes include contingencies from rental guarantees. This amount was reported too high in the<br />

previous year and has now been adjusted.<br />

The 2007 comparative figures for segment reporting, which were also adjusted, and other method-related changes made in the segments<br />

are presented in note 6.<br />

59 Trust Activities<br />

Trust activities, which are not reported in the balance sheet, existed as follows at the balance sheet date:<br />

in € million<br />

Loans and advances to customers<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

210 343 – 39<br />

Trust assets 210 343 – 39<br />

Deposits by banks 9 3 > 100<br />

Amounts due to customers 201 340 – 41<br />

Trust liabilities 210 343 – 39<br />

60 Contingent liabilities and similar obligations<br />

Contingent liabilities and similar obligations were not recognised in the balance sheet. They describe current obligations of the Group in<br />

which an outflow of economic resources to settle the obligations is not likely or the amount / settlement date of the obligation cannot be<br />

reliably determined.<br />

A possible default from irrevocable loans commitments was taken into consideration by the recognition of a portfolio-based<br />

allowance for impairment losses, which was reported under risk provisioning (note 36).<br />

Quantifiable<br />

in € million<br />

Consolidated Financial Statements<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Contingent liabilities from guarantees and warranties 2.220 4.399 – 50<br />

Credit guarantees 931 2.334 – 60<br />

Letters of credit 8 52 – 85<br />

Other guarantees 1.281 2.013 – 36<br />

Irrevocable loan commitments (current account credits, guarantee loans,<br />

public-sector / mortgage loans, other irrevocable loan commitments) 3.743 5.402 – 31<br />

Other contingent liabilities 0 59 – 100<br />

Total 5.963 9.860 – 40<br />

As at 31 December 2008, contingencies from rental guarantees in the Group still amounted to € 626 million (previous year: € 617 million).<br />

In some cases, liability for the joint and several liability of various companies agreed in the detailed agreement with the State of <strong>Berlin</strong><br />

was allocated internally by way of an agreement dated August 2002, supplemented in August 2004. This provides for a partial reimbursement<br />

of costs, largely in line with the investments in the company with which liability originated.<br />

Notes<br />

173


Other Notes<br />

The detailed agreement also includes provisions relating to a debtor warrant, which is designed as a partial profit transfer agreement with<br />

a term of 15 years and based on defined equity ratios. In exchange for protection from risks, a fixed amount of € 15 million is to be paid<br />

annually to the State of <strong>Berlin</strong>, starting from the 2002 financial year and initially continuing up to and including 2011. Negotiations will then<br />

be reopened. These costs were also allocated on the basis of the agreement dated August 2002, supplemented in August 2004, providing<br />

for the reimbursement of the costs by <strong>Landesbank</strong> <strong>Berlin</strong> AG, <strong>Berlin</strong>-Hannoversche Hypothekenbank AG and Investitionsbank <strong>Berlin</strong> in<br />

accordance with the volume ratios of the banks’ loans protected by the loan guarantee.<br />

In the year under review, the additional funding obligations from investments in the amount of € 13 million (previous year: € 13 million)<br />

relate solely to the investment in Liquiditätskonsortialbank GmbH. There are also payment obligations for investments of € 9 million<br />

(previous year: € 10 million).<br />

In the case of four closed-end real estate funds, Group companies are obliged to acquire the limited partners’ units on request.<br />

These obligations have a total nominal (100 %) amount of € 188 million. The redemption values may be up to 115 % or € 216 million of the<br />

nominal obligations if the rights of tender are not exercised before 2024.<br />

The contributions for the Sicherungsreserve der <strong>Landesbank</strong>en und Girozentralen were measured in line with risk-oriented principles.<br />

As of the end of the year, this resulted in an obligation to make a supplementary contribution of up to € 119 million on the part of <strong>Landesbank</strong><br />

<strong>Berlin</strong> AG should it be established that support is required resulting from the joint liability. This contribution can then be demanded immediately.<br />

The Bank achieved the agreed minimum acceptance quantities in the IT service agreements with FinanzIT GmbH (FinanzIT) and<br />

Siemens Business Services Management GmbH (SIS).<br />

Non-quantifiable<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG holds a 90.4 % interest in <strong>Berlin</strong>-Hannoverschen Hypothekenbank AG. In line with the contract of December 2007,<br />

this is a member of the <strong>Landesbank</strong> and Girozentralen Deposit Guarantee Reserve. In accordance with the declaration of 12 December<br />

2007, <strong>Landesbank</strong> <strong>Berlin</strong> AG is obliged, as the holder of the Deposit Guarantee Reserve of the <strong>Landesbank</strong>s and Girozentralen, to<br />

refund all expenses of Deutsche Sparkassen- und Giroverband e.V., including interest and foregone interest income for support measures,<br />

which cannot be settled using financial resources from the fund created for <strong>Berlin</strong>-Hannoversche Hypothekenbank AG.<br />

In accordance with Article 5 (10) of the Statutes of the Deposit Guarantee Fund, <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG is also directly obliged<br />

to exempt Bundesverband deutscher Banken e.V. in the event of any losses that may occur as a result of measures taken for netbank AG.<br />

The main contingent liabilities relating to litigation or legal risks are as follows:<br />

Indemnity declarations by LBB and IBG<br />

Disposal of the shares in Allgemeine Privatkundenbank Aktiengesellschaft (Allbank)<br />

Risks from the implementation of the detailed agreement and the disposal of the key Group real estate companies to the State of <strong>Berlin</strong><br />

Proceedings instigated by a fund company<br />

Proceedings relating to contested AGM resolutions<br />

There are also contingent assets arising from litigation, the amount of which cannot be reliably measured at the current time. Therefore, no<br />

figure has been disclosed in accordance with IAS 37.92.<br />

Further information on legal risks can be found in the management report in the risk report section.<br />

In the context of the financing to save Hypo Real Estate, <strong>Landesbank</strong> <strong>Berlin</strong> contributed to liquidity assistance for the German financial<br />

sector in two stages with a maximum of € 800 million and a counter-guarantee of the S-Finanzgruppe. Since 2007, it has also participated<br />

in a concerted action for SachsenLB and IKB Deutsche Industriebank AG.<br />

Like other <strong>Landesbank</strong>s and the Deutscher Sparkassen- and Giroverband, corporation under public law, <strong>Landesbank</strong> <strong>Berlin</strong> AG was<br />

a guarantor of DekaBank Deutsche Girozentrale. On 30 November 2002, <strong>Landesbank</strong> <strong>Berlin</strong> sold its shares in DekaBank. The obligations<br />

of <strong>Landesbank</strong> arising from the Anstaltslast (maintenance obligation) and Gewährträgerhaftung (guarantee obligation) that it assumed for<br />

DekaBank ended as of the date of the sale with effect for the foreseeable future. <strong>Landesbank</strong> continues to have a guarantee obligation for<br />

liabilities arising prior to that date.<br />

Letters of comfort<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG ensures that its subsidiaries, as defined by Article 290 (1) and 2 HGB indicated as currently covered in the list of<br />

shareholdings in accordance with Article 313 (2) HGB, can meet their obligations, with the exception of political risks, in the amount of its<br />

(calculated) investment rate in these companies.<br />

174


In addition, <strong>Landesbank</strong> <strong>Berlin</strong> AG bears all liabilities and obligations of the above letters of comfort expressly issued by the former<br />

Bankgesellschaft <strong>Berlin</strong> AG (now <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG), <strong>Berlin</strong>, to a specific creditor of IDLG Immobiliendienstleistungen GmbH,<br />

<strong>Berlin</strong>, and the former Mario Göhr Grundstücks GmbH, <strong>Berlin</strong>, (merged to form GfBI Gesellschaft für Beteiligungen und Immobilien mbH,<br />

<strong>Berlin</strong> in 2007). In the case of IDLG Immobiliendienstleistungen GmbH, this letter of comfort is limited until 30 June 2015; for the liabilities<br />

and obligations of the former Mario Göhr Grundstücks GmbH assumed by GfBI Gesellschaft für Beteiligungen und Immobilien GmbH,<br />

this applies until no later than 31 December 2010.<br />

61 Risk management<br />

The purpose of the disclosure requirements under IFRS is to ensure that readers of the financial statements have a comprehensive overview<br />

of the risk situation of the Group, thus giving them a better understanding of the effects of financial instruments on the net assets, financial<br />

position and results of operations.<br />

The information required by IFRS 7 on the nature and extent of risks arising from financial instruments and their management can<br />

be found in the risk report in the management report.<br />

62 Fair values of financial instruments<br />

62.1 Re-categorisation of financial instruments<br />

In the past financial year, the Group made use of the possibility of re-categorising financial assets measured at fair value into the HfT or<br />

AfS category. The reason for this was the sharp decrease in trading activities in the context of the financial market crisis and the resulting<br />

illiquidity of the market in some cases.<br />

As of 1 October 2008, financial assets which were categorised as financial assets available for sale (AfS) were re-categorised under<br />

L & R. This re-categorisation affected variable-interest and fixed-interest securities and a participation certificate. The Group both intends<br />

to and is able to hold these securities over a long period or to maturity.<br />

As of 9 December 2008, securities in the HfT category were also re-categorised and are now recognised as financial assets in the<br />

L & R category. Here also, the Group both intends to and is able to hold these securities over a long period or to maturity.<br />

Fair value and carrying amount at the date of re-categorisation / at the end of the financial year:<br />

in € million<br />

Carrying amount<br />

at the date<br />

of re­categorisation<br />

(A = 1.10.2008 / B = 9.12.2008)<br />

Carrying<br />

amount<br />

31.12.2008<br />

Fair value<br />

31.12.2008<br />

A. from AfS financial assets to L & R financial assets 37,821 36,696 36,470<br />

B. from held-for-trading to L & R financial assets 504 501 503<br />

Part of the change in value is due to the fact that the amounts for A have decreased by € 1,221 million since re-categorisation due to maturities.<br />

As at the date of re-categorisation, the effective interest rate for financial instruments in category A was between 1.44 % and<br />

15.33 %, with anticipated recoverable cash flows of € 43,888 million. The effective interest rate for financial instruments in category B was<br />

between 3.97 % and 9.89 % at the date of re-categorisation, with anticipated recoverable cash flows of € 615 million.<br />

Changes in value totalling € – 295 million (previous year: € – 132 million) and a valuation difference recognised in net profit or loss<br />

totalling € – 210 million (previous year: € – 115 million) were recognised in the revaluation surplus for these financial instruments in the past<br />

financial year up to the date of re-categorisation.<br />

Consolidated Financial Statements<br />

Since re-categorisation, interest amortisation totalling € – 7 million and impairment expense totalling € 16 million was recognised in<br />

net profit or loss for these instruments. In addition, the re-categorisation resulted in an amortisation of the AfS revaluation surplus, leading to<br />

a € 58 million increase in this surplus by 31 December 2008. However, this amortisation is offset by amortisation of the carrying amount for<br />

re-categorised financial assets in net interest income and therefore has no impact on the result.<br />

If no re-categorisation had taken place, € – 124 million would have been recognised in equity and € 3 million in net trading income<br />

as a result of the valuation change since the date of re-categorisation.<br />

Notes<br />

175


Other Notes<br />

62.2 Fair values of financial instruments<br />

Fair value is the amount for which an asset could be exchanged or a liability settled between knowledgeable, willing parties in an arm’s<br />

length transaction. Quoted market prices are used if available. If none are available, the fair value is calculated using internal valuation models<br />

with current market parameters. Investment techniques such as the present value method and the option pricing model are applied in this<br />

process. For some financial instruments, other factors which were appropriate for calculating the fair value of the financial instrument were<br />

taken into account as well as observable market data. Particularly if no current market prices are available, then modified quotes are used –<br />

i.e. adjustment of the most recent quotes to current development using input factors which can be observed on or derived from the market<br />

and own estimates.<br />

Below, there is a list comparing the fair values and carrying amounts for each class of financial instruments carried in the balance sheet at<br />

fair value / at amortised cost:<br />

Fair value Carrying amount Difference<br />

in € million 31.12.2008 31.12.2007 1) 31.12.2008 31.12.2007 1) 31.12.2008 31.12.2007<br />

Assets<br />

L & R 110,708 75,195 109,639 74,960 1,069 235<br />

Loans and advances to banks 22,143 25,949 22,049 25,978 94 – 29<br />

Loans and advances to customers 46,056 44,051 44,650 43,641 1,406 410<br />

Financial assets 42,509 5,196 42,940 5,341 – 431 – 145<br />

AfS 8,088 47,865 8,088 47,865 0 0<br />

Loans and advances to banks 302 527 302 527 0 0<br />

Loans and advances to customers 1,585 1,983 1,585 1,983 0 0<br />

Financial assets 6,201 45,355 6,201 45,355 0 0<br />

HtM 1,295 0 1,325 0 – 30 0<br />

Financial assets 1,295 0 1,325 0 – 30 0<br />

Total 120,091 123,060 119,052 122,825 1,039 235<br />

Liabilities and shareholders' equity<br />

OL<br />

Deposits by banks 46,054 50,734 45,950 50,686 104 48<br />

Amounts due to customers 2) 32,280 28,438 32,720 29,552 – 440 – 1,114<br />

Amounts due to customers 3) 32,923 29,569 32,720 29,552 203 17<br />

Securitised debt 29,905 30,424 29,826 30,517 79 – 93<br />

Subordinated capital incl. dormant participations 2,854 3,134 3,137 3,163 – 283 – 29<br />

Total 2) 111,093 112,730 111,633 113,918 – 540 – 1,188<br />

Total 3) 111,736 113,861 111,633 113,918 103 – 57<br />

1) Figures for the previous year have been adjusted<br />

2) Including theoretical tax scenarios for variable financial instruments<br />

3) Excluding theoretical tax scenarios for variable financial instruments<br />

Fair values cannot be determined for certain equity instruments (affiliated companies and investments) in financial assets and have therefore<br />

not been reported.<br />

For fair value category financial instruments (HfT and FVO) and hedging derivatives the carrying amounts are equal to the fair values;<br />

these transactions are therefore not shown in the above table and can be found under the appropriate note.<br />

For off-balance sheet business (trust activities, contingent liabilities and similar obligations) there are no significant fair values apart<br />

from the provisions recognised and the portfolio-based allowances for impairment losses created for off-balance sheet business. The<br />

corresponding nominal amounts are not shown in this table, but are included in the respective notes.<br />

62.3 Methods and assumptions used in calculating fair values<br />

In calculating fair values, the Group applies the regulations of IAS 39 including additional application information concerning measurement<br />

at fair value on inactive markets / for illiquidity. In the process, stock exchange prices / other market prices are initially used as a basis in<br />

line with the fair value hierarchy. Due to the market development of the course of financial year 2008, there was an increasing focus on<br />

modified market prices and model measurements as part of the multi-stage method of measurement already established in the Group.<br />

176


The market situation was dominated by a sharp decline in trading activities (significantly decreased trading volumes / revenues, lower<br />

numbers of transactions, increased bid-ask ranges), and sometime even a complete lack of trades. In addition, there is increased volatility,<br />

accompanied by a rise in the credit spreads, due both to lower ratings and to increased illiquidity and forced disposals.<br />

Overall, there was increased distrust on the securities and money markets, leading to price quotations which no longer corresponded<br />

to the price quotations previously established on the basis of effective markets. As a result, no market or transaction prices were<br />

available for large portfolios of bonds and ABS securities. In this market situation, even quotes provided are not reliable figures which can<br />

be applied as fair values for measurement, since there was no willingness to carry out actual transactions and also, quotations from different<br />

sources sometimes varied widely from one another or were themselves contradictory.<br />

The Group therefore made more intensive use of model measurements as part of the LBB multi-stage method of measurement.<br />

According to IAS 39.AG 82, the valuation methods factor in observable market data and other factors appropriate to influencing the fair<br />

value of a financial instrument. In the case of inactive markets, fair values are calculated on the basis of discounted cash flows, with<br />

the discounting factors including interest rates observable on the market, general credit spreads (external category spreads according<br />

to industry, origin and rating) and individual credit spreads (specific to the instrument and the issuer). In order to determine the latter, the<br />

most recently observed plausible, individual spreads or current spreads of related bonds and credit default swaps and their own estimates<br />

are considered in a differentiated examination. These may, for example, result from support activities by national governments. A change<br />

of 10 basis points upwards (downwards) in the spreads used would bring about a decrease (an increase) of around 0.31 % in the fair values<br />

of the portfolios in the fair value through profit or loss and AfS categories (nominal amount of approximately € 15.5 billion) as measured<br />

using the discounted cash flow method.<br />

Stock market prices are also used as the basis for calculating positive and negative market values of derivatives. If no stock market<br />

prices are available, the market value is calculated using the normal mathematical methods of measurement for the sector, in particular<br />

present value methods and option pricing models. The parameters used in the measurement models are determined on the balance sheet<br />

date based on market conditions available on the market.<br />

HfT and FVO financial instruments and hedging derivatives<br />

In line with the measurement hierarchy of IAS 39, the fair values of trading financial instruments and investment book derivatives (HfT)<br />

and hedging derivatives are primarily calculated on the basis of stock market and broker prices. If these amounts do not exist, fair value<br />

measurement relies on standard market measurement models using market parameters specific to the financial instruments. The latter<br />

applies to all OTC derivatives.<br />

In the context of FVO financial instruments, fair values are – in line with the measurement hierarchy – derived both from available<br />

market prices and calculated using the measurement model described at the beginning. Fair values for promissory note loans are calculated<br />

exclusively using measurement models.<br />

AfS receivables and financial assets<br />

Securities not held for trading, investments and affiliated companies reported as financial assets and some loans are assigned to the AfS<br />

category. Their fair value is determined on the basis of exchange or market prices. However in many cases, due to unavailable or infrequent<br />

exchange prices, fair values for bonds and other fixed-interest securities were calculated using the measurement model shown. If the fair<br />

value cannot be reliably determined, it is recognised at cost. The latter applies to non-listed shares in affiliated companies and investments.<br />

L & R receivables and financial assets<br />

The Group carries loans made directly to debtors and receivables due directly from debtors, acquired loans and receivables, bonds and<br />

ABS securities not traded on an active market at amortised cost – taking into account any impairment. The fair values stated here are<br />

generally calculated using the standard measurement model shown.<br />

Consolidated Financial Statements<br />

Loan portfolios are measured by discounting the cash flows with discounting factors, consisting of interest rates observable on the<br />

market and the credit spreads. These are derived from default probabilities on the basis of the internal rating and internal security levels.<br />

Due to technical considerations, costs were not included in the measurement process.<br />

For impaired receivables, cash flow profiles are derived on the basis of the collateral provided and realisation periods and expectations<br />

of future payments and costs. The recoverable amount and therefore the fair value are determined by adding the discounted cash<br />

flows as at the measurement date.<br />

Notes<br />

177


Other Notes<br />

Financial assets in the HtM category<br />

Bonds and other fixed-interest securities in the HtM category, which are recognised exclusively under financial assets, are carried at amortised<br />

cost. Fair values for these assets are derived both from available market prices and calculated using the measurement model shown.<br />

Liabilities, securitised debt and subordinated capital (OL category)<br />

Deposits by banks and amounts due to customers, securitised debt and subordinated capital are carried at amortised cost. The fair values<br />

for liabilities – of there are no market prices for these or securitised debt – are determined using standard, recognised measurement models.<br />

The fair values of subordinated capital including dormant participations are based on the present value method using the current<br />

market interest rate and appropriate risk premiums.<br />

Off-balance sheet transactions<br />

For off-balance sheet business (trust activities, and contingent liabilities and similar obligations), fair values were calculated only on the basis<br />

of models.<br />

For contingent liabilities and similar obligations, conditions in line with the market are agreed upon on conclusion. These are<br />

reviewed at least once a year and are adjusted in some cases. Trust activities only have a transmitting role.<br />

As a result of the regular review of conditions for guarantees and the generally short duration of the irrevocable loan commitments<br />

(including letters of credit), together with the pass-through role of trust activities, no significant features of business were identified which<br />

would lead to a fair value not equal to zero.<br />

63 Assets pledged as collateral<br />

Financial assets pledged as collateral include the following items (carrying amounts):<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Loans and advances to banks 2,151 3,873 – 44<br />

Loans and advances to customers 5,237 6,186 – 15<br />

Financial assets recognised at fair value through profit or loss 906 1,040 – 13<br />

Financial assets 34,746 31,073 12<br />

Other assets 2,957 1,281 > 100<br />

Total 45,997 43,453 6<br />

Collateral was pledged in the context of standardised master agreements (in line with ISDA and the German Master Agreement for Financial<br />

Derivatives Transactions), as is standard practice in international banking.<br />

There was no collateral that the Group received and can use if the event of the secured party not defaulting.<br />

64 Related party disclosures<br />

Related parties of the <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> Group in line with IAS 24 include the following groups:<br />

178<br />

S-Erwerbsgesellschaft (majority owner of LBBH with an 88 % stake, and general partner of Beteiligungsgesellschaft der S-Finanzgruppe<br />

mbH & Co. KG), Beteiligungsgesellschaft der S-Finanzgruppe mbH & Co. KG (S-Beteiligungsgesellschaft) and – as general partner of<br />

S-Erwerbsgesellschaft – Regionalverbandsgesellschaft mbH (RVG),<br />

subsidiaries of the <strong>Holding</strong> and companies over which the Group is able to exercise a significant influence and<br />

natural persons in key positions at LBB and the <strong>Holding</strong>, particularly the members of the Board of Management and the Supervisory<br />

Board, and the managing directors of the controlling parent company.


Majority owner related party disclosures<br />

As of 1 January 2008, <strong>Landesbank</strong> <strong>Berlin</strong> AG had a dormant participation by S-Erwerbsgesellschaft amounting to € 700 million.<br />

S-Erwerbsgesellschaft assumed the dormant participation in the context of the acquisition process by the State of <strong>Berlin</strong>. In accordance<br />

with the contract, the dormant partner has a results-based 7.22 % p.a. share in profits in relation to its capital contribution / it participates<br />

in the cumulative loss / net loss for the year which would result without loss offsetting, in the ratio of the nominal capital contribution and<br />

the overall nominal amount of the liable capital share. Due to the net loss for the year, LBB does not receive compensation for dormant<br />

participation in financial year 2008. Instead, a sum of € 12.5 million had to be used for covering losses pro rata.<br />

In 2008, an agency agreement was concluded between LBB AG and RVG which regulates the preparation of IFRS consolidated<br />

financial statements by LBB AG for RVG and related compensation. The agency agreement relates to the first-time preparation of consolidated<br />

financial statements as at 31 December 2007 (including the opening balance sheet at the date of the acquisition of the LBB <strong>Holding</strong> AG<br />

shares on 8 August 2007) and the subsequent financial statements (Section 1 (4)). LBB receives compensation from RVG reimbursing all<br />

demonstrated agency agreement costs. The parties are in agreement that no costs should remain with LBB as a result of the agency<br />

agreement, but that LBB should not gain any profit through it either (Section 4 (1)). € 538 thousand was invoiced to RVG for the preparation<br />

of the 2007 RVG consolidated financial statements and the related services provided by LBB.<br />

RVG, the general partner of S-Erwerbsgesellschaft, has a standard current account with the Bank, that was previously used to only<br />

a limited extent (€ 17 thousand) for deposits. There were no reportable transactions in the reporting period. There were no banking relationships<br />

with S-Erwerbsgesellschaft or S-Beteiligungsgesellschaft as of the reporting date.<br />

In terms of the majority owner, the <strong>Holding</strong>’s related parties as defined by IAS 24 include the managing directors of RVG in addition<br />

to S-Erwerbsgesellschaft, S-Beteiligungsgesellschaft and RVG.<br />

A managing director of RVG has a standard current account with the Bank that was previously used to only a limited extent<br />

(€ 6 thousand) for deposits.<br />

The members of the management of RVG and their dependents did not conduct any other reportable transactions.<br />

Business and legal relationships with unconsolidated subsidiaries and companies over which the Group is able to exercise a<br />

significant influence<br />

Related parties are shown in the “List of investment holdings” (note 67) under “Consolidated and unconsolidated subsidiaries”. The list<br />

of shareholdings also includes companies over which the Group may exercise a significant influence.<br />

In the past financial year, the Group had business relationships with related parties as follows:<br />

Unconsolidated subsidiaries<br />

in € million<br />

31.12.2008 31.12.2007 1) Change<br />

in %<br />

Assets<br />

Loans and advances to customers 461 222 >100<br />

1) Figures for the previous year have been adjusted<br />

in € million<br />

31.12.2008 31.12.2007 1) Change<br />

in %<br />

Liabilities and shareholders’ equity<br />

Amounts due to customers 11 89 – 88<br />

1) Figures for the previous year have been adjusted<br />

Consolidated Financial Statements<br />

There are allowances for impairment losses on unconsolidated subsidiaries in the amount of € 1.6 million (31 December 2007: € 2.0 million).<br />

Notes<br />

179


Other Notes<br />

The Group had business relationships with companies over which it is able to exercise a significant influence as follows:<br />

Associated companies<br />

in € million<br />

31.12.2008 31.12.2007 1) Change<br />

in %<br />

Assets<br />

Loans and advances to banks 128 296 – 57<br />

Loans and advances to customers 146 302 – 52<br />

Financial assets recognised at fair value through profit or loss 15 32 – 53<br />

Financial assets 15 40 – 62<br />

1) Figures for the previous year have been adjusted<br />

in € million<br />

31.12.2008 31.12.2007 1) Change<br />

in %<br />

Liabilities and shareholders’ equity<br />

Deposits by banks 31 27 15<br />

Amounts due to customers 8 28 – 71<br />

Financial liabilities recognised at fair value through profit or loss 20 20 0<br />

1) Figures for the previous year have been adjusted<br />

There are allowances for impairment losses on associated companies in the amount of € 0.3 million (31 December 2007: € 1.3 million).<br />

Joint ventures<br />

in € million<br />

There is an indemnity guarantee for one associated company in the amount of € 55 million (31 December 2007: € 55 million).<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Assets<br />

Loans and advances to customers 14 15 – 7<br />

in € million<br />

31.12.2008 31.12.2007 Change<br />

in %<br />

Liabilities and shareholders’ equity<br />

Amounts due to customers 1 0 x<br />

There are no allowances for impairment losses on joint ventures.<br />

The loans extended to unconsolidated subsidiaries and companies over which the Group is able to exercise a significant influence<br />

were granted at standard market terms and conditions. The Group’s net interest income includes the interest expenses and income arising<br />

from these business relationships. The net interest income of the group is affected by its business relationships with unconsolidated<br />

subsidiaries and companies over which it is able to exercise a significant influence in line with the volume of the respective loans and the<br />

standard interest charged thereon.<br />

180


Information on members of the Board of Management and the Supervisory Board<br />

The members of the Board of Management and the Supervisory Board of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG and <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

received the following remuneration:<br />

in € ’000 2008 2007<br />

Total remuneration of the Board of Management of LBB 1) 6,861 7,496<br />

of which total remuneration of the Board of Management of the <strong>Holding</strong> 2) 2,878 2,841<br />

Total remuneration of the Supervisory Board of the <strong>Holding</strong> 657 636<br />

Total remuneration of the Supervisory Board of LBB 268 262<br />

Payments to former members of the Board of Management or their surviving dependents 3) 8,046 6,160<br />

Provisions for pension obligations to these persons 86,735 90,661<br />

Provisions for pension obligations to active members of the Board of Management<br />

of LBB as at the end of the year 13,095 11,840<br />

including provisions for pension obligations to active members of the<br />

Board of Management of the <strong>Holding</strong> as at the end of the year 7,099 6,236<br />

Addition to the pension obligations to active members of the Board of Management of LBB 1,255 754<br />

including additions to the pension obligations to active members of the<br />

Board of Management of the <strong>Holding</strong> 863 822<br />

1) consisting of Mr. Vetter, Dr. Veit, Mr. Demolière, Dr. Evers, Mr. Kruschinski (until 30 June 2007), Mr. Kulartz and Mr. Müller<br />

2) consisting of Mr. Vetter and Dr. Veit<br />

3) including additional payments for prior years in 2008<br />

“Total remuneration” means “short-term benefits” in line with the standard; there are no “other long-term benefits”.<br />

There are no additional remuneration components offering a long-term incentive (subscription rights, other share-based payments<br />

etc.) for members of the Board of Management.<br />

In the event that members of the Board of Management are unable to work as a result of accident or illness, they are entitled to<br />

their full remuneration for a specific period. Members of the Board of Management are entitled to receive a pension after the end of their<br />

contractual relationship as a result of reaching their 65th birthday, due to occupational disability, at the end of their appointment or as a<br />

result of the contractual relationship being dissolved by the Bank unless this is triggered by good cause on the part of the Board of Management<br />

member (Article 626 of the German Civil Code). The employment contracts of two members of the Board of Management include<br />

provisions relating to their resignation as part of a change of control. Information on the pension commitments, claims to retirement benefits<br />

and other benefits after or due to the end of the employment relationship for the individual members of the Board of Management are<br />

shown in the Group management report as at 31 December 2008.<br />

Advances and loans granted to members of executive bodies by <strong>Landesbank</strong> <strong>Berlin</strong> AG:<br />

Consolidated Financial Statements<br />

in € ’000 2008 2007<br />

to members of the Board of Management of LBB 344 388<br />

of which to members of the Board of Management of the <strong>Holding</strong> 18 0<br />

to members of the Supervisory Board of the <strong>Holding</strong> 2 98<br />

to members of the Supervisory Board of LBB 0 98<br />

The net amounts include annuity loans granted at market conditions and utilised overdraft facilities granted at employee conditions, as well<br />

as invoice amounts on credit card accounts. The changes result primarily from the settlement of annuity loans.<br />

There were no transactions such as land or property sales, services rendered or purchased, leases, loans or other transactions at<br />

non-market conditions with persons in key positions.<br />

Close family members of the Board of Management and the Supervisory Board have no influence on business decisions.<br />

The <strong>Holding</strong> publishes information on share transactions by its Board of Management on its Internet site under “Investor Relations”.<br />

It thereby satisfies the reporting requirements of Article 15a WpHG.<br />

Notes<br />

181


Other Notes<br />

Information for Article 314 (1) no. 6 a) sentence 5 HGB<br />

The members of the Board of Management received the following remuneration in financial year 2008:<br />

Members of the Board of Management Annual remuneration<br />

in € ’000<br />

Non-performancerelated<br />

remuneration<br />

Performance-related<br />

remuneration for<br />

financial year 2007 1)<br />

Other<br />

remuneration 2)<br />

Hans-Jörg Vetter (<strong>Holding</strong>, LBB) 1,074 650 26 1,750<br />

of which non-pensionable 521<br />

Dr. Thomas Veit (<strong>Holding</strong>, LBB) 695 400 33 1,128<br />

of which non-pensionable 300<br />

Total for members of executive bodies of LBB <strong>Holding</strong> 1,769 1,050 59 2,878<br />

Serge Demolière (LBB) 989 150 35 1,174<br />

of which non-pensionable 489<br />

Dr. Johannes Evers (LBB) 632 275 45 952<br />

of which non-pensionable 246<br />

Uwe Kruschinski 3) (LBB) 30 30<br />

Hans Jürgen Kulartz (LBB) 632 210 44 886<br />

of which non-pensionable 246<br />

Martin K. Müller (LBB) 604 300 37 941<br />

of which non-pensionable 290<br />

Remuneration expense 2008 Total (LBB) 4,626 2,015 220 6,861<br />

1) The amount shown is the performance-related part of the annual bonus for full performance of duties in financial year, the amount of which was determined by resolution<br />

of the Supervisory Board following presentation of the 2007 annual financial statements. Payment was made in the second quarter of 2008.<br />

2) Other remuneration relates to non-cash benefits (use of company car) of € 108 thousand and the so-called employer share of net amount (assumption of tax of cash<br />

benefits by the employer) of € 107 thousand. Drivers are also employed at normal rates. Other remuneration also includes payments received by Mr. Müller in the reporting year<br />

as the employer’s subsidy for health and long-term care insurance<br />

3) Mr. Uwe Kruschinski left office as at 30 June 2007.<br />

Disclosures in line with Article 314 (1) no. 6 a) sentences 6 to 9 HGB are included in the Group management report.<br />

The members of the Board of Management received the following remuneration in financial year 2007:<br />

Members of the Board of Management Annual remuneration<br />

in € ’000<br />

Non-performancerelated<br />

remuneration<br />

Performance-related<br />

remuneration for<br />

financial year 2006 1)<br />

Other<br />

remuneration 2)<br />

Hans-Jörg Vetter (<strong>Holding</strong>, LBB) 1,068 675 26 1,769<br />

of which non-pensionable 521<br />

Dr. Thomas Veit (<strong>Holding</strong>, LBB) 689 350 33 1,072<br />

of which non-pensionable 300<br />

Total for members of executive bodies of LBB <strong>Holding</strong> 1,757 1,025 59 2,841<br />

Serge Demolière (LBB) 986 270 34 1,290<br />

of which non-pensionable 489<br />

Dr. Johannes Evers (LBB) 627 300 46 973<br />

of which non-pensionable 246<br />

Uwe Kruschinski 3) (LBB) 331 185 17 533<br />

of which non-pensionable 150<br />

Hans Jürgen Kulartz (LBB) 627 245 45 917<br />

of which non-pensionable 246<br />

Martin K. Müller (LBB) 604 300 38 942<br />

of which non-pensionable 290<br />

Remuneration expense 2007 Total (LBB) 4,932 2,325 239 7,496<br />

1) The amount shown is the performance-related part of the annual bonus for full performance of duties in financial year, the amount of which was determined by resolution<br />

of the Supervisory Board following presentation of the 2006 annual financial statements. Payment was made in the second quarter of 2007.<br />

2) Other remuneration relates to non-cash benefits (use of company car) of € 116 thousand and the so-called employer share of net amount (assumption of tax of cash<br />

benefits by the employer) of € 119 thousand. Drivers are also employed at normal rates. Other remuneration also includes payments received by Mr. Müller in the reporting year<br />

as the employer’s subsidy for health and long-term care insurance<br />

3) Mr. Uwe Kruschinski left office as at 30 June 2007.<br />

182<br />

Total<br />

Total


Disclosures in line with Article 314 (1) no. 6 a) sentences 6 to 9 HGB are included in the Group management report.<br />

Total remuneration of members of the <strong>Holding</strong> Supervisory Board for work on Supervisory Boards of the <strong>Holding</strong> Group:<br />

Members of the Supervisory Board Annual remuneration LBB <strong>Holding</strong> Group<br />

in € ’000 2008 2007<br />

Dr. h. c. Klaus G. Adam 1) 6) – 54<br />

Heinrich Haasis 2) 7) 81 25<br />

Bärbel Wulff 64 64<br />

Dr. h. c. Axel Berger 1) 6) – 27<br />

Dietmar P. Binkowska 2) 3) 7) 8) 29 11<br />

Gregor Böhmer 2) 7) 42 13<br />

Dagmar Brose 15 15<br />

Thomas Dobkowitz 1) – 10<br />

Hans Jörg Duppré 2) 15 5<br />

Dr. Michael Endres 1) 6) – 22<br />

Christina Förster 26 26<br />

Artur Grzesiek 4) 9) 3 –<br />

Dr. Thomas Guth 1) 6) – 17<br />

Sascha Händler 26 26<br />

Jürgen Hilse 2) 7) 36 11<br />

Claus Friedrich Holtmann 2) 7) 32 10<br />

Michael Jänichen 38 33<br />

Daniel Kasteel 26 26<br />

Thomas Mang 2) 7) 32 10<br />

Astrid Maurer 26 26<br />

Prof. Dr. Hannes Rehm 1) – 10<br />

Andreas Rohde 26 26<br />

Senator Dr. Thilo Sarrazin 5) 10) – 27<br />

Peter Schneider 2) 7) 26 9<br />

Friedrich Schubring-Giese 2) 15 5<br />

Dr. Heinz-Gerd Stein 1) 6) – 21<br />

Joachim Tonndorf 25 25<br />

Dr. Harald Vogelsang 2) 7) 32 10<br />

Frank Wolf 42 34<br />

Senator Harald Wolf 5) 10) – 17<br />

Bernd Wrede 1) 6) – 21<br />

Total 657 636<br />

plus sales tax 102 95<br />

Total expense 759 731<br />

1) Member of the Supervisory Board of the <strong>Holding</strong> until 31 August 2007<br />

2) Member of the Supervisory Board of the <strong>Holding</strong> since 1 September 2007<br />

3) Member of the Supervisory Board of the <strong>Holding</strong> until 21 November 2008<br />

4) Member of the Supervisory Board of the <strong>Holding</strong> since 24 November 2008<br />

5) Member of the Supervisory Board of the <strong>Holding</strong> until 28 August 2007<br />

6) Member of the Supervisory Board of LBB until 31 August 2007<br />

7) Member of the Supervisory Board of LBB since 1 September 2007<br />

8) Member of the Supervisory Board of LBB until 21 November 2008<br />

9) Member of the Supervisory Board of LBB since 24 November 2008<br />

10) Member of the Supervisory Board of LBB until 28 August 2007<br />

Consolidated Financial Statements<br />

Notes<br />

183


Other Notes<br />

65 Number of employees<br />

Average number of employees in the financial year by group:<br />

2008 2007<br />

Full-time 5,117 5,117<br />

Part-time 1,325 1,348<br />

Trainees and apprentices 261 208<br />

Total 6,703 6,673<br />

66 Events after 31 December 2008<br />

As at 31 December 2008, valuation models were applied in calculating the fair value of numerous financial instruments. This was because<br />

the extreme market situation, primarily characterised by inactive markets, meant that in these cases it was practically impossible to determine<br />

the fair value on the basis of listed prices or by means of estimates based on most recent transactions or currently available market prices.<br />

As far as possible and wherever available, observable market data was applied.<br />

Our evaluation of the current non-typical market situation – which was dominated by a sharp decline in trading activities and sometimes<br />

even a complete lack of trades, as well as increased volatility together with a rise in credit spreads – remains unchanged. Despite a<br />

noticeable increase in activities on the primary market, financial markets are still highly unsettled. We are seeing ongoing low market volume<br />

on the secondary market, a high bid / offer spread, little willingness to implement actual transactions, and quotations from different sources<br />

which sometimes vary widely from one another or are themselves contradictory. This means that no price quotes / only indicative price quotes<br />

are available. The markets in Germany, in particular the previous issuing activities, are also heavily influenced by state rescue measures,<br />

which can only be used for limited market assessments.<br />

The sale of the retail banking business of the Luxembourg-based subsidiary <strong>Landesbank</strong> <strong>Berlin</strong> International S.A. as agreed upon in<br />

the contract of 1 October 2008, was concluded in January 2009 with the receipt of purchase price payment and the transfer of assets and<br />

obligations.<br />

184


67 List of investment holdings<br />

Company, registered office<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

Total share<br />

held by the<br />

Group<br />

in %<br />

of which<br />

indirectly<br />

in %<br />

Voting rights<br />

held by the<br />

Group<br />

in %<br />

Equity 2)<br />

in € ’000<br />

Consolidated Financial Statements<br />

Result 2)<br />

in € ’000<br />

Consolidated subsidiaries (IAS 27)<br />

BankenService GmbH Unternehmensgruppe <strong>Landesbank</strong> <strong>Berlin</strong>,<br />

<strong>Berlin</strong> 5) 100.0 100.0 100.0 – 4,784 2,434<br />

<strong>Berlin</strong> Hyp Immobilien GmbH, <strong>Berlin</strong> 1) 5) 100.0 100.0 100.0 700 – 5<br />

<strong>Berlin</strong>-Hannoversche Hypothekenbank Aktiengesellschaft, <strong>Berlin</strong> 5) 90.4 90.4 90.4 547,060 46,228<br />

Crown Court I LLC, Wilmington / Delaware 5) 16) 100.0 100.0 100.0 – 141,969 – 135,247<br />

Crown Court Property London Ltd., London 5) 17) Gartenstadt Stahnsdorf GmbH & Co. Projektentwicklungs KG i. L.,<br />

100.0 100.0 100.0 16,183 216<br />

<strong>Berlin</strong> 5) 6) GfBI Gesellschaft für Beteiligungen und Immobilien mbH,<br />

48.5 48.5 48.5 – 50,459 – 44<br />

<strong>Berlin</strong> 1) 5) 100.0 100.0 100.0 34,707 807<br />

GfBI Immobilien Solutions GmbH, <strong>Berlin</strong> 5) Grundstücksgesellschaft “<strong>Berlin</strong>” mit beschränkter Haftung,<br />

100.0 100.0 100.0 5,093 1,169<br />

<strong>Berlin</strong> 1) 5) Grundstücksgesellschaft Bad Freienwalde / Gardelegen GbR,<br />

100.0 94.9 100.0 6,158 – 412<br />

<strong>Berlin</strong> 5) 76.5 76.5 76.1 – 21,539 – 1,376<br />

Grundstücksgesellschaft Lehrter Straße GbR, <strong>Berlin</strong> 5) 99.9 99.9 99.9 – 8,087 – 297<br />

Hohenzollerndamm 134 GbR, <strong>Berlin</strong> 5) 100.0 95.0 100.0 16,450 450<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG, <strong>Berlin</strong> 5) 100.0 0.0 100.0 2,031,164 407,602<br />

<strong>Landesbank</strong> <strong>Berlin</strong> International S.A., Luxembourg 5) 100.0 100.0 100.0 129,333 – 17,325<br />

<strong>Landesbank</strong> <strong>Berlin</strong> Investment GmbH, <strong>Berlin</strong> 5) 100.0 0.0 100.0 10,566 136<br />

LBB Finance (Ireland) plc, Dublin 5) LBB Grundstücks-Gesellschaft mbH der <strong>Landesbank</strong> <strong>Berlin</strong> AG,<br />

100.0 100.0 100.0 1,319 72<br />

<strong>Berlin</strong> 1) 5) 100.0 100.0 100.0 5,865 – 159<br />

LBB-Immobilien-Service GmbH, <strong>Berlin</strong> 1) 5) 100.0 100.0 100.0 1,103 0<br />

LBB Re Luxembourg S.A., Luxembourg 5) 100.0 100.0 100.0 4,462 1,462<br />

netbank Aktiengesellschaft, Hamburg 5) Versicherungsservice GmbH Unternehmensgruppe<br />

75.0 75.0 75.0 28,742 – 4,787<br />

<strong>Landesbank</strong> <strong>Berlin</strong>, <strong>Berlin</strong> 1) 5) 100.0 100.0 100.0 960 – 6<br />

Special purpose entities (SIC 12) / Special funds –<br />

consolidated – (IAS 27 in conjunction with SIC 12)<br />

Check Point Charlie Ltd., London 5) 0.0 0.0 0.0 257 – 467<br />

Portfolio Purchasing Company 1 Ltd., London 5) 0.0 0.0 0.0 – 7,468 – 4,970<br />

Portfolio Purchasing Company 2 Ltd., London 5) 0.0 0.0 0.0 – 31,938 – 26,789<br />

Portfolio Purchasing Company 3 Ltd., London 5) 0.0 0.0 0.0 – 14,668 – 12,987<br />

Portfolio Purchasing Company 4 Ltd., London 5) 0.0 0.0 0.0 – 3,901 – 1,795<br />

RR II R-11004, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11014, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11017, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11056, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11057, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11063, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11064, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11066, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11072, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11075, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11077, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11080, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11082, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11085, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11087, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

Notes<br />

Date of annual<br />

financial<br />

statements<br />

if not<br />

31.12.2008<br />

185


Other Notes<br />

Company, registered office<br />

Total share<br />

held by the<br />

Group<br />

in %<br />

of which<br />

indirectly<br />

in %<br />

Voting rights<br />

held by the<br />

Group<br />

in %<br />

Equity 2)<br />

in € ’000<br />

Result 2)<br />

in € ’000<br />

RR II R-11133, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11140, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11144, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11145, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11148, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11157, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11161, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11163, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11172, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11176, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11184, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11189, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11227, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11231, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11232, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11247, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11249, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11251, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11253, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11254, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11262, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11263, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11264, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11265, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11266, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11270, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11277, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11280, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11281, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11282, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11285, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11288, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11289, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11290, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11291, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11292, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11295, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11297, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11298, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11300, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11301, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11302, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11303, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11304, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11305, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11306, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11308, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-11310, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-817, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 – –<br />

RR II R-846, City of Wilmington / Delaware 5) 14) 0.0 0.0 0.0 –<br />

–<br />

186<br />

Date of annual<br />

financial<br />

statements<br />

if not<br />

31.12.2008


Company, registered office<br />

Special purpose entities (SIC-12) / Special funds –<br />

consolidated – (IAS 27 in conjunction with SIC 12)<br />

Total share<br />

held by the<br />

Group<br />

in %<br />

of which<br />

indirectly<br />

in %<br />

Voting rights<br />

held by the<br />

Group<br />

in %<br />

Equity 2)<br />

in € ’000<br />

Result 2)<br />

in € ’000<br />

ABN AMRO EMMA INKA, Dusseldorf 5) 100.0 100.0 0.0 34,869 1,307<br />

BB-TBG-Fonds, <strong>Berlin</strong> 5) 100.0 100.0 0.0 81,621 158<br />

BG-Asset-Fonds, <strong>Berlin</strong> 5) 100.0 100.0 0.0 19,046 381<br />

dbi Pimco Global <strong>Corp</strong>orate Bond Fonds, Frankfurt / Main 5) 100.0 100.0 0.0 85,525 – 1,370<br />

DeAM EICO Fonds, Frankfurt / Main 5) 100.0 100.0 0.0 90,148 – 7,727<br />

DEKA - ABS Europe-Fonds, Frankfurt / Main 5) 100.0 100.0 0.0 59,435 – 14,033<br />

GSAM Global <strong>Corp</strong>orate Bond Fonds INKA, Dusseldorf 5) 100.0 100.0 0.0 84,596 – 3,209<br />

LBB INKA Credit Plus, Dusseldorf 5) 100.0 100.0 0.0 57,865 – 36,892<br />

LBB-nb 08-Fonds, <strong>Berlin</strong> 5) 100.0 100.0 0.0 83,065 1,495<br />

LBB Prisma Unit Trust, Georgetown / Cayman Islands 5) 100.0 100.0 0.0 117,601 – 23,501<br />

UNIQA Global ABS Income Fund, Bregenz, Austria 5) 100.0 100.0 0.0 12,586 – 17,473<br />

WAMCO INKA Global <strong>Corp</strong>orate Bond Fonds, Dusseldorf 5) 100.0 100.0 0.0 78,870 – 2,050<br />

<strong>Holding</strong>s in mutual funds<br />

Consolidated Financial Statements<br />

FlexBond-Plus-INVEST, <strong>Berlin</strong> 5) 77.4 77.4 0.0 18,676 – 435<br />

Keppler-Global Alpha-LBB-INVEST, <strong>Berlin</strong> 5) 76.6 76.6 0.0 57,323 – 7,073<br />

VermögensStruktur Chance Inhaber-Anteile, <strong>Berlin</strong> 5) 87.4 87.4 0.0 33,162 – 2,642<br />

Date of annual<br />

financial<br />

statements<br />

if not<br />

31.12.2008<br />

Non­consolidated subsidiaries (IAS 27)<br />

Babefi-<strong>Holding</strong> GmbH i. L., <strong>Berlin</strong> 100.0 100.0 100.0 72 6 29.06.2007<br />

Bankenservice AO i. L., Moscow 100.0 100.0 100.0 n / a n / a 31.12.2007<br />

BB-Grundstücksgesellschaft mit beschränkter Haftung, <strong>Berlin</strong> 1) 100.0 94.9 100.0 51 0 31.12.2007<br />

BB-Leasing GmbH, <strong>Berlin</strong><br />

DirektBankService GmbH Unternehmensgruppe Bankgesellschaft<br />

100.0 100.0 100.0 2,326 537 31.12.2007<br />

<strong>Berlin</strong>, <strong>Berlin</strong> 100.0 100.0 100.0 104 1 31.12.2007<br />

egs Entwicklungsgesellschaft Südhorn mbH, <strong>Berlin</strong> 94.0 94.0 94.0 – 1,677 – 500 31.12.2006<br />

Eurospeedway Lausitz Entwicklungs GmbH, <strong>Berlin</strong> 100.0 100.0 100.0 425 – 2 31.12.2006<br />

FAKT Immobilien Management-Verwaltungs GmbH, <strong>Berlin</strong> 100.0 100.0 100.0 – 418 – 444 31.12.2006<br />

FURIS Verwaltung GmbH & Co. Vermietungs-KG, Pöcking 6) 94.0 94.0 50.0 14 1 31.12.2006<br />

Gartenstadt Stahnsdorf GmbH i. L., <strong>Berlin</strong> 6) GfBI Beteiligungsmanagement GmbH<br />

49.0 49.0 49.0 3 – 1 01.01.2008<br />

(formerly: Bavaria Vertriebs GmbH), <strong>Berlin</strong> 100.0 100.0 100.0 100 0 31.12.2007<br />

GfBI Group Services GmbH, <strong>Berlin</strong><br />

Grundstücksgesellschaft Weichselstraße GbR<br />

100.0 100.0 100.0 272 17 31.12.2007<br />

– STADT UND LAND-Fonds 1 –, <strong>Berlin</strong><br />

Harpalus Verwaltungsgesellschaft mbH & Co. Vermietungs KG i. L.,<br />

60.2 60.2 60.2 3,833 179 31.12.2007<br />

Munich 78.1 78.1 78.1 61 – 518 31.12.2007<br />

HaWe Verwaltungsgesellschaft mbH, <strong>Berlin</strong> 1) 100.0 100.0 100.0 26 0 31.12.2007<br />

HILOG Beteiligungs GmbH & Co. Mobilienleasing KG, Pöcking 5) 92.5 92.5 92.5 0 24,529<br />

IDL Beteiligungsgesellschaft mbH, <strong>Berlin</strong> 100.0 100.0 100.0 20 – 1 31.12.2007<br />

IDL Objektbeteiligungsgesellschaft mbH & Co. KG, <strong>Berlin</strong> 100.0 100.0 100.0 128 – 8 31.12.2007<br />

IDLG Immobiliendienstleistungen GmbH, <strong>Berlin</strong> 1) 100.0 100.0 100.0 2,275 0 31.12.2007<br />

LBB Reinsurance Ltd. i. L., Dublin 5) 100.0 100.0 100.0 0 569<br />

MIKOS Verwaltungs GmbH & Co. Vermietungs KG, Munich 94.0 94.0 55.3 24 – 1 31.12.2007<br />

SDZ Ostbrandenburg GmbH, <strong>Berlin</strong> 100.0 100.0 100.0 164 122 31.12.2007<br />

Wilkendorf Bau- und Projektentwicklungsgesellschaft mbH, <strong>Berlin</strong> 100.0 100.0 100.0 83 – 809 31.12.2007<br />

Notes<br />

187


Other Notes<br />

Company, registered office<br />

Special purpose entities (SIC 12), special purpose<br />

and publicly issued funds – non­consolidated –<br />

(IAS 27v in conjunction with SIC 12)<br />

Total share<br />

held by the<br />

Group<br />

in %<br />

of which<br />

indirectly<br />

in %<br />

Voting rights<br />

held by the<br />

Group<br />

in %<br />

Equity 2)<br />

in € ’000<br />

Result 2)<br />

in € ’000<br />

Date of annual<br />

financial<br />

statements<br />

if not<br />

31.12.2008<br />

Bavaria Immobilien Development GmbH & Co. Public Golf<br />

Wilkendorf KG, <strong>Berlin</strong> 4) vorl.<br />

0.0 0.0 0.0 0 – 125 31.12.2007<br />

Bavaria Immobilien Development GmbH & Co. Sandy-Lyle<br />

Wilkendorf KG, <strong>Berlin</strong> 4) vorl.<br />

0.0 0.0 0.0 0 – 712 31.12.2007<br />

Check Point Charlie Inc., London 0.0 0.0 0.0 0 – 17 31.12.2007<br />

Portfolio Purchasing Company RT1 Ltd., London 0.0 0.0 0.0 0 0 31.12.2007<br />

Portfolio Purchasing Company RT2 Ltd., London 0.0 0.0 0.0 0 0 31.12.2007<br />

Portfolio Purchasing Company RT3 Ltd., London 0.0 0.0 0.0 0 0 31.12.2007<br />

Portfolio Purchasing Company RT4 Ltd., London 0.0 0.0 0.0 0 0 31.12.2007<br />

PPC <strong>Holding</strong>s Ltd., London 0.0 0.0 0.0 25 20 31.12.2007<br />

Starts (Ireland) PLC Series 2005-8, Ireland 0.0 0.0 0.0 n / a n / a<br />

Starts (Ireland) PLC Series 2007-11, Ireland 0.0 0.0 0.0 n / a n / a<br />

Joint ventures (IAS 31) – valued –<br />

<strong>Berlin</strong>Online Stadtportal GmbH & Co. KG, <strong>Berlin</strong> 45.0 45.0 45.0 2,542 265 31.12.2006<br />

Joint ventures (IAS 31) – non­valued –<br />

<strong>Berlin</strong>Online Stadtportalbeteiligungsgesellschaft mbH, <strong>Berlin</strong> 45.0 45.0 45.0 28 1 31.12.2007<br />

BHS <strong>Berlin</strong>er Hannoversche Software GmbH, Hanover 50.0 50.0 50.0 1,122 – 30 31.12.2007<br />

CidS! Computer in die Schulen gemeinnützige Gesellschaft mbH,<br />

<strong>Berlin</strong> 50.0 50.0 50.0 81 – 42 31.12.2007<br />

GbR TOCOTAX 0.0 0.0 33.3 0 – 140 31.12.2007<br />

Gesellschaft bürgerlichen Rechts Möllendorffstraße / Parkaue,<br />

<strong>Berlin</strong> 50.0 50.0 50.0 – 2,485 – 310 31.12.2007<br />

KARUS Beteiligungs GmbH & Co. Grundbesitz KG, Munich 3) 33.0 33.0 33.0 26 1<br />

NORD EK Norddeutsche Einkaufskoordination der <strong>Landesbank</strong><br />

<strong>Berlin</strong> AG und der Norddeutsche <strong>Landesbank</strong> Girozentrale GbR,<br />

<strong>Berlin</strong> / Hanover 0.0 0.0 50.0 228 36 31.12.2007<br />

Associated companies (IAS 28) – valued –<br />

LBS Norddeutsche Landesbausparkasse <strong>Berlin</strong>-Hannover,<br />

<strong>Berlin</strong> / Hanover 7) 12.0 12.0 12.0 310,770 13,600 31.12.2007<br />

PEB Capital B. V. in liquidation, Hilversum 42.4 42.4 42.4 229 459 31.12.2007<br />

Special purpose entities (SIC 12) / special purpose and<br />

publicly issued funds – associated (IAS 28) – valued –<br />

LINGOHR-ALPHA-SYSTEMATIC-LBB-INVEST, <strong>Berlin</strong> 5) 17.3 17.3 0.0 0 6,623<br />

VermögensStruktur Wachstum Inhaber-Anteile, <strong>Berlin</strong> 49.4 49.4 0.0 40,058 0 30.06.2008<br />

Associated companies (IAS 28) – non­valued –<br />

Apollon Immobilien Verwaltungs GmbH & Co. KG<br />

– Vierter IBV-Immobilienfonds für Deutschland –, <strong>Berlin</strong> 47.5 47.5 47.5 35,332 2,382 31.12.2007<br />

Apollon Immobilien Verwaltungsgesellschaft mbH, <strong>Berlin</strong> 30.0 30.0 30.0 67 4 31.12.2007<br />

Atos Worldline Processing GmbH, Frankfurt / Main 3) 13) 25.1 25.1 25.1 9,698 0 31.12.2007<br />

B + S Card Service GmbH, Frankfurt / Main 25.1 25.1 25.1 12,435 3,630 30.09.2007<br />

BBB Bürgschaftsbank zu <strong>Berlin</strong>-Brandenburg GmbH, <strong>Berlin</strong> 21.8 21.8 21.8 8,194 408 31.12.2007<br />

Gaia Immobilien Verwaltungs GmbH & Co. KG<br />

– Dritter IBV-Immobilienfonds International –, <strong>Berlin</strong> 8) 100.0 100.0 100.0 – 1 – 64 31.12.2006<br />

Gaia Immobilien Verwaltungs GmbH & Co. Objekt Bautzener<br />

Gesundbrunnen KG, <strong>Berlin</strong> 49.0 49.0 49.0 – 112 1,945 31.12.2007<br />

Gumes Verwaltung GmbH & Co. Objekt Rostock KG, Munich 39.6 39.6 20.0 26 0 31.12.2007<br />

InvestitionsBank des Landes Brandenburg, Potsdam 3) 7) 15) 25.0 25.0 14.3 189,315 5,495 31.12.2007<br />

Modernisierungsgesellschaft „Wohnen in <strong>Berlin</strong>-Charlottenburg,<br />

Fritschestraße 67“ GbR, <strong>Berlin</strong> 30.9 30.9 30.9 n / a n / a 31.12.2007<br />

Projektgesellschaft Forum Neukölln GbR mit auf das<br />

Gesellschaftsvermögen beschränkter Haftung, <strong>Berlin</strong> 0.0 0.0 40.0 0 0 31.12.2005<br />

Theseus Immobilien Management GmbH & Co. KG<br />

– Zweiter IBV-Immobilienfonds International –, <strong>Berlin</strong> 3) 26.8 26.8 26.8 37,866 – 1,635 31.12.2006<br />

WISUS Beteiligungs GmbH & Co. Zweite Vermietungs KG, Munich 49.0 49.0 36.3 – 3,346 140 31.12.2007<br />

188


Company, registered office<br />

Minimum holding of 20 %<br />

Total share<br />

held by the<br />

Group<br />

in %<br />

of which<br />

indirectly<br />

in %<br />

Voting rights<br />

held by the<br />

Group<br />

in %<br />

Equity 2)<br />

in € ’000<br />

Result 2)<br />

in € ’000<br />

Date of annual<br />

financial<br />

statements<br />

if not<br />

31.12.2008<br />

Aufbau- und Dienstleistungsgesellschaft mbH Objekt- und<br />

Baubetreuung Mecklenburg-Vorpommern, <strong>Berlin</strong> 8) 9) 94.0 94.0 94.0 1,861 – 28 31.12.2007<br />

Bavaria Immobilien Projektsteuerungs GmbH & Co.<br />

Objekt <strong>Berlin</strong>-Mitte Leipziger Straße KG, <strong>Berlin</strong> 8) 9) 94.0 94.0 94.0 – 2,494 2,030 31.12.2005<br />

Friedrichsfelder Viertel Bauprojekt GmbH, <strong>Berlin</strong> 9) 47.6 47.6 47.6 72 9 31.12.2007<br />

Lausitzring Eurodrom Verwaltungs-GmbH, Klettwitz 10) 60.0 60.0 60.0 – 9 0 31.12.2007<br />

Lausitzring GmbH & Co. KG, Klettwitz 10) 70.0 70.0 70.0 – 84,324 2 31.12.2007<br />

Theseus Immobilien Management GmbH & Co.<br />

Objekt Leipziger Straße KG, <strong>Berlin</strong> 8) 9) 100.0 100.0 100.0 5 863 31.12.2007<br />

Wohnbau Tafelgelände Beteiligungs GmbH, Nuremberg 8) 9) 75.0 75.0 75.0 33 2 31.12.2006<br />

Wohnbau Tafelgelände GmbH & Co. KG, Nuremberg 8) 9) 75.0 75.0 75.0 602 – 597 31.12.2006<br />

Special purpose entities (SIC 12) / special purpose and<br />

publicly offered funds with minimum holding of 20 %<br />

E.I. Cap.-Welt-Kasko 100 PlusZins II, Luxembourg 11) 12) 75.1 75.1 0.0 37,815 229 31.07.2008<br />

E.I. Cap.-Welt-Kasko 95 Top Level, Luxembourg 11) 12) 71.9 71.9 0.0 15,885 0 31.07.2008<br />

Magna Africa Fund, London 11) 12) 32.4 32.4 0.0 150,909 15,144 31.12.2007<br />

OP Extra Bond Euro - hedged, Cologne 11) 22.3 22.3 0.0 299,809 12,941 31.12.2007<br />

S.A.M. Global II, Graz, Austria 11) 12) 66.2 66.2 0.0 75,222 2,570 30.09.2007<br />

S.A.M. Vermögensverwaltung Global, Graz, Austria 11) 12) 58.1 58.1 0.0 16,841 1,439 30.09.2007<br />

1) A control and / or profit and loss transfer agreement has been entered into with this company.<br />

2) Financial statement data in accordance with the German Commercial Code unless otherwise stated.<br />

3) Held for sale in accordance with IFRS 5<br />

4) Provisional annual financial statement figures as at 31 December 2007<br />

5) IFRS consolidation data<br />

6) Classified as subsidiaries due to power to govern financial and operating policies and / or appoint members of governing bodies (IAS 27.13)<br />

or beneficial ownership of majority of risks and rewards (SIC 12.10)<br />

7) Classified as associates due to significant influence in the form of representation on governing bodies or participation in determining financial and operating policies (IAS 28.7)<br />

8) Not a subsidiary due to lack of control (protected under detailed agreement)<br />

9) Not an associate due to lack of significant influence (venture capital, no constructive influence rebuttal of IAS 28.7) or through non-consolidated subsidiary<br />

10) Not classified as a subsidiary or associated company as insolvency administrators have been appointed<br />

11) Equity is the fund volume, result (net income for the year) is net result from income and expenses.<br />

12) Publicly offered fund; the issuing company is not part of the Group and the Group does not exercise control or a material influence over it<br />

13) The company has a profit transfer agreement with a majority third party<br />

14) Individual tranches of the “Tender Option Program“ of Crown Court I LLC; TOB total in € thousand: equity: –68,989; net profit / loss for the period: 116,600<br />

15) The investment was cancelled as at 31 December 2005; an action for declaratory judgment is pending<br />

ECB rates on 31 December 2008<br />

16) € 1 = USD 1.39170<br />

17) € 1 = GBP 0.95250<br />

Consolidated Financial Statements<br />

Notes<br />

189


Other Notes<br />

List of companies with control and / or profit transfer agreements with <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

Company Parent company<br />

Result<br />

before profit<br />

transfer<br />

in € ‘000<br />

Date of annual<br />

financial<br />

statements<br />

if not<br />

31.12.2008<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG, <strong>Berlin</strong> <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG 100,011 31.12.2007<br />

68 <strong>Corp</strong>orate governance<br />

The declarations of conformity from the Board of Management and the Supervisory Board required in accordance with Article 161 of the<br />

German Stock <strong>Corp</strong>oration Act relating to the German <strong>Corp</strong>orate Governance Code were, and will continue to be, published by the Group’s<br />

listed public limited companies (<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG, <strong>Berlin</strong>-Hannoversche Hypothekenbank AG) on their respective websites.<br />

190


Executive Bodies of <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

Board of Management<br />

Hans-Jörg Vetter<br />

Chairman<br />

Dr. Thomas Veit<br />

Supervisory Board<br />

Heinrich Haasis<br />

Chairman<br />

President of the German Savings Banks<br />

and Giro Association (DSGV)<br />

Bärbel Wulff *<br />

Deputy Chairwoman<br />

Chair of the Works Council<br />

of <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Dietmar P. Binkowska<br />

until 21 November 2008<br />

Chairman of the Management Board<br />

of NRW.BANK<br />

Gregor Böhmer<br />

Managing President of the<br />

German Savings Banks and<br />

Giro Association of Hesse-Thuringia<br />

Dagmar Brose *<br />

Consultant in the Finance division<br />

at <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Hans Jörg Duppré<br />

President of the Deutscher Landkreistag<br />

(German County Association)<br />

Christina Förster *<br />

Financial Services Secretary,<br />

ver.di <strong>Berlin</strong>-Brandenburg region<br />

Artur Grzesiek<br />

since 24 November 2008<br />

Chairman of the Board of<br />

Management of Sparkasse Köln / Bonn<br />

Sascha Händler *<br />

Member of the Works Council<br />

of <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Export finance customer adviser<br />

at <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Jürgen Hilse<br />

Chairman of the Management Board<br />

of Kreissparkasse Göppingen<br />

Claus Friedrich Holtmann<br />

Managing President of the<br />

East German Savings Bank Association<br />

Michael Jänichen *<br />

Divisional Manager of Regional <strong>Corp</strong>orate<br />

Banking at <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Daniel Kasteel *<br />

Member of the Works Council<br />

of <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Customer adviser for sales division east<br />

Thomas Mang<br />

President of the Savings Bank Association<br />

of Lower Saxony<br />

Astrid Maurer *<br />

Member of the Works Council<br />

of <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Women’s Officer, <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Andreas Rohde *<br />

Member of the Works Council<br />

of <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Peter Schneider<br />

President of the Savings Bank Association<br />

of Baden-Württemberg<br />

Friedrich Schubring-Giese<br />

Chairman of the Management Board<br />

of Versicherungskammer Bayern<br />

Joachim Tonndorf *<br />

Former Financial Services Secretary,<br />

ver.di <strong>Berlin</strong>-Brandenburg region<br />

Dr Harald Vogelsang<br />

Chairman of the Management Board<br />

of HASPA Finanzholding<br />

and Hamburger Sparkasse AG<br />

Frank Wolf *<br />

Head of Financial Services Department,<br />

ver.di <strong>Berlin</strong>-Brandenburg region<br />

* Employee representatives<br />

Notes | Executive Bodies<br />

191


Responsibility Statement<br />

To the best of our knowledge and in accordance with the applicable reporting principles, the consolidated financial statements give a true<br />

and fair view of the assets, liabilities, financial position and profit or loss of the Group, and the management report of the Group includes<br />

a fair review of the development and performance of the business and the position of the Group, together with a description of the principal<br />

opportunities and risks associated with the expected development of the Group for the remaining months of the financial year.<br />

<strong>Berlin</strong>, 4 March 2009<br />

The Board of Management<br />

Hans-Jörg Vetter Dr. Thomas Veit<br />

192


Auditors’ report<br />

“We have audited the consolidated financial statements – consisting of the balance sheet, the income statement, the presentation of recognised<br />

income and expenses, the cash flow statement and the notes to the consolidated financial statements – and the Group management report<br />

prepared by <strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG, <strong>Berlin</strong>, for the financial year from 1 January to 31 December 2008. The preparation of the<br />

consolidated financial statements and the Group management report in accordance with IFRS as adopted by the EU and the supplementary<br />

provisions of Article 315a (1) of the German Commercial Code is the responsibility of the Company’s Board of Management. Our responsibility<br />

is to express an opinion on the consolidated financial statements and the Group management report based on our audit.<br />

We conducted our audit of the consolidated financial statements in accordance with Article 317 of the German Commercial Code<br />

and the generally accepted standards for the audit of financial statements promulgated by the Institut der Wirtschaftsprüfer (IDW). Those<br />

standards require that we plan and perform the audit such that misstatements materially affecting the presentation of the net assets, financial<br />

position and results of operations in the consolidated financial statements prepared in accordance with the applicable accounting standards<br />

and in the Group management report are detected with reasonable assurance. Knowledge of the business activities and the economic<br />

and legal environment of the Group, as well as evaluations of possible misstatements, are taken into account in the determination of audit<br />

procedures. The effectiveness of the accounting-related internal control system and the evidence supporting the disclosures in the consolidated<br />

financial statements and the Group management report are examined primarily on a test basis within the framework of the audit.<br />

The audit includes assessing the annual financial statements of those entities included in consolidation, the definition of the entities to be<br />

included in consolidation and the accounting and consolidation principles used and significant estimates made by the Board of Management,<br />

as well as evaluating the overall presentation of the consolidated financial statements and the Group management report. We believe that<br />

our audit provides a reasonable basis for our opinion.<br />

Our audit has not led to any reservations.<br />

In our opinion, based on the findings of our audit, the consolidated financial statements comply with IFRS as adopted by the EU<br />

and the supplementary provisions of Article 315a (1) of the German Commercial Code and give a true and fair view of the net assets,<br />

financial position and results of operations of the Group in accordance with these principles. On the whole, the Group management report,<br />

which is consistent with the consolidated financial statements, provides a suitable understanding of the Group’s position and suitably<br />

presents the opportunities and risks of future development.”<br />

<strong>Berlin</strong>, 5 March 2009<br />

PricewaterhouseCoopers<br />

Aktiengesellschaft<br />

Wirtschaftsprüfungsgesellschaft<br />

(Günter Borgel) (Mark Maternus)<br />

Auditor Auditor<br />

Responsibility Statement | Auditors’ report<br />

193


Important addresses<br />

194<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

Alexanderplatz 2<br />

D-10178 <strong>Berlin</strong><br />

Telephone: + 49 30 86 95 00<br />

Fax: + 49 30 86 95 09<br />

www.lbb-holding.de<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Alexanderplatz 2<br />

D-10178 <strong>Berlin</strong><br />

Telephone: + 49 30 86 98 01<br />

Fax: + 49 30 86 98 30 74<br />

www.lbb.de<br />

London branch<br />

LBB <strong>Landesbank</strong> <strong>Berlin</strong> London Branch<br />

1 Crown Court, 66 Cheapside<br />

GB-London EC2V 6 LR<br />

Telephone: + 44 20 75 72 62 00<br />

Fax: + 44 20 75 72 62 99<br />

Luxembourg branch<br />

LBB <strong>Landesbank</strong> <strong>Berlin</strong><br />

30, Boulevard Royal<br />

L-2449 Luxembourg<br />

Telephone: + 352 46 89 39 0<br />

Fax: + 352 46 89 39 20 19<br />

<strong>Berlin</strong>er Sparkasse<br />

Niederlassung der <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

Alexanderplatz 2<br />

D-10178 <strong>Berlin</strong><br />

Telephone: + 49 30 86 98 01<br />

Fax: + 49 30 86 98 30 74<br />

www.berliner-sparkasse.de<br />

A current list of Retail Banking, Regional<br />

Cor porate Banking, Investment and Real<br />

Estate Centres can be found on the Internet<br />

at www.berliner-sparkasse.de / Standorte.


Retail Banking<br />

Private Banking Bundesallee 171 D-10715 <strong>Berlin</strong> + 49 30 869 840 70<br />

Sales division south<br />

Neukölln, Schöneberg, Steglitz,<br />

Tempelhof, Zehlendorf<br />

Retail Banking<br />

Investments Uhlandstrasse 97 D-10715 <strong>Berlin</strong> + 49 30 869 747 624<br />

Sales division east<br />

Hellersdorf, Köpenick, Lichtenberg,<br />

Marzahn, Treptow<br />

Retail Banking<br />

Investments Frankfurter Allee 147 D-10365 <strong>Berlin</strong> + 49 30 869 742 694<br />

Sales division central<br />

Friedrichshain, Kreuzberg,<br />

Mitte, Prenzlauer Berg<br />

Retail Banking<br />

Investments Friedrichstrasse 185 –190 D-10117 <strong>Berlin</strong> + 49 30 869 746 547<br />

Sales division north<br />

Hohenschönhausen, Pankow,<br />

Reinickendorf, Wedding, Weißensee<br />

Retail Banking<br />

Investments Scharnweberstrasse 14 D-13405 <strong>Berlin</strong> + 49 30 / 869 747 865<br />

Sales division west<br />

Charlottenburg, Spandau,<br />

Tiergarten, Wilmersdorf<br />

Retail Banking<br />

Investments <strong>Berlin</strong>er Strasse 40 / 41 D-10715 <strong>Berlin</strong> + 49 30 869 737 796<br />

Sales division Real Estate Centres Badensche Strasse 23 D-10715 <strong>Berlin</strong> + 49 30 869 840 51<br />

Regional <strong>Corp</strong>orate Banking<br />

Head Regional <strong>Corp</strong>orate Banking division Badensche Strasse 23 D-10715 <strong>Berlin</strong> + 49 30 869 843 89<br />

North Regional <strong>Corp</strong>orate Banking division <strong>Berlin</strong>er Strasse 40 / 41 D-10715 <strong>Berlin</strong> + 49 30 869 737 777<br />

South Regional <strong>Corp</strong>orate Banking division /<br />

Brandenburg division<br />

Central <strong>Berlin</strong> Regional <strong>Corp</strong>orate Banking<br />

division<br />

Important addresses<br />

Badensche Strasse 23 D-10715 <strong>Berlin</strong> + 49 30 869 747 671<br />

Badensche Strasse 23 D-10715 <strong>Berlin</strong> + 49 30 869 746 575<br />

Regional <strong>Corp</strong>orate Banking Centre division Badensche Strasse 23 D-10715 <strong>Berlin</strong> + 49 30 869 830 23<br />

BusinessLine division Brunnenstrasse 111 D-13355 <strong>Berlin</strong> + 49 30 869 869 869<br />

195


Important addresses<br />

Real Estate Financing<br />

<strong>Berlin</strong> and Former East German States<br />

Housing Companies<br />

Former West German States<br />

Dusseldorf office<br />

Frankfurt / Main office<br />

Hamburg office<br />

Munich office<br />

International Division<br />

Consortium Financing / Syndication<br />

Foreign Investors<br />

Amsterdam office<br />

London office<br />

Prague office<br />

Warsaw office<br />

196<br />

Corneliusstrasse 7<br />

Corneliusstrasse 7<br />

Corneliusstrasse 7<br />

Königsallee 60<br />

Bockenheimer Anlage 2<br />

Neuer Wall 19<br />

Perusastrasse 7<br />

Corneliusstrasse 7<br />

Corneliusstrasse 7<br />

Corneliusstrasse 7<br />

Schouwweg 13 A<br />

1 Crown Court 66, Cheapside<br />

Meteor Centre Office Park<br />

Sokolovská 100 / 94<br />

ul. Widok 8<br />

D-10787 <strong>Berlin</strong><br />

D-10787 <strong>Berlin</strong><br />

D-10787 <strong>Berlin</strong><br />

D-40212 Dusseldorf<br />

D-60322 Frankfurt / Main<br />

D-20354 Hamburg<br />

D-80333 München<br />

D-10787 <strong>Berlin</strong><br />

D-10787 <strong>Berlin</strong><br />

D-10787 <strong>Berlin</strong><br />

NL-2243 BB Wassenaar<br />

GB-London EC2V 6 LR<br />

CZ-18000 Prag 8<br />

PL-00-023 Warschau<br />

+ 49 30 259 955 80<br />

+ 49 30 259 955 86<br />

+ 49 30 259 957 90<br />

+ 49 211 839 22 01<br />

+ 49 69 150 66 11<br />

+ 49 40 286 658 921<br />

+ 49 89 291 949 10<br />

+ 49 30 259 957 10<br />

+ 49 30 259 955 95<br />

+ 49 30 259 996 65<br />

+ 31 70 514 665 7<br />

+ 44 20 757 264 93<br />

+ 420 2 360 801 50<br />

+ 48 22 690 656 5


Capital Markets<br />

Business Management<br />

Relationship Management<br />

Client Business<br />

Savings Banks and Genobanks<br />

Banks and Investment Managers<br />

Institutional Customers<br />

Credit<br />

Retail Banking<br />

Important addresses<br />

Alexanderplatz 2 D-10178 <strong>Berlin</strong> + 49 30 245 625 65<br />

+ 49 30 245 929 03<br />

Alexanderplatz 2 D-10178 <strong>Berlin</strong> + 49 30 869 629 18<br />

+ 49 30 869 624 30<br />

+ 49 30 869 619 01<br />

+ 49 30 869 620 00<br />

+ 49 30 869 625 51<br />

+ 49 30 869 629 00<br />

Treasury und Trading Alexanderplatz 2 D-10178 <strong>Berlin</strong> + 49 30 245 624 07<br />

+ 49 30 245 665 01<br />

International business Alexanderplatz 2 D-10178 <strong>Berlin</strong> + 49 30 245 925 70<br />

197


198<br />

<strong>Berlin</strong>-Hannoversche<br />

Hypothekenbank AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> International S.A.,<br />

Luxembourg<br />

LBB Finance<br />

(Ireland) plc, Dublin<br />

LBS Norddeutsche Landesbausparkasse<br />

<strong>Berlin</strong>-Hannover AöR,<br />

<strong>Berlin</strong> / Hanover<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

<strong>Berlin</strong>er Sparkasse*<br />

90.4 % <strong>Landesbank</strong> <strong>Berlin</strong><br />

Investment GmbH<br />

25.1 % Atos Worldline Processing GmbH,<br />

Frankfurt / Main<br />

25.1 % B + S Card Service GmbH,<br />

Frankfurt / Main<br />

12.0 % 75.0 % --1 Aktie netbank Aktiengesellschaft,<br />

Hamburg<br />

IDLG Immobiliendienstleistungen GmbH LBB-Immobilien-Service GmbH<br />

LBB Grundstücks-Gesellschaft mbH<br />

der <strong>Landesbank</strong> <strong>Berlin</strong> AG<br />

BankenService GmbH<br />

Unternehmensgruppe <strong>Landesbank</strong> <strong>Berlin</strong><br />

<strong>Berlin</strong>Online Stadtportal GmbH & Co. KG<br />

GfBI Gesellschaft für Beteiligungen<br />

und Immobilien mbH<br />

7.8 % Finanz Informatik GmbH & Co. KG,<br />

Frankfurt / Main<br />

45.0 % Versicherungsservice GmbH<br />

Unternehmensgruppe <strong>Landesbank</strong> <strong>Berlin</strong><br />

Major investments are shown.<br />

Investments of which no percentage is shown are wholly owned and<br />

based in <strong>Berlin</strong>, unless otherwise stated.<br />

* A branch of <strong>Landesbank</strong> <strong>Berlin</strong> AG Status: March 2009<br />

Banks and Finance Companies Real Estate Other Services


Imprint<br />

Published by<br />

<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

<strong>Corp</strong>orate Communications<br />

Alexanderplatz 2<br />

D-10178 <strong>Berlin</strong><br />

Designed and produced by<br />

HGB Hamburger Geschäftsberichte GmbH & Co. KG<br />

Photography<br />

Corbis<br />

Getty Images<br />

Mauritius<br />

plainpicture<br />

Printed by<br />

Broermann Offset-Druck GmbH, Troisdorf-Spich<br />

The German version of this report is definitive.<br />

ISSN 1868-3339


<strong>Landesbank</strong> <strong>Berlin</strong> <strong>Holding</strong> AG<br />

Alexanderplatz 2<br />

D-10178 <strong>Berlin</strong><br />

P. O: Box 11 08 01<br />

D-10838 <strong>Berlin</strong><br />

Telephone: + 49 30 86 95 00<br />

Fax: + 49 30 86 95 09<br />

Should you have any questions regar ding<br />

the Annual Report, please contact:<br />

<strong>Corp</strong>orate Communications<br />

Christina Pries<br />

Telephone: + 49 30 86 96 63 89<br />

Fax: + 49 30 86 96 63 93<br />

E-mail: ir@lbb.de<br />

www.lbb-holding.de<br />

www.lbb.de

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!