Regulation On The Contributions To The Compensation Institution Of German Banks Gmbh

Original Language Title: Verordnung über die Beiträge zur Entschädigungseinrichtung deutscher Banken GmbH

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Read the untranslated law here: http://www.gesetze-im-internet.de/entschbeitrv/BJNR154000999.html

Regulation on the contributions to the compensation institution of German banks GmbH (EdB grant regulations EdBBeitrV) EdBBeitrV Ausfertigung date: 10.07.1999 full quotation: "EdB post regulation of 10 July 1999 (BGBl. I p. 1540), most recently by article 5 of the Decree of 30 January 2014 (BGBl. I p. 322) is changed" stand: last amended by art. 5 V v. 30.1.2014 I 322 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 17.7.1999 +++) heading: short name and letter abbreviation eingef. by article 1 No. 1 V v. 17.8.2009 I 2879 mWv 26.8.2009 input formula on the basis of § 8 para 3 sentence 1 and 2 of the deposit guarantee and investor compensation act of 16 July 1998 (BGBl. I S. 1842) the Federal Ministry of finance ordered after hearing of the compensation institution of German banks GmbH: § 1 year post (1) institutions that are associated with the compensation institution of German banks GmbH, have on the establishment of compensation no later than on 30 September to make an annual contribution. The annual fee for an institution is 0.016 percent of the balance sheet item "Liabilities to customers" his last prior to July 1, the annual financial statements multiplied by the credit factor of this Institute in accordance with article 4, paragraph 2 or 3, but at least EUR 15 000. For the calculation of the contribution following, contained in the balance sheet item "Liabilities to customers" post can remain unconsidered: 1st mortgage name pawn, 2 public registered Pfandbriefe, 3. other registered notes that paragraph 4 of the directive certain 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to the conditions of laid down in article 52 undertakings for collective investment in transferable securities (UCITS) (OJ Meet L 302 of 17.11.2009, p. 32, L 269 from 13.10.2010, p. 27), management company within the meaning of § 1 paragraph 14 of the investment law based in the country or abroad including that of them managed domestic and foreign investment asset pools within the meaning of § 1, clause 1 of the investment code, 5 liabilities to private and public insurance companies, 6 4 liabilities to the Federal Government, a country, a legally dependent Fund of the Federation or a land , a municipal authority, another State or a regional government or local authority of another State, 7 liabilities to companies that form a group within the meaning of section 18 of the companies Act, without having it on the legal form is that, with the Institute 8 liabilities from repurchase, 9 rear delivery obligations from securities lending transactions, 10 liabilities, which are not on the currency of a Member State of the European Union or euro , and 11 at building societies capped ten times of the resources listed to the special item "Bausparen technical hedge funds" according to § 6 paragraph 1 of the law on building societies.
An Institute of the possibility pursuant to sentence 3 avails, it has confirmed by an auditor or audit firm proof of the amount to provide deductions, as far as they are not apparent from the institution's balance sheet.
(1a) at an Institute that forcing other compensation facility within the meaning of article 3 (1) of Directive 94/19/EC of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes (OJ L 135 of the 31.5.1994, p. 5) or of article 2 paragraph 1 of Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on (OJ investor-compensation schemes L 84 of the 26.3.1997, p. 22) belongs to, those liabilities may be deducted upon application to the assessment of the annual contribution from the balance sheet item "Liabilities to customers", which are covered by the scope of the other compensation scheme. It has an Institute of the possibility pursuant to sentence 1 utilizes evidence confirmed a chartered accountant or an accounting firm on the amount of deductions to provide one, as far as these are not shown in the institution's balance sheet.
(2) instead of the annual fee referred to in paragraph 1 Institute can contribute year amounting to 1.1 per cent of the potential scope of the compensation pursuant to § 4 of the deposit guarantee and investor compensation act at the time of the last before July 1, the annual financial statements multiplied by their credit rating factor in accordance with § 4 paragraph 2 or 3, but at least EUR 15 000, provided that they confirmed by a chartered accountant or an accounting firm evidence of this potential scope of liabilities of the compensation fund per year up to June 30 provide.
(3) contributions are all institutions that are associated with the establishment of compensation during the accounting year or were associated with, irrespective of the duration of the assignment.
(4) the obligation to contribute an Institute ends as soon as 1 that Federal Agency for financial services supervision has encountered the compensated according to § 5 paragraph 1 of the deposit guarantee and investor compensation act and this finding has become final or 2 lifted the permission of the Institute or returned.
(5) the annual contribution of an institution is not more than 0.6 per cent of its own resources referred to in article 72 of Regulation (EU) No. 575 / 2013 of the European Parliament and of the Council of 26 June 2013 on supervision requirements for credit institutions and investment firms and for amending the Regulation (EU) No. 646 / 2012 (ABI. OJ L 176 of the 27.6.2013, p. 1).

§ 2 one-time payment (1) Institute associated after 1 August 1998 establishing compensation have in addition to the annual contribution referred to in paragraph 1 a one-time payment in the amount of 0.1 per cent of the balance sheet item 'Liabilities to customers' on the basis of their last annual financial statements to do if they have established as CRR credit institution in accordance with article 1, paragraph 1 No. 1 of the deposit and investor compensation act already accounts for three full fiscal years. § Applies 1 section 1a. Instead of the one-time payment pursuant to sentences 1 and 2 the institutions can afford the deposit guarantee and investor compensation act a one-time payment amounting to 12 percent of the potential scope of the compensation according to § 4 at the time of the last annual financial statements, unless they provide evidence confirmed by a chartered accountant or an accounting firm about this potential scope of liabilities of the compensation fund. The one-time payment is at least 30 000 euro in any case. The one-time payment is due with the announcement of the decision about the one-time payment.
(2) Institute, no. 1 of the deposit guarantee and investor compensation Act have placed no financial statements for three full years as CRR credit institution in accordance with section 1, paragraph 1, are required to make the one-time payment under paragraph 1 on the basis of the annual accounts of the third full fiscal year, but not less than EUR 30 000. Allocation to the compensation scheme, these institutions have to make an advance payment in the amount of the minimum payment of 30 000 euros. The advance payment is due upon notification of a preliminary notice on the one-time payment. After presentation of the annual financial statements for the third full financial year as CRR credit institution pursuant to section 1 para 1 No. 1 of the deposit guarantee and investor compensation act is a resulting difference to pay after that will be charged following the announcement of the final decision about the one-time payment. The obligation pursuant to sentence 4 even if the Institute before reaching the third full business year is eliminated from the compensation scheme. The Institute at the time of the creation of the annual financial statements for the third full financial year is no longer active in the territorial scope of the deposit guarantee and investor compensation act the annual financial statements for the full fiscal year, in which the Institute last all time worked in the territorial scope of the deposit guarantee and investor compensation act takes the place of the annual financial statements for the third full business year.
(3) for the calculation of the single payment the Institute has following a request by the compensation scheme for the balance of the compensation scheme to be without delay, at the latest within two weeks, to make available.

Section 3 modification of the one-off payment (1) the compensation scheme associated institutions, caused by reestablishment in the way of the merger of formerly non-compensation set up institutes, are exempt from the one-off payment, unless the Institute formerly belonging to the compensation scheme have made annual contributions in the recording year.
(2) the Institute formerly belonging to the compensation scheme did any year posts record year, is obliged to make a one-time payment of an annual fee in accordance with article 1, paragraph 1 and 1a or paragraph 2 on the basis of the final balance sheets of former institutions forming part of the compensation scheme, the associated institution.
(3) paragraphs 1 and 2 shall apply mutatis mutandis to associated institutions that emerged in the way of splitting or otherwise transfer of assets. In the case of fission, the payment is according to paragraph 2 of the participating institutions in proportion to afford.

§ 4 (dropped out) § 4 determination of the credit factor of (1) the compensation scheme has to carry a credit rating of insurance institutions for the purpose of determining the credit factor. It has to determine a credit rating be based 50 percent on a credit rating related to key figures according to § 5 and 50 per cent on a credit rating on the basis of ratings according to § 6 for each Institute.
(2) credit factor of the contribution assessment of the institution from the credit rating is then as follows: credit rating 1 2 3 4 5 6 7 8 9 credit factor 0.75 0.9 1.0 1.1 1.25 1.4 1.6 1.8 2.0 (3) Institute for newly established the credit factor 1.1 applies in the first two full fiscal years by way of derogation from paragraphs 1 and 2. Sections 5 through 7 are not applicable in this respect.

§ 5 credit rating on basis of figures (1) who takes compensation scheme before the credit rating on the basis of indicators of the Institute regarding his assets, financial and earnings position in accordance with Annex 1 to this regulation.
(2) the institutions are obliged to submit the following documents and data of the compensation scheme for establishing the credit rating: 1 the annual accounts within the meaning of § 26 paragraph 1 sentence 1 and 2 of the Banking Act of the year completed before 1 March of the relevant accounting year as well as last year's or the corresponding balance sheets with expenses and income statement and annex in accordance with article 53 paragraph 2 No. 2 of the Banking Act , 2. the overview sheet to the own resources referred to in article 72 of Regulation (EU) No. 575 / 2013 in conjunction with section 10a of the Banking Act (form E OVR or Q OVR to Appendix 3 of the solvency Regulation) on the closing date of the fiscal year concluded before 1 March of the relevant accounting year and the balance sheet of the previous year, and 3. information the completed questionnaire of the compensation scheme for the collection of complementary.
The annual accounts and the balance sheet should be equipped with an unqualified audit opinion of the external auditors. Annual financial statements or a balance sheet with restricted auditor is considered by the compensation scheme only if the objections of the auditor does not relate to the figures relevant to the credit assessment according to annex 1 number 1.

§ 6 credit rating on the basis of ratings (1) who takes compensation scheme before the credit rating on the basis of ratings in accordance with the annex 2 to this regulation.
(2) the credit rating only rating results may be used by current credit ratings of a recognised rating company in the form of full ratings with a period of one year. Current ratings within the meaning of sentence 1 are those that have been created on behalf of the institution or a third party in relation to the credit of the Institute from July 1 of the previous accounting year and no later than 30 June of the current accounting year, and whose respective forecast period has not yet expired. There are several rating results in terms of sentences 1 and 2 for an institution, they are weighted by the compensation scheme in accordance with the annex 2 to this regulation.
(3) rating company recognised in accordance with paragraph 2 sentence 1 are companies, as rating agencies referred to in article 14 of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (OJ L 302 of 17.11.2009, p. 1, L 350 of December 29, 2009, p. 59 and L 145 of 31.5.2011, p. 57) are registered in the currently valid version or certified in accordance with article 5 of this regulation and have 1 for at least five years experience with the credit rating of CRR credit institutions or credit assessments for backup facilities by CRR credit institutions have 2 for at least ten years made.
(4) any credit rating assessment category, which is used by a recognized rating companies, associates the compensation scheme of a credit note referred to in article 4, paragraph 2. Mapping the compensation scheme applies in § 54 paragraph 3 to 6 of the solvability regulation regulated principles according to. The compensation scheme published the map in the Internet.
(5) the institutions are obliged, the compensation scheme for establishing the credit rating to transmit all current ratings related to it within the meaning of paragraph 2 sentence 1 and 2. If institutions do not have a current rating, they are obliged to obtain one for submission to the compensation scheme. Sentence 2 shall not apply to institutions within the meaning of § 53 paragraph 1 sentence 1 of the German Banking Act that provide a rating of your company based abroad if this rating set 1 and 2 meets the requirements of paragraph 2.

§ 7 obligation, preliminary determination and exclusion period (1) the Institute are obliged to submit the information required for determining the balance sheet item "Liabilities to customers" and the credit rating in accordance with section 1, paragraph 1, sentence 2, § 5 paragraph 2, and article 6, paragraph 5, and documents the compensation scheme until 1 July of the relevant accounting year. An Institute presents 1 or not completely required information and documentation within the period of the sentence, the compensation scheme is empowered to set the annual contribution for the time being. An Institute not timely submit required financial statements within the meaning of § 1 paragraph 1 sentence 2 the for the determination of the balance sheet item "Liabilities to customers" or not the balance sheet item "Liabilities to customers", determined by the presented financial statements the compensation scheme is authorised to assess this position, taking into account the scope and the structure of the transactions of the Institute and a group of comparable institutions on the basis of appropriate documentation. An institution not timely presents for the credit rating information and documentation referred to in article 5, paragraph 2, and article 6, paragraph 5, applies to the Institute based on the current fiscal year of the credit note 9 (2) the information and documentation referred to in paragraph 1 sentence 1, which are submitted after December 31 of the subsequent accounting year will not be considered. After this period, the compensation scheme finally sets the contribution, taking into account the documents presented to up to 31 December to the balance sheet item "Liabilities to customers"; the credit note referred to in paragraph 1 sentence 4 considered final credit rating, as far as the Institute has submit the necessary information and documents for the credit rating until the end of the period.
(3) in paragraph 2 sentence 1 deadline is a deadline.

§ 8 (1) version applicable to section 1 in the August 26, 2009 is transitional provision for the first time to use on the survey of annual contributions for the fiscal year 2008/2009.
(2) in the case of institutions, which have been assigned to the compensation scheme before August 26, 2009, is to collect the one-time payment according to paragraphs 2 and 3 of this regulation in the version applicable up to August 25, 2009.
(3) paragraph 1 as amended from December 16, 2011 is to apply for the first time on the collection of annual contributions for the fiscal year 2011/2012. The one-time payment is for institutions, that the compensation scheme have been assigned to before December 16, 2011, to rise further after the paragraphs 2 and 3 of this regulation in the version applicable up to December 15, 2011.

Article 9 entry into force this regulation enters into force on the day after the announcement.

Appendix 1 (to § 5 paragraph 1 and 2 sentence 3) (site: BGBl. I 2011, 2687 - 2688) credit rating enter the following ratios in the code-related credit rating on the basis of figures 1: key figures weight ratio core capital ratio 0.61% equity ratio 4.30% risk interest rate 6.81% risk of feed rate 3.64% return on equity 3.96% gross profitability 4.94% cost coverage ratio 2.71% net profitability 1.84% liquidity ratio 9,21% refinancing rate 5.33% stock sensitivity securities 6.06% result sensitivity securities 0.59% 50.00% the percentage of indicators on which arises credit rating in accordance with article 4, paragraph 1, sentence 2 from their weight in accordance with Column 2 of the table above.
2. Description of the measure quotient in accordance with column 3 of the table above:-core capital pursuant to article 25 of Regulation (EU) No. 575 / 2013: core capital according to the summary sheets of the own resources referred to in article 72 of Regulation (EU) No. 575 / 2013 in conjunction with section 10a of the KWG (form E OVR or Q OVR ID number 1.4 of annex 3 to the SolvV) - Ø capital requirement com. SolvV: (last year + year) / 2 according to the summary sheets of the own resources referred to in article 72 of Regulation (EU) No. 575 / 2013 in connection with section 10a of the KWG (form E OVR or Q OVR ID number 2 of Appendix 3 to the SolvV)
-Own resources referred to in article 72 of Regulation (EU) No. 575 / 2013: own resources as a whole according to the summary sheet to the own resources referred to in article 72 of Regulation (EU) No. 575 / 2013 in conjunction with section 10a of the KWG (registration form E OVR or Q OVR ID number 1 of annex 3 to the SolvV)-risk provisions was customer demands: individual value adjustment was customers + lump-sum allowance was customer - demands customers (gross): balance sheet item advances to customers plus the backlog of individual and collective impairment customers and after-tax net pension reserves - risk provision lending (net) : Saldiertes evaluation results in the credit business without taking into account a compensation with the rating of securities of liquidity reserve (circular compensation) - net interest income: balance of the position interest income in accordance with § 28 RechKredV and interest expense in accordance with § 29 RechKredV (excluding current income from shares and other non-fixed income securities, participating interests, shares in affiliated companies) - year gross profit: profit of from ordinary activities before taxes plus the extraordinary result - Ø balance sheet or dotation capital : (Last year + year) / 2, equity in accordance with form 1 of the RechKredV - advanced gross profit: profit of from ordinary activities before tax adjusted for the revaluation result in the credit business, the General administrative expenses as well as depreciation and value adjustments on tangible and intangible assets - Ø total business volume: (last year + year) / 2, gross assets (= assets including risk prevention inventory) + other off-balance sheet transactions including provisions in accordance with article 19, paragraph 1 extended more generally KWG - overhead: General administrative expenses in accordance with article 31 RechKredV + depreciation and value adjustments on tangible and intangible assets in accordance with form 2 of the RechKredV + independent income taxes in accordance with form 2 the RechKredV - Ø balance sheet total: (last year + year) / 2, total assets according to the balance sheet - liquid assets: cash reserve + mobilisable debt + demands customers and credit institutions with a maturity up to three months + securities of the liquidity reserve + securities of trading portfolio - customer deposits: liabilities to customers with a remaining term of up to three months - short term liabilities: liabilities due to banks with a remaining term of up to three months + trading liabilities + securitised liabilities with a remaining maturity up to three months - demand customers (net) : Demand customers according to the balance sheet - claim credit institutions (net): claim credit institutions in accordance with balance sheet - securities: debt securities and other fixed-income securities + shares and other variable-yield securities + trading portfolio (all according to balance sheet) - credit equivalents: amounts, which are derivatives as credit pursuant to the § § 13 and 14 KWG in conjunction with article 387 of the Regulation (EU) No. 575 / 2013 to be (according to GroMiKV) - financial results: net profit on financial operations in accordance with form 2 of the RechKredV - valuation changes securities : Rating the liquidity reserve securities (analog section 32 RechKredV) + rating the securities of fixed assets (analog section 33 RechKredV).
3. the conditions of the asset, financial and earnings situation at the end of the last before 1 March of the relevant accounting year of financial year are basis for the calculation of key figures. The financial data to be taken into consideration for number 1 based number 2 KWG on the financial statements of the Institute in accordance with article 5, paragraph 2, sentence 1 and 2 and the corresponding balance sheets with expenses and income statement and annex in accordance with article 53, paragraph 2. The ratios at group level are taken into account when application of the so-called waiver scheme referred to in paragraph 2a of the KWG Employeees core capital ratio and total capital ratio. Institutions that number fall under the provisions of § 53 c, and 2 KWG, the relations of the Centre be considered for Employeees core capital ratio and total capital ratio.
4. the indicators be developed using mathematical and statistical methods (discriminant analysis) to an optimized function, adapted as necessary in the framework of regular validation and back testing procedures, and developed.

Annex 2 (to § 6 paragraph 1) (reference: Federal Law Gazette I 2011, 2689) credit assessment ratings based on the rating results in the form of a weighted average credit rating incorporated into. The weighting of multiple floating a rating results depends on its currency. The rating result is younger, the stronger is its weight. The calculation of the weighted average takes place in four steps: step 1 determination of the age of all ratings to be considered for an institution with a run time of ≤ 365 days: F (age of all ratings) step = 2 determination of the weight of the ratings, relative to each rating for an institution to be taken into account: F (weight of Ratingsx) = the sum of the individual weights of the ratings must always evaluate to 1.
Step 3 determination of the weighted average of the ratings, relative to each rating for an institution to be taken into account: step 4 determination of the weighted average of the ratings = F (weighted average of the Ratingsx) point value Ratingx * F (weight of Ratingsx): = F (weighted average of the ratings) for determining the steps 1 to 4 are to take into account the following parameters: - creation time of the EdB rating = rating date EDB - timestamp Ratingx = publication date per rating - x = rating 1 , Rating 2,..., rating n - the rating result a corresponding point value is associated with a transformation matrix.
-Age of the Ratingsx the results of the rating = (rating date EDB - time stamp Ratingx) are methods (discriminant analysis) developed using mathematical and statistical to an optimized function, adapted as necessary in the framework of regular validation and back testing procedures, and developed.