Protection Scheme

Protection scheme of the German savings banks finance group

The German Savings Banks Finance Group has an institutional protection scheme. This scheme protects deposits held at a savings bank (Sparkasse), a federal state bank (Landesbank) and a federal state building society (Landesbausparkasse).

There has not been a single case of default by a member institution since the formation of the protection scheme in the 1970s. No customer within the Savings Banks Finance Group has lost his deposit nor related interest so far.

This scheme consists of 13 protection independent schemes:

  • eleven savings banks guarantee funds of the regional savings bank associations,
  • the security reserve of the Landesbanken and central giro institutions and
  • the guarantee fund of the central building societies.

These independent protection schemes have been consolidated in an institutional protection scheme of the German Savings Banks Finance Group in order to maximize the protection available to safeguard an institution in the event of a crisis. The German Deposit Guarantee Act (EinSiG) entered into force in Germany on 3rd July 2015. The law transposes the relevant EU Directive. The Savings Banks Finance Group realigned its proven guarantee scheme to these statutory requirements which is recognised as a deposit guarantee scheme under EinSiG.

1. Voluntary institutional protection scheme

The objective of this scheme is to protect the member institutions themselves and to avert imminent or existing financial difficulties at these institutions. To achieve this, the protection scheme can, for example, contribute new liability funds, provide guarantees or sureties vis-à-vis third parties or even satisfy third-party claims. These measures may be combined. This is designed to rectify the problems faced by the institution in question and to avoid a bank resolution with regard to the SAG [Sanierungs- und Abwicklungsgesetz (Bank Recovery and Resolution Act)].

All the securities (not of an equity / regulatory capital nature1) that HSH Nordbank AG has issued will therefore continue to fall under the institutional protection of the guarantee system of the Savings Banks Finance Group (Art. 39 (1) of the statutes).

1 especially in accordance with recital 41, 44 of the EU Commission’s Communication 2013/C 216/01 of 30 July 2013 [Banking Communication („Bankenmitteilung“)
 

2. Statutory deposit guarantee

In case the German Federal Financial Supervisory Authority ascertains a compensation case in accordance with EinSiG (e.g. if the voluntary institutional protection scheme has failed averting financial difficulties at a credit institution), the customer has a claim against the deposit guarantee scheme for the repayment of his deposits up to EUR 100,000. This compensation shall be paid within seven working days.

More information on http://www.dsgv.de/en/savings-banks-finance-group/institutional_protection_schem .

Future Protection of the Bank`s deposits

Against the background of the privatization completed on 28 November 2018 with the closing some arrangements have been made with regard to the proposed transition of HSH Nordbank from the voluntary institution protection scheme of the German Savings Banks Finance Group to the Private Banks deposit protection scheme.

These arrangements are as follows:

HSH Nordbank`s membership in the voluntary institutional protection scheme continues according to § 94 paragraph 4a statutes for another three years until 31.December 2021. All securities (not of an equity / regulatory capital nature2) that HSH Nordbank AG has issued will therefore continue to fall under the institutional protection of the guarantee system of the Savings Banks Finance Group (Art. 39 (1) of the statutes).

The seamless transition of HSH Nordbank to the Private Banks protection scheme is planned for 1st January 2022.The protection scheme consists of the Compensation Scheme of German Banks (Entschädigungseinrichtung deutscher Banken [EdB], legal deposit guarantee) an the voluntary Deposit Protection Fund of the Federal Association of the German Banks (freiwilliger Einlagensicherungsfonds des Bundesverbandes deutscher Banken e.V. [ESF]).

The admission of HSH Nordbank

  • to the EdB takes place on 1st January 2022 based on EinSiG by allocation of German Banking Authority (BaFin)
     
  • to the ESF on 1st January 2022 assumes that HSH Nordbank fulfills the statutary requirements for the cooperation in the ESF. If that is the case HSH Nordbank will contribute to the ESF – like all other banks – with the statutary maximum deposit protection per depositor of 15% of the bank’s equity capital. On this occation the statutary variations with respect to the scope of the deposit protection for all in the ESF participating banks and already launched on 10th October 2017 have to be considered:
     

    1. deposits from regional authorities, financial institutions and investment companies are no longer protected from 1st October 2017 onwards;

    2. promissory note loans and registered bonds are no longer protected from 1st October 2017 onwards, unless they are held by natural individuals or foundations with legal capacity;

    3. all deposits, unless those of natural individuals or foundations with legal capacity, are only protected from 1st January 2020 onwards, if they have a maturity not exceeding 18 months

  • Already from 1 st January 2019 HSH Nordbank will be accompanied by the Audition Association of German Banks (Prüfungsverband deutscher Banken e.V.) during the three-year transition phase.
     

More information about private bank`s protection scheme on https://bankenverband.de/was-wir-tun/einlagensicherung/ .

Through this procedure arranged with German Savings Banks Finance Group and Federal Association of the German Banks continuity regarding the safety of HSH Nordbank`s deposits is given furthermore.

2 especially in accordance with recital 41, 44 of the EU Commission’s Communication 2013/C 216/01 of 30 July 2013 [Banking Communication („Bankenmitteilung“)

 

Maintenance and Guarantee Obligation

EU Agreement

An understanding regarding state guarantees Maintenance and Guarantee Obligation was reached between the EU Commission and the German federal government on July 17, 2003. This stipulates that Maintenance Obligation should be transformed into a market-based ownership relationship and that Guarantee Obligation should be abolished. A transitional period of four years until July 18, 2005 for full implementation was agreed upon. A grandfathering clause is provided for all commitments made prior to or during the transitional period.

The following overview contains important information on the Brussels agreement:


Maturity of Liabilities
Date of Issuance Up to July 18, 2005 July 19, 2005 to
Dec 31, 2015
After Dec 31, 2015
Up to July 18, 2001 Maintenance &
Guarantee Obligation
Guarantee Obligation Guarantee Obligation
July 19, 2001
to July 18, 2005
Maintenance &
Guarantee Obligation
Guarantee Obligation No Guarantee
After July 18, 2005
No Guarantee No Guarantee


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Under the institutional liability (Anstaltslast) the owner shall protect the bank’s economic basis, to keep it operational for the entire duration of its existence and to make up for possible shortfall by subsidies or other suitable means. The guarantee obligation (Gewährträgerhaftung) obliges the guarantor to indemnify the creditors in case of an insolvency or liquidation of the bank. It gives creditors a direct claim against the guarantor and can only be invoked if the bank’s assets are insufficient to satisfy the creditors. The guarantee obligation is neither limited in amount nor in time.

Maintenance and Guarantee Obligation (Anstaltslast and Gewährträgerhaftung) for HSH Nordbank AG

The state of Schleswig-Holstein and the City of Hamburg ratified a state treaty which stipulates that guarantee obligations are also valid for HSH Nordbank to the same extent, that is, as these obligations were valid for the previous bank entities, Hamburgische Landesbank and LB Kiel. (Art. 2 Liability for HSH Nordbank AG liabilities).