LICENCE 2 OPTIONS MINEURES Date butoir changement d’option : vend 27 septembre DEBUT DES COURS ET TD : LUNDI 16 SEPTEMBRE CHOISIR OBLIGATOIREMENT LA MEME SPECIALITE AU SEM 1 ET SEM 2 L’inscription dans les td du second semestre se feront en ligne courant novembre, sauf option Comptabilité Analytique, à effectuer en ligne au 1er semestre.___________________________
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Db.comDeposits and investments with Deutsche Bank AG are covered by two German protec-
1. Entschädigungseinrichtung deutscher Banken GmbH (EdB), the German pri-
vate commercial bank’s statutory compensation scheme for depositors and in-
2. Einlagensicherungsfonds des Bundesverbands deutscher Banken e.V. (BdB),
the deposit protection scheme of the German private commercial banks
1. Entschädigungseinrichtung deutscher Banken GmbH (EdB), the German private
commercial bank’s statutory compensation scheme for depositors and investors
The German Deposit Guarantee and Investor Compensation Act (Einlagensicherungs- undAnlegerentschädigungsgesetz - EAEG) protects deposits and liabilities arising from invest-ment business at the private commercial banks and private building and loan associations tothe extent provided for under this Act by the Entschädigungseinrichtung deutscher BankenGmbH (EdB), Burgstraße 28, 10178 Berlin, Germany, n top of anyother guarantee schemes that may exist.
a) Right to compensation
All private individuals as well as partnerships and small corporations are entitled to compen-sation. Not protected are deposits of banks and financial services institutions, insurance en-terprises and medium-sized and large corporations or deposits of public authorities (see inthis connection Section 3 of the EAEG).
b) Scope of the claim to compensation
- deposits up to a limit of € 100,000 and- 90 % of liabilities arising from investment business, limited to the equivalent of Besides all types of deposits – mainly demand, term and savings deposits -, registered sav-ings certificates are also protected. Liabilities in respect of which a bank has issued bearerinstruments such as bearer bonds and bearer deposit certificates are, on the other hand, notprotected.
There is no claim to compensation unless deposits are denominated in Euros or the currencyof an EU member state.
Compensation is provided in connection with investment business particularly if, contrary toits duties, a bank is unable to return securities owned by the customer and held in custody onhis behalf.
c) Compensation procedure
EdB will be required to settle duly checked claims, provided these relate to deposits, within30 working days at the latest.
Creditors are notified immediately that compensation is payable. A claim to compensationmust be submitted in writing by the customer to the EdB within one year of notification that compensation is payable. After expiry of this period, a claim to compensation can, as a rule,no longer be asserted.
A claim to compensation is barred under the Statute of Limitations after a period of fiveyears.
Disputes about the reasons for, and the amount of, a claim to compensation may be settledthrough civil proceedings in Gerrman courts.
d) Extract from the German Deposit Guarantee and Investor Compensation Act
(1) If compensation is payable, the creditor of an institution shall have a right to com- pensation as provided in Section 4 from the compensation scheme to which theinstitution has been assigned.
(2) No right to compensation pursuant to subsection 1 shall be granted to 1. institutions as defined in Section 1, subsection 1, number 1 and financial insti- tutions as defined in Article 1, number 6 of Council directive 89/646/EEC ofDecember 15, 1989 on the coordination of laws, regulations and administra-tive provisions relating to the taking up and pursuit of the business of credit in-stitutions and amending Directive 77/780/EEC (Official Journal of the Euro-pean Communities no. L 386, p. 1) domiciled in Germany or abroad, if theyare acting in their own name and for their own account, 2. private and public insurance enterprises domiciled in Germany or abroad,3. investment companies, including the special funds managed by them, or pub- lic limited investment companies or collective investment undertakings domi-ciled abroad, 4. the Federal Government, a Land government, a legally dependent special fund of the Federal government or a Land Government, a local authority, an-other state or a regional government or a local authority of another state, 5. managers, general partners or members of supervisory bodies of the institu- tion, persons holding 5 % or more of the institution’s capital, auditors as de-fined in Section 28 of the German Banking Act (Kreditwesengesetz – KWG)and creditors with a similar status or function in an enterprise which, togetherwith the institution, constitutes a group as defined in Section 18 of the GermanStock Corporation Act (Aktiengesetz – AktG), irrespective of their legal form, 6. spouses and first and second-degree relatives of the persons referred to in number 5 unless the deposits, funds or financial instruments stem from thespouses’ or relatives’ own assets, 7. enterprises which, together with the institution, constitute a group as defined in Section 18 of the German Stock corporation Act (Aktiengesetz – AktG), 8. creditors who have any responsibility for or have taken advantage of certain facts relating to the institution (especially if they have received high rates of in-terest or financial advantages by virtue of individually negotiated agreements)which gave rise to the financial difficulties or significantly contributed to the de-terioration of the institution’s financial situation, 9. incorporated enterprises which are required under the provisions of the Third Book of the German Commercial Code (Handelsgesetzbuch – HGB) to pre-pare a management report or are exempted from this requirement solely be-cause of their inclusion in consolidated financial statements, similar enter-prises domiciled abroad, and 10. Creditors whose claims on the institution arise out of transactions in connec- tion with which a criminal conviction has been obtained against certain per-sons for money laundering, as defined in Article 1 of Council Directive91/308/EEC of June 10, 1991 on prevention of the use of the financial system for the purpose of money laundering (Offical Jounral of the European Com-munities no. L 166, p. 77).
If the creditor of an institution has acted for the account of a third party, determi-nation of the right to compensation in accordance with sentence 1 shall relate tothe third party provided that the trust relationship is clearly shown in the accountdesignation.
(3) The claim of the person entitled to compensation on the compensation scheme shall be barred under Statute of Limitations after five years.
(4) Disputes about the reasons for and amount of the claim to compensation may be (1) The claim to compensation of the creditor of the institution shall be based on the amount and size of the creditor’s deposits or the liabilities to him resulting fromthe investment business, taking due account of any set-off and counterclaims ofthe institution. There shall be no claim to compensation unless deposits or fundsare denominated in the currency of an EU member state or in euros.
(2) The amount of the claim to compensation shall be limited to 1. the equivalent of € 100,000 of deposits and2. 90 per cent of the liabilities arising from investment business and the equiva- Liabilities arising from investment business of an institution as defined in Sec-tion 1, subsection 1, number 1 holding a licence to conduct banking business or toprovide financial services as defined in Section 1, subsection 1, sentence 2, num-bers 4 or 10 or subsection (1a), sentence 2, numbers 1 to 4 of the German Bank-ing Act (Kreditwesengesetz – KWG) shall be deemed to be deposits provided thatthe liabilities relate to the institution’s obligation to give the customers possessionor ownership of funds.
(3) The calculation of the amount of the claim to compensation shall be based on the amount of the deposits or funds and the market value of the financial instrumentson the date when it is determined that compensation is payable. The claim tocompensation shall include, up to the limit specified in subsection 2, also interestclaims. These shall exist from the time when it is determined that compensation ispayable until repayment of liabilities and until the opening of insolvency proceed-ings at the longest. The claim to compensation shall be reduced if and to the ex-tent that the financial loss sustained by the creditor due to the occurrence of acompensation case is cancelled out by payments made by third parties.
(4) The limit provided in subsection 2 shall apply to the creditor’s aggregate claim on the institution, irrespective of the number of accounts, the currency and the loca-tion where the accounts are operated or the financial instruments are hold. Thecompensation may be paid in euros.
(5) In case of joint accounts the limit provided in subsection 2 shall be based on each account holder’s share. In the absence of special provisions, the deposits, fundsor financial instruments shall be divided equally among the account holders.
(6) If the creditor has acted for the account of a third party, the limit provided in sub- section 2 shall apply to the third party.
(1) The Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleis- tungsaufsicht – BaFin) shall determine that compensation is payable immediately,but not later than five working days after it has come to its notice that an institutionis unable to repay deposits and not later than 21 days after it has come to its no-tice that an institution is unable to meet obligations arising from investment busi- ness. It shall also determine that compensation is payable if measures pursuantto Section 46a, subsection 1, sentence 2 number 4 - 6 of the German Banking Act(Kreditwesengesetz – KWG) have been ordered and these last longer than sixweeks. Objections to an appeal against the ruling shall have no postponing effect.
The Federal Banking Supervisory Authority (Bundesanstalt für Finanzdienstleis-tungsaufsicht – BaFin) shall publish the ruling pursuant to sentences 1 and 2 inthe Federal Gazette. It shall immediately notify the compensation scheme towhich the bank has been assigned of the ruling.
(2) The compensation scheme shall immediately notify the creditors of the institution that compensation is payable and of the period provided in subsection 3, sen-tence 1; it shall take appropriate measures to compensate the creditors withinthree months of the date when it was determined that compensation is payable.
To this end, the institution shall make available to the compensation scheme thedocuments necessary for the compensation of the creditors. It shall do so imme-diately, but within one week at the latest.
(3) The claim to compensation shall be submitted in writing to the compensation scheme within one year from the date of notification that compensation is pay-able. The right to compensation shall be barred after expiry of this period unlessthe failure to meet the deadline is beyond the control of the person entitled tocompensation.
(4) The compensation scheme shall immediately check the claims submitted. It shall settle duly checked claims relating to compensation for deposits not later than 20working days after determination by the Federal Banking Supervisory Authority(Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin) that compensation ispayable. It shall settle claims which are submitted later than two weeks after de-termination that compensation is payable within 20 working days after receipt ofthe claim. Section 4, subsection 2, sentence1 shall apply mutatis mutandis. Inspecial cases the period specified in sentences 2 and 3 may be extended by up tothirty working days with the approval of the Federal Banking Supervisory Authority(Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin). The compensationscheme shall settle claims relating to compensation for liabilities of an institutionarising from investment business not later than three months after the establish-ment of eligibility and the amount of the claims. In special cases this period maybe extended by up to three months with the approval of the Federal Banking Su-pervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin).
(5) To the extent that the compensation scheme pays the claim to compensation of an eligible person, the latter’s claim on the institution shall be transferred to thecompensation scheme.
(6) If a creditor’s claim is related to business in connection with which persons are under investigation in criminal proceedings relating to money laundering as de-fined in Article 1 of Directive 2005/60/EEC, the compensation scheme may sus-pend any payment until the proceedings have been terminated.
2. Einlagensicherungsfonds des Bundesverbands deutscher Banken e.V. (BdB), the
deposit protection scheme of the German private commercial banks
The Deposit Protection Fund of the Association of German Banks (Einlagensicherungsfondsdes Bundesverbands deutscher Bnaken e.V. - BdB) exists in addition to above describedstatutory compensation scheme for depositors and investors.
a) Scope of deposit protection
The Deposit Protection Fund of the Association of German Banks (Einlagensicherungsfondsdes Bundesverbands deutscher Bnaken e.V. - BdB) fully secures the deposits of every cus- tomer at the private commercial banks up to a ceiling of 30 % of the relevant liable capital ofeach bank as of the date of the last published annual financial statements. This protectionextends to all “deposits held by on-banking institutions”, i.e. deposits held by private individu-als, business enterprises and public bodies. The deposits protected are for the main partdemand, term and savings deposits and registered savings certificates. Liabilities in respectof which bearer instruments, e.g. bearer bonds and bearer certificates of deposit, have beenissued by a bank are, on the other hand, not protected.
On request, the Association of German Banks (Bundesverbands deutscher Bnaken e.V. -BdB) will advise any interested parties of the current deposit protection ceiling of a memberbank. This ceiling is also available on the website of the Association of German Banks (Bun-desverbands deutscher Bnaken e.V. - Bd Even in the unlikely event of a bank ceasing to participate in the Deposit Protection Fund,provision has been made for all depositors to be informed in good time so that they canmake appropriate arrangements while still enjoying deposit protection. Furthermore, depositsare protected until the next due date, i.e. possibly well beyond the date on which a bank’sparticipation in the Deposit Protection Fund ends.
b) Legal framework
The financial resources of the Deposit Protection Fund are raised by the participating bankson a voluntary basis.
German legislators recognized the necessity of deposit protection in the 1976 Amendment tothe German Banking Act (Kreditwesengesetz – KWG), which established an important pre-condition for the efficient operation of the Deposit Protection Fund. Their confidence in theeffectiveness of the Deposit Protection Fund is also reflected in the fact that under the provi-sions of the German Civil code (Bürgerliches Gesetzbuch – BGB) trust funds may be depo-sited up to the individual protection ceiling with banks participating in the Deposit ProtectionFund.
c) Subsidiarity of the Deposit Protection Fund
The deposit Protection Fund only covers deposits and depositors of and to the extent thatthese are not already secured by the EdB.
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