Sparkasse KölnBonn Sparkasse KölnBonn Financial Group
Transcription
Sparkasse KölnBonn Sparkasse KölnBonn Financial Group
Sparkasse KölnBonn Sparkasse KölnBonn Financial Group Consolidated Financial Statements for Fiscal Year 2010 pursuant to International Financial Reporting Standards (IFRS) State of North Rhine-Westphalia District of Cologne Founded 1826 Financial institution incorporated under public law The responsible body for Sparkasse KölnBonn is the special purpose savings banks association “Zweckverband Sparkasse KölnBonn” Sparkasse KölnBonn Financial Group Consolidated Financial Statements for Fiscal Year 2010 pursuant to International Financial Reporting Standards (IFRS) State of North Rhine-Westphalia District of Cologne Founded 1826 Financial institution incorporated under public law The responsible body for Sparkasse KölnBonn is the special purpose savings banks association “Zweckverband Sparkasse KölnBonn” Although the greatest care has been taken to ensure that the English translation conveys the true meaning of the original text throughout, only the German text can be considered as legally binding. Contents Consolidated Financial Statements 2010 Contents Group Management Report A. Presentation and Analysis of Business Development, Business Results and Financial Position 1. Business Development and Economic Environment 3 - 34 3 3 2. Results of Operations 12 3. Financial Position 16 4. Net Assets 16 B. Subsequent Events 18 C. Internal Control and Risk Management System for Accounting Purposes 18 D. Risk Report 20 E. Outlook 31 Consolidated Financial Statements 35 - 184 Consolidated Income Statement for the Period from 1 January 2010 to 31 December 2010 36 Statement of Comprehensive Income for the Period from 1 January 2010 to 31 December 2010 37 Appropriation of Profits / Reconciliation as at 31 December 2010 38 Consolidated Statement of Financial Position as at 31 December 2010 39 Statement of Changes in Equity 40 Consolidated Cash Flow Statement 41 Notes to the Consolidated Financial Statements 2010 43 Responsibility Statement 183 Auditors’ Report 184 Report of the Supervisory Board 185 2 Group Management Report A. Presentation and Analysis of Business Development, Business Results and Position of the Company 1. Business Development and Economic Environment Business Environment in 2010 After passing through the heaviest recession since World War II in 2009, the economy bounced back surprisingly strongly in 2010. After adjusting for inflation, GDP growth in Germany came to 3.6%. Although the start of winter at the beginning of the year initially dampened economic growth, the spring of 2010 saw a huge release of pent-up demand. Growth of 2.2% in the first three months represented the strongest growth yet seen in Germany since reunification. In the summer, quarterly growth came to 0.7% and slid to 0.4% in the fourth quarter of 2010. The global economy recovered rapidly from the global recession and led to a rapid rise in German exports. In expectation of rising sales volumes, capital expenditure displayed robust growth with gross investments largely accounting for the economic upswing. Private consumption profited from the rapidly brightening economic climate and favourable development in employment levels. In comparison to the prior year, the number of unemployed dropped by 0.2 million to 3.2 million. The number of employed people contributing to statutory social security rose strongly. The annual average unemployment rate, measured on the basis of the total population of employable people fell by 0.5 percentage points to 7.7%. Due to the favourable development of the labour market, the number of employed rose 0.5% to a new record of 40.5 million. The sectors which were primarily responsible for this development were the construction industry and the service industry and, in the fourth quarter, the manufacturing sector. In spite of the general economic recovery, there were no noticeable signs of inflation in 2010. Given that capacity was not fully utilised, companies only had little latitude to pass on price increases. Over the full year, the inflation rate remained relatively low at 1.1% compared to 0.4% in the prior year. The main drivers of inflation were the prices for fuels, heating oil and food. Inflation within the euro zone was higher than the global rate as a result of higher energy prices. The average inflation rate reached 1.6% compared to 0.3% in the prior year. In December 2010, the inflation rate hit 2.2%, exceeding the inflation goal of the European Central Bank (ECB) for the first time in a long period. In 2010 the ECB continued the expansive monetary policy it had begun in the prior year. The key lending rate of 1.0% remained unchanged at its historic low. The debt crisis in some member states of the monetary union necessitated additional support measures. In the course of the year, the fiscal measures were scaled back and some of the cash already provided paid back. Trends in the Construction Industry Investment in new construction was on the increase in Germany in 2010, rising slightly by 2.8%, however the actual revenues recorded by the construction sector fell slightly by 0.3%. Construction of public buildings recorded a rise in revenue of almost 10%, which unfortunately was almost completely consumed by the downturn in public earthworks and foundations. By contrast, the downwards trend in residential apartment construction has come to an end, with the sector recording a rise in revenues of 5.8%. Building approvals rose by 5.5%. Commercial construction remained depressed, with a fall in revenues of 4.5%. Utilisation of capacity in the processing industry in 2010 was below the long-term average. The strongest stimulus in the construction sector was recorded for finishing and fitting trades which recorded a rise in revenue of 1.0%. This sector especially profited from the economic stimulus packages in the field of energy and building technology and renovations to improve energy efficiency. 3 Group Management Report Trends in the Property Market The residential property market in the Cologne/Bonn region developed positively. The cities of Cologne and Bonn are regarded as attractive locations for working and living. In the City of Cologne, total numbers of residential property rose by 10.2% compared to 1.6% within the City of Bonn. The mean purchase price as determined in a professional report by the City of Cologne was up by 8% on the prior year. In the City of Bonn, prices rose, depending on the age category of the property, by up to 7%. In line with the revival of the labour market and the drop in business insolvencies, the amount of space trading hands on the Cologne office property market in 2010 rose by approximately 3% on the prior year. The ratio of vacant space to total space fell by 6%. In recent years, Bonn has also evolved into a significant location of office property and is considered one of the most important B-grade locations in Germany. Overall, there was a rise in peak rents in all locations in 2010. The significant rise in vacant space in 2010 can be attributed to the reclassification of a space of 20,000 m² as office space after the reporting date. Economic Development of the Cologne/Bonn Region in 2010 The economic upswing was also noticeable in the Cologne/Bonn economic region. In 2010 the number of business insolvencies filed in Bonn decreased from 194 to 168. In Cologne, the decrease was weaker, dropping just 0.3% to 717 petitions filed by companies for insolvency protection. Overall, economic development in the Cologne/Bonn region was stronger than in North-Rhine Westphalia. Across the state, there was an increase of 5.7% in the number of business insolvencies. Industrial companies in the region recorded strongly growing export sales. The construction industry profited from the pent-up demand resulting from the long winter. The stabilisation of private consumption was manifested in a significant rise in business activity among retailers. Wholesalers profited particularly from the global economic recovery. The services sector caught up with this development over the course of the year and reported a more favourable business climate. This also improved the prospects on the labour market in the Cologne/Bonn region. The number of companies providing for an expansion of their workforce in their business development plans increased in all sectors of the economy. In Cologne, the average annual unemployment rate fell by 0.5 percentage points to 10.1%. In the City of Bonn, the annual average unemployment rate fell by 0.6 points to 7.0%. Trends in the Lending Business in 2010 Now, over three years after the outbreak of the crisis on the financial markets, the situation on the German lending market has improved considerably. Nevertheless, the impact of the crisis had still not been fully overcome in 2010. The German financial system is strongly influenced by the risks in the international environment. In addition to the risks arising from a long period of low-interest rates, the sovereign debt crisis in the peripheral countries of the euro zone posed potential challenges for the financial markets. In spite of the risks, the German lending sector developed better than initially expected on account of the pleasing development of the real economy. The results returned by most lending institutes improved. Healthy commission income and an improvement in measurement gains from a lower level of risk provisioning in the lending business for 2010 than originally expected were the main factors here. The utilisation of the steep interest curves and the related potential for transforming maturities improved net interest income at a number of banks and savings banks, not least among numerous small and medium-sized institutes. Stable earnings and improvements in the capital base generally led to an improvement in the ability of most institutes to bear risks. The German lending sector is still dominated by intense competition. Demand for credit in the corporate lending business developed pleasingly in light of the growing economy. This has put margins under pressure. There were no signs of a credit squeeze in 2010, particularly with regard to mediumsized enterprises, the traditional customers of the savings banks and credit cooperatives. The keen competition seen in the deposit business continued, which led to cross-sanctioned conditions in some cases. In this regard, new regulatory requirements from Basel III have already resulted in many lending institutes making moves to anchor their funding more strongly in the private customer market. 4 Group Management Report Future Capital Adequacy and Liquidity Requirements (Basel III) On 16 December 2010 the Basel Committee on Banking Supervision pronounced the final framework for future capital adequacy and liquidity requirements (Basel III). The new regulations in response to the crisis of the financial markets are intended to strengthen the banking sector and make it less exposed to crises. The planned application of the new requirements to all lending institutes from 2013 is conditional upon the accord being transported into European law. The new accord sets tighter minimum capital requirements and quality standards concerning equity components, binding liquidity standards and successive accretion of capital buffers. A new, non-risk-based leverage ratio is intended to counteract excessive leverage and over-stretching the resources of the Bank due to an expansion of business activity. The new capital requirement will come into force successively from 1 January 2013 to 1 January 2019. At the end of the transitional phase, lending institutes must display a core capital ratio of at least 8.5% and a total capital ratio of at least 10.5%. The new liquidity standards should be applied from 1 January 2015 or 1 January 2018 in some cases. The leverage ratio will become binding from 1 January 2018. Sparkasse KölnBonn simulated its capital position on the basis of its mid-term planning and taking account of the new Basel III requirements. Moreover, it participated in the quantitative impact study of the Basel Committee (QIS 6) in 2010. The Sparkasse KölnBonn Financial Group believes that the measures already initiated to reduce risks, reinforce the capital of the Bank and improve the quality of the capital will ensure that the coming capital adequacy requirements will be met in future. General Business Development of the Group Sparkasse KölnBonn is a capital market-oriented company as defined by § 327a HGB and is therefore exempted from the requirement to submit a responsibility statement (Bilanzeid) as well as from the duty to publish its consolidated accounts within the shorter period of four months after the end of the fiscal year. The Board of Management has made this declaration voluntarily. Due to the fact that §37z WpHG (Wertpapierhandelsgesetz: Securities Trading Act) frees the company from the obligations under §37v through to §37y, the provisions on annual and interim financial reporting do not apply. The following comments relate to the development of Sparkasse KölnBonn in fiscal year 2010. The transition of Group accounting to IFRS was conducted in the period beginning 1 January 2006. The indicators given are based on the figures in the consolidated statement of financial position and the consolidated income statement for the fiscal year: Business development 31.12.2006 31.12.2007 31.12.2008 31.12.2009 31.12.2010 EUR million EUR million EUR million EUR million EUR million EUR million in percent Consolidated total assets 30,029 31,600 30,877 30,632 29,805 -827 -2.7 Lending volume less risk provisioning 19,371 20,288 21,311 20,831 20,319 -512 -2.5 Customer deposits 19,970 20,823 21,376 21,011 20,749 -262 -1.2 8,410 8,822 7,817 8,819 8,960 141 1.6 Safe Custody Accounts Change Corresponding with the restructuring plan submitted to the EU Commission (see “Significant Events in the Fiscal Year”), the business strategy of Sparkasse KölnBonn, which is the major entity within the Sparkasse KölnBonn Financial Group, was characterized by a reduction in large lending exposures and scaling back the investment book, thereby reducing the need for funding in 2010. As a result, the consolidated total assets dropped by 2.7% to EUR 29,805 million. 5 Group Management Report Details of Individual Business Developments in 2010 Lending Business Lending volume less risk provisioning Claims on customers less risk provisions Total 31.12.2006 EUR million 31.12.2007 EUR million 31.12.2008 EUR million 31.12.2009 EUR million 31.12.2010 EUR million 19,966 20,672 21,650 21,213 20,695 -595 -384 -339 -382 -376 19,371 20,288 21,311 20,831 20,319 Lending volume after deducting risk provisions (Statement of Financial Position item 3 less Statement of Financial Position item 4) fell by 2.5% to EUR 20,319 million (see the table on business development). The volume of public sector loans and larger corporate customer exposures fell significantly, although development loans rose in comparison to the prior year. Risk provisioning, which consists primarily of specific and portfolio-based valuation allowances, remained slightly below the level of the prior year at EUR 376.0 million. Lending volumes less risk provisioning broken down by customer segment 31.12.2006 EUR million 31.12.2007 EUR million 31.12.2008 EUR million 31.12.2009 EUR million 31.12.2010 EUR million 11,502 12,484 12,952 13,142 12,861 Private customers 6,580 6,537 6,495 6,406 6,394 Other 1,289 1,267 1,864 1,283 1,064 Total 19,371 20,288 21,311 20,831 20,319 Companies and the selfemployed In total, EUR 12,861 million in loans and advances has been extended to corporate customers and the self-employed. Lending to private customers comes to EUR 6,394 million and loans to other customers (e.g. insurers, churches, associations) to EUR 1,064 million. Sparkasse KölnBonn approved new loans of EUR 3,462 million, compared to EUR 3,015 million in the prior year. Assets Held for Trading Assets held for trading (Statement of Financial Position item 6) fell by 38.0% to EUR 1,320 million. This reduction is attributable to the strategic realignment of Sparkasse KölnBonn. The Bank changed its trading strategy in 2010 and limited its own-trading activities to the sales-oriented business on behalf of its customers. Investment Book The investment book of Sparkasse KölnBonn Financial Group was scaled back further over the fiscal year. Measures included liquidating the entire strategic assets allocation (SAA, diversified portfolio structured as investment funds) by selling off the related securities. This move was part of the strategic alignment of Sparkasse KölnBonn to distance itself in the short to mid-term from business that does not fit the risk profile of a marketing-oriented savings bank. The strategic alignment of the Bank is also a subject of the restructuring plan of Sparkasse KölnBonn submitted to the European Union. The total balance of the investment book of Sparkasse KölnBonn Financial Group of EUR 3,418.2 million, carrying amount including accrued interest, breaks down into other securities (generally government bonds, bank bonds and corporate bonds of EUR 2,891.0 million) and asset-backed securities (ABS, EUR 527.2 million). The balance of the trading book of Sparkasse KölnBonn Financial Group comes to EUR 11.0 million. Other securities, which constitute by far the largest sub-portfolio, constitute the foundation on which Sparkasse KölnBonn Financial Group secures its refinancing. 6 Group Management Report ABS are structured investments in international counterparties. When purchased, the portfolio served to diversify the regional lending business. The portfolio is internationally diversified with 73% of the volume based in Germany and the rest of Europe. The share of receivables originating from the USA comes to 15%. The market for structured securities has shown very little trading in the past years, making it difficult to assess market prices owing to the lack of active trading. Sparkasse KölnBonn already recorded substantial fair value adjustments on the current portfolio as well as losses upon disposal. The Sparkasse KölnBonn Financial Group received normal collections for a large majority of the ABS portfolio. Overall, repayments of EUR 101.2 million were received in the year 2010. In addition, the Sparkasse KölnBonn Financial Group was able to sell a portion of the portfolio, the majority of which comprised collateralized debt obligations (CDOs), with a total volume of approximately EUR 127.2 million. Due to the slight improvement in the market environment, the sale could be realized at higher average prices than the values carried on 31 December 2009. As of closing date 31 December 2010, the ABS portfolio of Sparkasse KölnBonn was scaled back to a sum of 111 individual securities with an aggregate nominal value of EUR 667.5 million. Outside of its ABS portfolio, Sparkasse KölnBonn Financial Group carries investments of a total of EUR 346.1 million (carrying amount including interest accrued) in the euro zone countries of Portugal, Italy, Ireland, Greece and Spain. This carrying amount includes government bonds issued by these countries of EUR 124.7 million. Of this amount, EUR 196.4 million relate to the financial sector and EUR 25.0 million relate to the corporate sector. Bonds issued by Eurozone governments are recognised at fair value under Financial assets, sub-item Bonds and other interest-bearing securities (AFV designated) in the consolidated financial statements. In spite of the recovery on the capital markets, trade in hybrid financial investments only picked up moderately. To a large extent, prices on the market were merely indicative. Valuation techniques therefore still have to be used in measuring items in the annual financial statements. More information on this can be found in Note [11]. As at the reporting date, 31 December 2010, the investment book and the trading book break down as follows: Breakdown of the investment book and the trading book Bonds and other interest-bearing securities Shares and variable-yield securities Total 31.12.2006 EUR million 31.12.2007 EUR million 31.12.2008 EUR million 31.12.2009 EUR million 31.12.2010 EUR million 5,618 5,381 4,231 4,073 3,378 393 367 47 45 51 6,011 5,748 4,278 4,118 3,429 “Bonds and other interest-bearing securities” (components of Statement of Financial Position item 6, “Assets held for trading”, and Statement of Financial Position item 8, “Financial assets”) fell by 17.1% to EUR 3,378 million and shares and other variable-yield securities (components of Statement of Financial Position item 6, “Assets held for trading”, and Statement of Financial Position item 8, “Financial assets”) increased by 13.3% to EUR 51.0 million. In total, the investment book fell by 16.7% to EUR 3,429 million. Shareholdings Shareholdings Non-current assets held for sale Financial assets, of which investments and shares in affiliated companies classified as available for sale Investments in associates Total 31.12.2006 EUR million 31.12.2007 EUR million 31.12.2008 EUR millio n 31.12.2009 EUR million 31.12.2010 EUR million - 1 - - 245 598 732 704 647 401 62 64 33 25 26 660 797 737 672 672 7 Group Management Report The Group’s shareholdings of EUR 672 million, which are presented under “Non-current assets available for sale” (Statement of Financial Position item 7), “Financial assets" (Statement of Financial Position item 8) under the category “Assets available for sale” (AFS) and “Investments in associates” (Statement of Financial Position item 9), remained unchanged in comparison to the prior year. In connection with the audit by the EU Commission (see "Significant Events in the Fiscal Year“), there is an intent to dispose of the subsidiaries which do not form part of the Sparkasse KölnBonn’s core business. Pursuant to IFRS 5, these shareholdings as well as shares in affiliated companies available for sale (AFS) were reclassified from Financial assets (Statement of Financial Position item 8) into Non-current assets available for sale (Statement of Financial Position item 7). Property Holdings Property holdings 31.12.2006 EUR million 31.12.2007 EUR million 31.12.2008 EUR million 31.12.2009 EUR million 31.12.2010 EUR million Property, plant and equipment (2009: Property, plant and equipment / Noncurrent assets held for sale) 218 219 97 131 84 Investment property / Non-current assets held for sale 275 252 250 515 484 Total 493 471 347 646 568 The property holdings of the Group presented under “Non-current assets held for sale” (Statement of Financial Position item 7), “Property, plant and equipment” (Statement of Financial Position item 10) and “Investment property” (Statement of Financial Position item 11) fell by 12.1% to EUR 568 million. This includes properties held for own use and commercial properties that are rented out. The reduction in property, plant and equipment is primarily due to a significant reduction in rents that became fully effective on 1 January 2010 for the studio buildings in Hürth and Ossendorf to which MAGIC MEDIA COMPANY TV-Produktionsgesellschaft mbH (MMC) has economic title under a finance lease. Due to the fact that the revaluation of the leases required in this regard did not lead to any other assessment, the fall in the liability was posted directly against the carrying amount of property, plant and equipment without affecting profit and loss. The fall in investment properties on the prior year results primarily from impairment losses recorded at two subsidiaries and at Sparkasse KölnBonn. Deposit Business Customer deposits 31.12.2006 EUR million 31.12.2007 EUR million 31.12.2008 EUR million 31.12.2009 EUR million 31.12.2010 EUR million 15,920 15,746 16,702 17,614 17,954 Securitised liabilities 3,258 4,139 3,525 2,243 1,684 Subordinated capital 792 938 1,149 1,154 1,111 19,970 20,823 21,376 21,011 20,749 Liabilities to customers Total The portfolio of customer deposits (Statement of Financial Position item 2 as well as items 4 and 9) decreased by 1.2% to EUR 20,749 million as a result of the strategic decision to scale back assets with an associated fall in refinancing requirements (see the table on business development). There was a rise of 1.9% in liabilities to customers to EUR 17,954 million. As in the prior year, many customers put greater trust over the course of the year in Sparkasse KölnBonn to hold their deposits safe. Securitised liabilities were scaled back by 24.9% to EUR 1,684 million as they matured. This includes the refinancing of Sparkasse KölnBonn by issuing Pfandbriefs (German covered bonds) and bearer bonds. Subordinated capital fell by 3.7% to EUR 1,111 million. 8 Group Management Report Safe Custody Accounts Business with securities and asset management products off the face of the statement of financial position developed pleasingly in 2010. The portfolio volume rose by 1.6% on the prior year to EUR 8,960 million. The portfolio of shares rose in the past year by 11.4% to EUR 1,702 million with the rise reflecting the favourable development of share prices on the stock exchanges. By contrast, the portfolio of certificates decreased by 8.0% to EUR 253 million. Fixed-interest securities and investment funds were in less demand than in the prior year and decreased by 0.4% to EUR 4,514 million and 4.7% to EUR 1,328 million respectively. Asset management products grew 6.5% in the past fiscal year to EUR 1,163 million. Development of off-statement-of financial-position securities and asset management products 31.12.2007 EUR million 31.12.2008 EUR million 2,036 1,986 1,258 1,528 1,702 336 444 314 275 253 Fixed-interest securities 3,230 3,608 3,904 4,530 4,514 Investment funds 1,559 1,475 1,313 1,394 1,328 Shares Certificates 31.12.2006 EUR million 31.12.2009 EUR million 31.12.2010 EUR million Asset management products 1,249 1,309 1,028 1,092 1,163 Total 8,410 8,822 7,817 8,819 8,960 31.12.2006 31.12.2007 31.12.2008 31.12.2009 31.12.2010 Full-time employees 3,565 3,655 3,559 3,257 3,117 Part-time employees and casual workers 1,532 1,536 1,560 1,462 1,447 Human Capital Average number of employees Trainees Total Annual average share of part-time workers in percent 325 303 259 229 217 5,422 5,494 5,378 4,948 4,781 30.1 29.6 30.5 31.0 31.7 As an annual average, the Sparkasse KölnBonn Financial Group employed a total of 4,781 employees (see Note [93]), of which 3,117 were full-time employees, 1,447 part-time workers and 217 trainees. A number of phased retirement schemes were entered into in the fiscal years 2006 to 2009 at the desire of the employees of Sparkasse KölnBonn and these will take effect successively over the coming years. Moreover, Sparkasse KölnBonn made use of normal employee fluctuation to reduce its workforce. Positions becoming free were generally filled with existing staff. Considering the constant development of the financial business and technical innovations, a focus of HR work was placed on the development and constant training of the Group’s workforce. To ensure that working hours became more flexible and therefore more economic the staff were given the opportunity to use flexitime and a range of part-time models. The ratio of part-time workers in the overall headcount came to 31.7 % as of 31 December 2010, compared to 31.0% in the prior year. 9 Group Management Report Significant Events in the Fiscal Year Audit by the EU Commission On 4 November 2009 the EU Commission opened audit proceedings against Sparkasse KölnBonn. The main issue at stake was a silent participation of EUR 350 million by the public body responsible for the Sparkasse, Zweckverband Sparkasse KölnBonn, as well as the subscription of profit participation certificates of EUR 300 million by Rheinische Sparkassen Förderungsgesellschaft mbH in favour of Sparkasse KölnBonn. In the case of Sparkasse KölnBonn, the work of the Commission concentrated on whether the market for such instruments had dried up at the end of 2008 and the beginning of 2009 and that no private investor was available to provide the capital despite the market interest rates and conditions attached to the equity instruments. In the opinion of the Sparkasse, the capital contributions were registered as non-state aid. In the course of the audit, Sparkasse KölnBonn provided a comprehensive restructuring plan to the Commission. The plan includes an alignment of the Sparkasse to the statutory business model of a marketing-oriented savings bank (Vertriebssparkasse) with a regional focus. Sparkasse KölnBonn will concentrate on the typical services for its traditional customer segment, i.e. private customers and small and medium-sized enterprises, withdraw from business activities such as own-account trading and investments in hybrid products and divest those subsidiaries that do not serve its core business. In addition, Sparkasse KölnBonn plans to continue cutting its workforce by not recruiting any new staff. It will reduce its administrative expenses significantly. The EU Commission concluded its audit with a decision issued on 29 September 2010. In this decision, the Commission stated that the recapitalization measures in favour of Sparkasse KölnBonn constituted state aid as defined by Article 107 (1) of the Treaty on the Functioning of the European Union. However, the Commission came to the conclusion that the restructuring plan submitted by Sparkasse KölnBonn meets the criteria of the restructuring notice, i.e. the notice of the Commission dated 23 July 2009 on restoring long-term profitability and the evaluation of restructuring measures in the financial sector. It is in agreement with Article 107 (3) b of the Treaty on the Functioning of the European Union and revokes the reservations of the Commission concerning the distortion of competition expressed in the notice opening the audit proceedings. Taking account of other treaties, in particular those taken to avoid competitive distortions of the internal market, the Commission comes to the final assessment that the aid received is compatible with the internal market. It finds that the capital injections could be approved on condition that the restructuring plan is implemented and the agreements made are kept to. EU Investigation into Trade Fair Building Transactions By letter dated 15 May 2007, the European Commission opened an investigation into the sale of the Rheinhallen trade fair buildings held by KölnMesse GmbH and the construction of the new Cologne trade fair buildings (northern halls), demanding information from the Federal Republic of Germany. This request was passed on to the City of Cologne. On 23 July 2007 the German government forwarded a notice to the Commission in response to their questionnaire. In correspondence dated 1 September 2010 the Commission addressed further questions to the German government. In this regard Sparkasse KölnBonn was requested by the City of Cologne, which was duty-bound to provide the information, to respond to the individually listed questions concerning the Sparkasse. The draft of a response with associated attachments was communicated by the City of Cologne on 29 November 2010 to the Federal Ministry of Economics and Technology for forwarding to the Commission. Sparkasse KölnBonn has examined the possible relevant state aid-related risks with regard to the trade fair building transactions (Rheinhallen / Rheinpark / Nordhallen) in detail. This examination came to the conclusion that even in the event that the Commission or the European Court of Justice or a national court ruled there has been an infringement of the European law governing state aid, the risk of negative consequences for Sparkasse KölnBonn is low. 10 Group Management Report Westdeutsche Landesbank AG (WestLB AG) In a binding record dated 24 November 2009, the shareholders of Westdeutsche Landesbank AG (WestLB AG), including the Rhineland Savings Banks Association RSGV (Rheinischer Sparkassen- und Giroverband), Düsseldorf, which holds a stake of 25%, agreed with the Federal Agency for the Stabilisation of the Financial Markets FMSA (Bundesanstalt für Finanzmarktstabilisierung) to conduct further measures to stabilise WestLB AG. On this basis the contracts to set up a liquidation company (EAA, Erste Abwicklungsanstalt) were concluded on 11 December 2009 in accordance with § 8a of the Act on the Special Fund to Stabilise the Financial Markets (Finanzmarktstabilisierungsfondsgesetz). RSGV is obliged, up to a limit of EUR 2.25 billion and in proportion to its share in ownership, to absorb any actual cash losses of EAA that cannot be settled by the capital of the liquidation company of EUR 3 billion provided at the time of incorporation and potential liquidation income. As a member of RSGV, Sparkasse KölnBonn is indirectly obliged to absorb its share of this obligation (19.9%). On the basis of the latest findings, no provision needs to be recognised for this obligation in the annual financial statements for 2010 (see the annual financial statements of Sparkasse KölnBonn, the notes to the Bank’s balance sheet, the disclosures there under “Other financial commitments”). However, there is a risk that Sparkasse KölnBonn could be called on to meet its share of an indirect obligation via RSGV over the duration of the EAA’s liquidation. To cover this risk, Sparkasse KölnBonn intends to establish a provision for a period of 25 years from the profits of the respective fiscal year on a percentage basis (“accumulation of savings”). After ten years, the EAA’s past and current economic development will be assessed followed by a review of the required accumulated savings. Sparkasse KölnBonn did not make any provision in fiscal year 2010 due to the prior duty of replenishing profit participation capital. The failure to make any provision in 2009 and 2010 will be remedied in future by making a higher provision at the next possible date. In a letter dated 24 November 2010, the EU Commission found that the transfer of assets from WestLB AG to EAA in 2009 qualified as state-aid. For this reason, the Commission demanded that the Federal Republic of Germany submit an “extended restructuring plan” for WestLB AG by 15 February 2011 at the latest. This restructuring plan, which was prepared by the Board of Directors of WestLB AG and ratified by the Supervisory Board of WestLB was submitted to the EU Commission on 15 February 2011 within the deadline. At the same time, the Commission received a status report from the receiver on the sales process of WestLB AG and initial ideas on a concept for a two-tier core bank (“Verbundbank”) concept. The latter concept should then be pursued if the restructuring plan of the management board of WestLB AG is rejected by the EU Commission and the sales process does not come to a positive conclusion. After reviewing the documents submitted on 15 February 2011 the EU Commission signalled that it considered the “Verbundbank” concept to be sustainable. The Federal Republic of Germany was given a deadline until 30 June 2011, to submit a detailed version of the concept. As of 30 June 2011, a complete restructuring plan for WestLB was submitted to the EU Commission that had been prepared jointly by the Federal Republic of Germany, the State of North Rhine Westphalia, FMSA, the Westphalian-Lippe Savings Banks Association (Sparkassenverband WestfalenLippe), RSGV, the Westphalian-Lippe Regional Association (Landschaftsverband Westfalen-Lippe) and the Rhineland Regional Association (Landschaftsverband Rheinland). This comprehensive solution, which is fixed in a letter of intent by all parties concerned and supported by the German Savings Banks Association (Deutscher Sparkassen- und Giroverband), provides for the foundation of the core bank (“Verbundbank”), as presented to the EU Commission on 15 February 2011, with the remaining parts of WestLB AG rendering services to the core bank and EAA in the form of a service and portfolio management bank (WestLB AG / SPM-Bank). The North Rhine Westphalian savings banks and the members of the Sparkasse Financial Group will be responsible for the core bank. The core bank will commence with capital of EUR 1 billion, which will be contributed by the savings banks associations of North Rhine Westphalia and the Sparkasse Financial Group. It will service the business of the savings banks associations, including corporate banking for medium-sized business, employing total assets of between EUR 40 and 45 billion (assets-at-risk of approximately EUR 8.3 billion) and roughly 400 employees. The sole owner of WestLB AG / SPM-Bank will be the State of North Rhine Westphalia, which will exempt the savings banks associations from their liability for later losses under the UmwG (Umwandlungsgesetz – Law of Reorganizations) and their liability as guarantor of the pension obligations of WestLB / SPM-Bank. The remaining operations of SPM-Bank / WestLB AG will be sold or transferred to EAA by no later than 30 June 2012 (“later contribution”). 11 Group Management Report With regard to their liability for the assets of WestLB AG / SPM-Bank, which were transferred to EAA, the existing obligations of the savings banks associations remain unaffected by a later contribution to EAA. In order to reinforce the liable capital of EAA, the special fund to stabilise the financial markets will meet an obligation of EUR 1 billion to compensate losses by transferring the fair value of the silent participation in WestLB AG / SPM-Bank to EAA. The EU Commission has signalled its approval of the proposed solution. The core bank concept that was brought into consideration is currently being reviewed. On the basis of the arrangements described above, no further financial burdens are currently expected to be placed on Sparkasse KölnBonn from obligations associated with the restructuring of WestLB AG. Consulting Agreements The results of the investigations conducted in 2008 and 2009 show that Sparkasse KölnBonn entered into consulting agreements in isolated cases and made payments that, on the basis of the current examination, were not fully documented in terms of their business purpose or services rendered. This examination is still continuing. In those cases where Sparkasse KölnBonn is of the opinion that it did not receive any corresponding services, it will claim back the payments made. In December 2009, Sparkasse KölnBonn filed a suit against one party with the Cologne Regional Court. This case was settled out-of-court in the middle of July 2010 on the basis of a proposal made by the court. In November 2010, Sparkasse KölnBonn filed a suit with the Cologne Regional Court against another party. In these proceedings, the court of the first instance dismissed the suit in July 2011. Sparkasse KölnBonn then filed an appeal against this decision on time in September 2011. In a number of other cases the Cologne State Prosecutor is investigating. 2. Results of Operations The results of Sparkasse KölnBonn Financial Group improved in 2010. The Group’s business developed pleasingly over the course of the year. 2010 was characterised by stable consumer business. Personnel and non-personnel expenses were reduced once again. Risk provisioning for the lending business was significantly below the level of the prior year. Thanks to the recovery of the capital markets in 2010, Sparkasse KölnBonn Financial Group profited from the positive results of measuring derivatives and securities at fair value. In contrast to the prior year, the consolidated income statement of the Sparkasse KölnBonn Financial Group for the year 2010 reports a significantly improved consolidated net profit before tax (see the summarised version below) of EUR 57.7 million (prior year: EUR 21.7 million). The consolidated net profit amounts to EUR 76.0 million (prior year: EUR 43.0 million). The consolidated profit carried forward amounts to EUR 28.8 million compared to a profit of EUR 79.3 million in the prior year. This result was negatively influenced by partly replenishing the hybrid financial instruments of Sparkasse KölnBonn (EUR 47.2 million, partly replenishing the equity component of hybrid capital, disclosed under Statement of Financial Position item 12.e). 12 Group Management Report Earnings development 31.12.2008 31.12.2009 31.12.2010 Change Change EUR million EUR million EUR million EUR million in percent 425.6 384.9 370.9 - 14.0 - 3.6 70.3 123.9 90.7 - 33.2 - 26.8 Net interest income after risk provisions 355.3 261.0 280.2 19.2 7.4 + Net commission income 149.6 149.4 162.5 13.1 8.8 - 528.8 71.5 72.6 1.1 1.5 + Investment income - 64.5 - 0.5 2.5 3.0 > 100.0 + Result from associates recognised at equity - 23.6 - 5.0 1.5 6.5 > 100.0 ./. Personnel expenses 279.7 264.8 259.3 - 5.5 - 2.1 ./. Non-personnel expenses 333.3 222.3 214.5 - 7.8 - 3.5 + / ./. Net other operating income (+) / expenses (-) - 47.5 32.4 12.2 - 20.2 - 62.3 - 772.5 21.7 57.7 36.0 > 100.0 Net interest income prior to risk provisions ./. - Risk provisions for lending business + Financial instruments measured at fair value through profit or loss = Net profit / loss for the year prior to tax ./. Income taxes 74.4 21.3 18.3 - 3.0 - 14.1 ./. Share of profit or loss attributable to minority interests 0.1 0.0 0.0 0.0 --- = Net profit / loss for the year after tax - 698.2 43.0 76.0 33.0 76.7 + Withdrawals from hybrid financial instruments (equity components) + 40.6 + 16.8 0.0 - 16.8 - 100.0 ./. Replenishment of hybrid financial instruments (equity components) --- --- - 47.2 - 47.2 --- + Withdrawals from silent participations 0.0 + 19.5 0.0 - 19.5 - 100.0 + Withdrawals from the fund for general banking risks + 30.0 0.0 0.0 0.0 --- - 627.6 79.3 28.8 - 50.5 - 63.7 Consolidated profit or loss carried forward Development of Earnings in 2010 in Detail The presentation of the consolidated net profit before income taxes broken down into the segments of Individual customers, Private customers, Corporate customers, Location development/restructuring, Equity investments and Corporate Center, can be found under Notes [45] to [47]. Net interest income prior to risk provisions (Income Statement item 1 less Income Statement item 2) dropped by 3.6% to EUR 370.9 million. Unwinding of the debt capital components of the hybrid financial instruments led to interest expenses of EUR 10.2 million. As in the prior year, net interest income includes expenses of EUR 13.9 million for the interest payable to the holders of profit participation certificates issued by Sparkasse KölnBonn (see Note [70]) that must be recognised as liabilities under IFRS. Customer business of Sparkasse KölnBonn, deposit business in particular, was affected by the low interest rates in 2010. In the lending business, the fierce competition continued to put margins under pressure. Sparkasse KölnBonn remained very cautious in transforming maturities to exploit interest rate differentials between short-term floating rate deposits and long-term fixed-interest deposits in view of the regulatory requirements and the increasing uncertainty regarding the future development of interest rates. Sparkasse KölnBonn continued to scale back its high-risk investments in the securities business in 2010. This reduced potential interest income. 13 Group Management Report On the basis of the average risk positions subject to mandatory cover by own funds under financial supervisory regulations, the interest margin comes to 1.9% (as in the prior year). Net interest income accounted for 46.2% of total revenues of EUR 803.4 million (see Income Statement items 1, 2, 4, 5, 6 and 10) compared to 42.4% in the prior year. The fall of 3.8 percentage points in the relative share of net interest income can be attributed to the fall in total revenue. Interest-bearing business remains the most important source of revenue for Sparkasse KölnBonn. The risk provisions required under IFRS to cover claims in the lending business fell significantly by 26.8% in comparison to the prior year to EUR 90.7 million. The fears that the strongest recession in the history of the Federal Republic of Germany would lead to a credit squeeze in 2010 proved to be unfounded, with the risk provisioning for the lending business falling slightly as a result. This is first and foremost due to the slight rise of EUR 87.3 million (prior year: EUR 107.6 million) in net additions to specific valuation allowances (impairment losses) in the lending business, both on and off the face of the statement of financial position. In addition, net additions to portfolio-based allowances (PBA) of Sparkasse KölnBonn for lending exposures for which no impairment was identified on the reporting date were reduced by EUR 4.3 million (see Note [35]). Direct write-downs decreased year-on-year by EUR 0.3 million to EUR 16.8 million in real terms. Collections of debts previously written off as bad fell short of the prior-year level by EUR 4.5 million in real terms. A provision for country risks was only recognised to a small extent (see Note [35]). Adequate provision was made for the credit risks which are spread over various customer segments and industries. In spite of the fall in net interest income, net interest income after risk provisions (Income Statement item 1 less Income Statement 2 plus Income Statement item 3) rose by 7.4% to EUR 280.2 million due to the significantly lower risk provisions for the lending business as at the reporting date as required under IFRS. Net interest income after risk provisions accounted for 34.9% of total revenues of EUR 803.4 million (see Income Statement items 1, 2, 4, 5, 6 and 10) compared to 28.8% in the prior year. The contribution of commission business to earnings (Income Statement item 4 less Income Statement item 5) rose significantly by 8.8% to EUR 162.5 million. There was once again a substantial increase in the number of current accounts in 2010 with an associated rise in commission on monetary transactions, which contributed to the rise in commission income at Sparkasse KölnBonn. Commission income for insurance services and commission paid on off-statement-of-financial-position securities also rose. In total, the ratio of total commission income to total assets on reporting date comes to 0.5%. The share of commission income in total revenues of EUR 803.4 million (see Income Statement items 1, 2, 4, 5, 6 and 10) came to 20.2% compared to 16.5% in the prior year (see Income Statement items 1, 2, 4, 5, 6 and 10). The “Gain or loss on financial instruments measured at fair value through profit or loss” (Income Statement item 6), which is reflected in the sub-items “Result of transactions designated as at fair value” and the “Trading result” (see Note [37]), comes to EUR 72.6 million, which is a slight improvement by 1.5%. The “Result of transactions designated as at fair value” comes to a profit of EUR 21.5 million, compared to EUR 117.4 million in the prior year. The result in the prior year was dominated by effects associated with the recovery of the financial markets from the crisis. Consequently, it was not possible to repeat the jump in earnings in 2010. However, the situation on the capital markets has led to the market values of the own investments of Sparkasse KölnBonn stabilising at positive values. The trading result, which primarily reflects the result from trading in securities, derivatives, and foreign currencies amounted to a gain of EUR 51.1 million compared to a loss of EUR 45.9 million in the prior year. The significant improvement in the measurement of trading items is primarily due to the gain on derivatives on account of their great influence on the trading result. This item consists mostly of the changes in the fair value of hedging derivatives (EUR 10.1 million). The result reports the value of transactions designated as at fair value less the change in the fair value of the designated financial instruments due to changes in interest rates. Net interest arising from designated financial instruments and derivatives used as hedging instruments is reported under interest income or interest expenses respectively. 14 Group Management Report Investment income (Income Statement item 7), which includes the gain or loss from disposal of financial assets plus the effects of measuring financial assets available for sale (AFS) at fair value through profit or loss, comes to a profit of EUR 2.5 million compared to a loss of EUR 0.5 million in the prior year. Income of EUR 3.7 million was realised upon the disposal of equity investments in SKB Kapitalbeteiligungsgesellschaft KölnBonn mbH. The “Result of associates recognised at equity” (Income Statement item 8) improved EUR 6.5 million in real terms to a profit of EUR 1.5 million (prior year: loss of EUR 5.0 million) due to the positive share in the net result of an associate attributable to the Group. More specifically, this resulted from the measurement of the associate, CORPUS SIREO Holding GmbH & Co. KG (Corpus), using the equity method. General administrative expenses (Income Statement item 9) decreased by 2.7% (EUR 13.3 million in real terms) to a total of EUR 473.8 million. The ratio of general administrative expenses to total assets of 1.6% remained unchanged at the same level as that of the prior year. The personnel expenses included in this item, including social security, pensions and other benefit costs, fell by 2.1% to EUR 259.3 million. The fall in personnel expenses is mainly due to the result of employee churn in fiscal year 2010 (see the section on Human Capital under 1., Business Development and Economic Environment). Moreover, general administrative expenses (Income Statement item 9) include non-personnel expenses. They consist of rental expenses, rent incidentals, IT expenses, other non-personnel expenses as well as depreciation of property, plant and equipment and amortisation of intangible assets. In total, these items fell by 3.5% to EUR 214.5 million in the reporting year. Among other factors, savings were made on rent, IT and the costs of settling technical bank services. The net balance of other operating income and other operating expenses (Income Statement item 10 less Income Statement item 11) amounted to net income of EUR 12.2 million in the fiscal year (prior year: EUR 32.4 million). In sum, income (see Income Statement items 1, 2, 4, 5, 6 and 10) dropped by 11.5% to EUR 803.4 million compared to EUR 907.3 million in the prior year. Total expenses (see Income Statement items 9, 11 and 13) fell by 12.8% to EUR 640.8 million (prior year: EUR 735.0 million). Within the Sparkasse KölnBonn Financial Group, income and expenses are significantly influenced by activities that are not typical of banking business (Income Statement items 10 and 11) which are pursued by the consolidated subsidiaries involved in commercial real estate operations. In spite of the negative income trend and owing to the reduction of total expenses, the cost-income ratio could be improved to 75.2 compared to 76.9 in the prior year. Increasing income and simultaneously pursuing strict cost management are primary goals of the corporate policy of the Sparkasse KölnBonn Financial Group. Overall, the consolidated net profit before tax for the year 2010 comes to EUR 57.7 million (prior year: EUR 21.7 million). The net tax position of the Group comes to EUR 18.3 million (prior year: EUR 21.3 million). In sum, the net profit for the Group amounts to EUR 76.0 million compared to EUR 43.0 million in the prior year. Due to the fact that the equity components of hybrid financial instruments at Sparkasse KölnBonn were replenished by an amount of EUR 47.2 million on the equity component pursuant to IFRS, the Group recorded an appropriation of income of an equal amount. As a result the consolidated profit carried forward amounts to EUR 28.8 million compared to EUR 79.3 million in the prior year. After the consolidated financial statements are ratified, the profit carried forward of the Group will be added to the revenue reserves. At the time this Group Management Report was prepared, the financial position, net assets and results of operations correspond to the forecast Sparkasse KölnBonn has made. 15 Group Management Report 3. Financial Position The solvency of Sparkasse KölnBonn and the Sparkasse KölnBonn Financial Group was ensured at all times in the fiscal year on the basis of planned and balanced cash management. The cash position of the subsidiaries is managed and secured by Sparkasse KölnBonn. The credit lines granted by WestLB were drawn on as needed. The offer from the ECB to enter into refinancing transactions in the form of open market transactions was availed of to differing extents (see the section on Liquidity Risks in the Risk Report). The required deposits were maintained at Deutsche Bundesbank, Cologne branch, in order to meet the minimum reserve requirements. 4. Net Assets The Sparkasse KölnBonn Financial Group reports a consolidated profit carried forward of EUR 28.8 million in fiscal year 2010. Once the consolidated financial statements have been ratified, this profit will be added to the revenue reserves. The silent participations (Statement of Financial Position item 12.a), the revenue reserves (Statement of Financial Position item 12.b) and hybrid financial instruments (Statement of Financial Position item 12.e) amount to a combined total of EUR 881.4 million (prior year: EUR 751.0 million). Zweckverband Sparkasse KölnBonn provided a silent participation of EUR 350.0 million in the first six months of 2009 to reinforce the capital base of the Bank. This amount was reduced to a repayment of EUR 330.5 million on account of the silent participation’s share in the loss made in fiscal year 2009. The revaluation reserve (Statement of Financial Position 12.d) rose by a total of EUR 14.1 million. The increase is chiefly due to the positive effect of revaluing investments and securities at fair value and the increase in deferred tax assets (posted directly to equity) as of the reporting date. Total group equity (Statement of Financial Position item 12) comes to EUR 990.6 million, compared to EUR 896.8 million in the prior year. Development of Group Equity under IFRS EUR 600 million 500 1000 1,064.6 … 400 330.5 330.5 … 300 881.4 751.0 200 100 100 50 53.5 420.5 0.1 66.3 0.1 550.9 80.4 79.4 0.0 28.8 00 -100 -627.6 -600 -200 -300 490.6 31.12.2008 1 Profit/loss 2 carried 3 forward 4 Rücklage für allgemeine Bankrisiken Fig: 990.6 896.8 -400 31.12.2010 31.12.2009 5 6 Minority 7 interests 8 9 10 Revenue reserves and hybrid financial instruments 11 12 13reserve 14 Revaluation Silent participations Development of equity of the Sparkasse KölnBonn Financial Group under IFRS. 16 Group Management Report The Sparkasse KölnBonn group of institutions has sufficient liable capital pursuant to the regulatory requirements defined in the German Banking Act of a total of EUR 2,097.5 million (prior year: EUR 2,274.6 million), which provides the foundation for developing its risk-bearing business in future. In addition to the revenue reserves, which are a portion of the core capital, this includes supplementary capital in the form of profit participation capital and subordinated capital. More information can be found in Note [88]. Composition of the Statement of Financial Position There were significant changes to the composition of the Statement of Financial Position in the reporting year. On the assets side, “Claims on customers” (Statement of Financial Position item 3, see also “Lending Business”) rose by 0.1 percentage points to 69.4% and Interbank claims (“Claims on banks”, Statement of Financial Position item 2) rose by 3.5 percentage points to 8.9%. ”Financial assets” (Statement of Financial Position item 8, bonds, shares, equity investments and shares in affiliated companies) dropped by 0.6 percentage points to 12.9%. ”Assets held for trading” were scaled back by Sparkasse KölnBonn by 2.6 percentage points to 4.4%. On the liabilities side, “Liabilities to customers” (Statement of Financial Position item 2) rose by 2.7 % to 60.2%. Interbank liabilities (”Liabilities to banks”, Statement of Financial Position item 1) were reduced by 1.2 percentage points to 19.3%, “Assets held for trading” (Statement of Financial Position item 3) by 0.4 percentage points to 5.8% and the “Securitised liabilities” carried by Sparkasse KölnBonn (Statement of Financial Position item 4) by 1.6 percentage points to 5.7%. The risk provisions under IFRS, which were slightly reduced in comparison to the prior year, totalling EUR 375.8 million (prior year: EUR 382.0 million) have been recognised to adequately cover the lending risks currently discerned by the Sparkasse KölnBonn Financial Group which are spread over all customer segments and industries. Investment risks and other obligations are likewise included in the consolidated financial statements. Equity Ratios The Sparkasse KölnBonn group of institutions applies the standard credit risk approach in accordance with the German Solvency Regulation (SolvV). To differentiate its capital base and therefore its risk sensitivity, the Bank relies on assessments made by recognised external rating agencies and their allocation to the risk weightings prescribed by banking law (see Notes [88] and [89]). Solvency coefficient * (Sparkasse KölnBonn Financial Group) 31.12.2009 31.03.2010 30.06.2010 30.09.2010 31.12.2010 11.5 11.4 11.6 11.6 12.0 Total ratio * Solvency Regulation / credit risk standard approach The ratio of eligible own funds to the weighted risk items, consisting of default risks, operational risks and the market risk, comfortably exceeded the minimum ratio of 8.0% set by the Federal Financial Supervisory Authority on 31 December 2010, with the overall ratio lying at 12.0% at the level of the Sparkasse KölnBonn group of institutions. The core capital ratio of Sparkasse KölnBonn, defined as the ratio of its core capital to its risk positions (default risks, operational risks and market risks) comes to 6.3%. The minimum core capital ratio required by law is 4.0%. Thus the foundation for future development in business is in place. The positive development of the solvability ratio in 2010 is a result of the reduction in risk-weighted assets. On 31 March 2011 the solvency coefficient for the Sparkasse KölnBonn group of institutions stood at 12.8%. As a separate institution, the solvency coefficient of Sparkasse KölnBonn stood at 13.2% on 31 March 2011 and 13.0% on 31 December 2010. Sparkasse KölnBonn manages its risks in a way that is commensurate with the scope and complexity of its business (see Part D., Risk Report). 17 Group Management Report B. Subsequent Events Subsequent Events Indirect Acquisition via RSGV of DekaBank The RSGV savings banks association, in which Sparkasse KölnBonn holds a 19.9% stake, decided in its meeting on 14 March 2011 to participate in the German savings banks’ acquisition of the shares in DekaBank held by the state banks (Landesbanken). The indirect shareholding held by RSGV in DekaBank will rise from a current level of 6.56% to 13.90% in future. There is potential for the distributions from DekaBank to offset the expenses incurred by RSGV to finance the transaction. According to DekaBank, the required distribution potential is secured for the long-term. There were no other material events subsequent to the reporting date. C. Internal Control and Risk Management System for Corporate Accounting Purposes As the Group’s parent company, Sparkasse KölnBonn is oriented towards the capital markets as it uses an organised market in the sense of § 2 Sec. 5 WpHG to place the securities it issues in the sense of § 2 Sec. 1 Clause 1 WpHG. In accordance with the legal requirements of § 289 Sec. 5 HGB in connection with § 264d HGB (new version) the key characteristics of the internal control and risk management system for corporate accounting purposes are described below. The legislators have not defined any special requirements for the content or structure of an internal control and risk management system for corporate accounting purposes. The Board of Management of Sparkasse KölnBonn is responsible for setting up appropriate systems in the Sparkasse KölnBonn Financial Group. Responsibility for the corporate accounting and the preparation of the consolidated financial statements rests with the Accounting and Reporting department located within the corporate Finance function. This structure means that corporate accounting is independent of the front office and segregated from operations right up to the level of the Board of Management. The corporate Accounting function of the Sparkasse KölnBonn Financial Group uses the WinKONS corporate accounting and reporting application from IDL GmbH for technical support. Sparkasse KölnBonn uses the One System Plus (OSP) accounting system from Finanz Informatik GmbH & Co. KG (FI), an IT service provider integrated in the organisation of Sparkasse KölnBonn. In addition, the SimCorp Dimension system (for financial information technology) is carried as a subsidiary ledger for securities and issues and an in-house application of Sparkasse KölnBonn is used as a subsidiary ledger for derivatives. The services performed under contract by FI are monitored within the framework of the controlling of the service providers of Sparkasse KölnBonn. The subsidiaries use applications from other firms for accounting purposes, including KHK Classic Line issued by Sage Software GmbH & Co. KG and SAP from SAP AG is used at one associate. For a number of other subsidiaries, the accounting is outsourced to Sparkasse KölnBonn. As part of the corporate accounting-related risk management system, the corporate Finance function is involved in significant decision-making processes such as uniform measurement within the Group, new product releases and product variations. To ensure compliance with corporate accounting guidelines, the corporate accounting of Sparkasse KölnBonn has issued a set of Group accounting guidelines pursuant to International Financial Reporting Standards (IFRS) for all entities consolidated in the consolidated financial statements. Separate explanations, for example on hedge transactions, can be found in Part D. (Risk Report) of this Management Report. Please see Note [11] g) for information on the use of the fair value option. 18 Group Management Report The Board of Management of Sparkasse KölnBonn approved the implementation of reporting and escalation management to ensure that the time schedule for preparing the consolidated financial statements is kept to. The corporate accounting process is supported technically by the dataprocessing tool, SmartCloseManager (SCM). In detail, SCM contains all the tasks and control functions to be performed by all departments involved in the preparation of the IFRS consolidated financial statements. Moreover, the higher level processes and other sub-processes needed to prepare the consolidated financial statements of Sparkasse KölnBonn are filed in its process portal. The corporate accounting function of the Sparkasse KölnBonn Financial Group is based on the following four principles: - defining the processes subject to mandatory controls - ensuring transparency, clarity and completeness of source vouchers - segregating functions between authors and controllers (principle of dual control) - minimum information requirements (e.g. disclosure of estimated parameters when recognising provisions) The focus of the corporate accounting-related internal controls of the Sparkasse KölnBonn Financial Group is on the segregation of functions and the principle of dual control. The goal is to avoid conflicts and manipulations of financial data and financial transactions. There is a clear hierarchy of authorities in the Accounting and Reporting department as well as in all decentralised departments that perform a corporate accounting function. The internal control system covers all relevant fields and hierarchical structures in the corporate accounting function. All corporate accounting processes are analysed taking a front-to-end approach. The individual detailed tasks are a component of the SCM and serve to validate the overall process. The necessary controlling and auditing processes are defined on the basis of the line items and their respective materiality. The audit processes include the reconciliation of intercompany balances between Group entities, reconciliation of the amounts listed on source vouchers with the amounts on the accounts, plausibility checks as needed, and spot-tests of completeness. The required controls must be documented on the vouchers. The audits are performed by the corporate Accounting department depending on the human resources available and the required tasks on the basis of the line items and their materiality. The reconciliation of intercompany balances is vital for the accuracy of the financial statements of the separate entities and is a critical factor in the consolidation process as the result of the reconciliation of intercompany debts leads to the consolidation of income and expenses and also the elimination of intercompany debts. The accuracy of the respective reporting packages is attested by the auditors of the respective Group entity. The Internal Audit reviews and assesses the appropriateness of the risk management in general and the internal control system in particular, on the basis of the risk exposures and independent of the processes concerned. Moreover, it reviews and assesses the compliance of all activities and processes with requirements, regardless of whether these have been outsourced or not. For some outsourced processes the Internal Audit of Sparkasse KölnBonn relies on the internal audits of the service providers performing the outsourced tasks and regularly checks their functionality to its satisfaction. The Internal Audit carries out comprehensive function and systems tests of all processes relevant to the accounting on the basis of an audit plan that is rolled forward from year to year. Both the audit plan and the execution of the audit are conducted on the basis of a risk-oriented audit approach. 19 Group Management Report D. Risk Report As the parent company of the Group, Sparkasse KölnBonn manages the risks of the Sparkasse KölnBonn Financial Group arising from its banking activities. For this reason the risk report correlates closely to that in the annual financial statements of Sparkasse KölnBonn. Bank-Wide Risk-Based Management Risk Strategy / Risk Management As the parent company of the Group and with its bank-wide risk-based management, Sparkasse KölnBonn systematically controls the risks associated with banking activities and keeps appropriate risk coverage to ensure it maintains the ability to bear any risks that eventuate. The full Board of Management of Sparkasse KölnBonn is responsible for a functioning and orderly risk management system. In addition to the strategic goals of the Bank, the Board has approved a risk strategy that is consistent with these goals. This defines two key strategic elements, the risk propensity of the Bank and its ideal risk profile, which are strictly aligned to the needs of the business strategy and the requirements of the mid-term planning. The risk propensity defines how much of the available capital can be used to cover existing business and new business. The desired risk profile defines the relative shares of default risks, market risks, investment risks and operational risks in the total risk budget of the Sparkasse which the Bank should strive for in the future. The full Board of Management also decides on the risk and loss limits, both for the individual risk categories and for individual elements of the controlling, in accordance with the risk strategy. Sparkasse KölnBonn applies a system of limits for all significant quantifiable risk categories which, among other factors, is based on measuring the risks using comparable Value at Risk (VaR) indicators. Sparkasse KölnBonn controls compliance with the risk limits, both at the level of the Bank as a whole (macro level) and also at the level of individual portfolios. Derivative financial instruments are used in the process, in particular for market risk exposures. These derivatives are combined with the underlying in the financial statements pursuant to the German Commercial Code wherever the main risk factor is identical, e.g. interest rates in one currency, share prices or individual currencies. In addition, interest risks are limited at group level within the framework of the Bank’s interest rate risk management. In addition to the full Board of Management, the Finance and Cash Management Committee (FDA) also takes responsibility for the functions of risk management. The risks attached to lending exposures and equity investments are managed by the full Board of Management and the Finance and Cash Management Committee is responsible for strategic market risk exposures. The entire Board of Management members are members of the FDA. Operational risks are managed by a committee specially set up for this purpose. In line with the requirements of the Federal Financial Supervisory Authority, risk controlling at Sparkasse KölnBonn is performed by a department that is independent of the front office. Apart from assessing the potential risks, the assets available to cover potential losses are identified. Classification of risks is based firstly on the business focus of Sparkasse KölnBonn – to generate income by consciously accepting risk exposures on condition the Bank receives an appropriate risk premium – and secondly on the requirements imposed by the financial supervisory authorities for the management of risk. The risk management process is regularly subject to both internal and external audits. 20 Group Management Report Risk Categories At Sparkasse KölnBonn, a risk is identified as the danger of potential loss or lost profit that is caused by internal or external factors. The risks originating from the banking business of Sparkasse KölnBonn that are classified as relevant and significant are managed using the following general risk management concepts: Risikokategorien Risk categories Adressenausfall Default risks risiken Market risks Marktpreis risiken Equity Beteiligungsinvestment risiken risks Main risks: Wesentlich: Main risks: Wesentlich: Wesentlich: Main risks: Interest Borrower Immobilienrisiko Zinsrisiko Kreditnehmerrisiko risk rate risk Property risk Exchange Issuer Währungsrisiko risk Emittentenrisiko rate risk risk Aktienkursrisiko Insolvency Bonitätsrisiko Share price risk Fondrisiko Settlement risk Settlementrisiko Investment fund risk Vega-Risiko Counterparty risk Kontrahentenrisiko Volatility risk Securities Sicherheitenrisiko risk Country Länderrisiko risk Conscious by riskRisikomessung assessment Bewusste Risikonahme durch Bewussterisk-taking Risikonahme durch Risikomessung --limitierung and riskund management/limitation Risikosteuerung/ und Risikosteuerung/ limitierung Fig: Operationelle Operational risks Risiken Main risks: Wesentlich: Compliance - risk Legal Rechtsrisiko risk Disaster Katastrophenrisiko risk Liquidity Liquiditärisks tsrisiken Other Sonstige risks Risiken Main risks: Wesentlich: Main risks: Wesentlich: Concentration Refinancing risk Konzentrationsrisi Refinanzierungsris risk Market risk liquidity ätsrisiko risk Association Verbundrisiko Marktliquidit Reputation Withdrawal Reputationsrisiko risk Abrufrisiko risk Business Scheduling Geschäftsrisiko risk Terminrisikorisk Model Modellrisiko risk Placing risk Platzierungsrisiko äätzung Minimisation/evaluation Minimierung Minimierung // Absch Absch tzung -Risk Risikover Risikover avoidance meidung/ meidung/ /hedging --versicherung versicherung Overview of the main risk types with regard to risk tolerance and risk management strategies at Sparkasse KölnBonn Risk Tolerance The business activity of Sparkasse KölnBonn is exposed to the risk that the projected earnings for a one-year planning period can no longer be achieved due to unexpected risks that suddenly materialize. When analysing the Bank’s risk tolerance (i.e. its ability to bear risks), which was revised at the end of 2009/beginning of 2010, Sparkasse KölnBonn pursues the objective of identifying the Value at Risk for which the probability of a higher loss is less than 0.1% (i.e. there is a 99.9% probability in this period that losses will lie within the Value at Risk). It must be possible to cover this Value-at-Risk at all times from the available risk coverage. Under the revised concept, own funds as defined by banking law have been included in the potential risk coverage, with any losses occurring during the year or forecast for the coming year being suitably considered. The risk tolerance is subject to a stress test in order to make a statement on the capital adequacy of the Bank in a crisis situation. This involves considering factors that increase the risk and factors that reduce capital. Moreover, an analysis of the Bank’s ability to bear risk is used to analyse the Bank’s risk propensity and define the desired risk profile in accordance with the risk strategy and identify any discrepancies using gap analysis. In addition to analysing risks at a 99.9% confidence level, risks are also calculated at a 99% and a 95% confidence level. In essence, the 99% confidence level corresponds to the risk analysis applied until the end of 2009. Sparkasse KölnBonn uses this confidence level to set its effective limits and to manage its risk in operating business. The underlying assets are determined on the basis of the Group’s equity measured under IFRS. This is calculated from the equity carried in the statement of financial position on the reporting date plus the liabilities towards holders of profit participation rights less deferred tax assets and a security buffer set as a percentage of equity. Target values are then set for the strategic limits at a 99% confidence level on the basis of the risk propensity and the desired risk profile. These are used as guidelines for setting the actual limits. This mechanism ensures that the findings of the risk strategy are integrated in the risk management used for day-to-day operations. In addition to risk limits, loss limits are also defined for net present values. The degree to which these loss limits are drawn on is measured using Value-at-Risk methods, depending on the risk category. The utilisation of the loss limits for net present values is calculated by assessing the changes in discounted cash flows. 21 Group Management Report Over the course of 2010, the measures taken to reduce the risks in the money market and capital market as well as in equity investments, have led to a slight reduction in the Bank's aggregate risk exposure in comparison with the beginning of 2010. Temporary breaches of the sub-limits in some areas of risk management were remedied by reallocating the relative shares of permitted limits. No limits were breached at the end of 2010. An analysis of the aggregate risk profile, based on the defined risk limits but ignoring diversification between the various risk categories, reveals that 54% of the risk coverage was tied up in risk capital by the end of the year. Using an adjusted retrospective analysis, this risk propensity came to 58% in the prior year. Over the full course of 2010 it lay significantly below the maximum risk propensity of 75% defined in the risk strategy. The quotient from dividing the Bank’s aggregate risk exposure under stress by the adjusted risk coverage potential also declines over the year from 74% to 69%. The slight downwards trend in these indicators over the course of the year is due to the fall in the Bank’s aggregate risk exposure with the potential risk coverage remaining virtually constant. Further measures to reduce risks and thus improve the ability of the Bank to bear risk are planned for the year 2011. In addition to an economic analysis of the aggregate risk profile, the regulatory requirements must also be observed in terms of both solvency (see Part A., 4. Net Assets, section on Equity Ratios) and liquidity (see Part D., Liquidity Risks). An analysis of the aggregate risk profile of Sparkasse KölnBonn reveals that available assets cover the risk exposures entered into from both an economic perspective and in terms of the regulatory requirements. Risk Controlling Process Default Risks Sparkasse KölnBonn defines its default risk as the risk that the contractual partners of Sparkasse KölnBonn fail to meet their payment obligations towards the Bank in part or at some delay. Consequently, a distinction is made between the borrower’s risk, the issuer risk, the country risk, the settlement risk (advance payment or settlement risk) and the replacement risk. The Board of Management of Sparkasse KölnBonn has issued principles governing the key aspects of assuming risks. The structure of the lending processes of Sparkasse KölnBonn is heavily affected by the clear segregation of front office and back office functions within the organisation. At Board of Management level the functional segregation between the front office and back office is ensured by a formal allocation of management functions. Special financing issues have been placed in separate units so as to bundle expertise and ensure efficient processing. The tasks of loan analysis, loan processing, loan controlling, risk controlling, special loan management and loan audits have all been allocated independently of the front office. Some loan processing duties are performed by the front office. The controlling instruments of Sparkasse KölnBonn include an early warning system for the recognition and consistent processing of potentially delinquent loans, a system of limits to avoid concentrations of risk and a rating and scoring system for a comprehensive appraisal of the lending portfolio. In addition to the controlling instruments already mentioned, the risk controlling of the lending business bankwide includes loss and risk limits on the lending portfolio that are set by the full Board of Management. By applying all these controlling instruments Sparkasse KölnBonn expresses its risk awareness when extending loans and credit. 22 Group Management Report The rating models used are consistent methods that are calibrated to the risk of default within a period of one year, by which the following master scale issued by the German Savings Bank and Giro Association (DSGV) serves as a reference. The DGSV master scale is divided into 18 rating classes, 15 for borrowers who have not defaulted and 3 for borrowers who have defaulted. In the process the mean risk of default is allocated to each class. DSGV master scale Default probability (%) 1 (AAA) 0.01 6 0.60 1 (AA+) 0.02 7 0.90 1 (AA) 0.03 8 1.30 1 (AA-) 0.04 9 2.00 1 (A+) 0.05 10 3.00 1 (A) 0.07 11 4.40 1 (A-) 0.09 12 6.70 2 0.12 13 10.00 3 0.17 14 15.00 4 0.30 15 20.00 5 0.40 16-18 Default Speculative Grade Default probability (%) Investment Grade DSGV master scale Default The coverage of the rating and scoring methods is 93.5% (FY 2009: 93.3%). Of this amount 57.6% (FY 2009: 59.8%) of the rated volume qualifies as Investment Grade customers (better than 6) and 42.4% (FY 2009: 40.2%) as Speculative Grade customers (6 and below). 23 Group Management Report The following summary shows an analysis of the lending business and a breakdown of money market and capital market business into the various rating classes as at 31 December 2010: Gross volume: EUR 25,346 million 41.2% 23.8% 14.6% 11.0% 6.3% 3.1% AAA to A Customer lending Change on prior year Money & capital market Change on prior year 1 (A-) to 5 0 6 to 9 10 to 15 16 to 18 * without rating 9.135 5.869 3.604 794 1,246 - 74 ±0 - 631 - 55 + 286 - 41 2,792 1,306 157 93 0 350 - 1,034 + 820 + 63 - 21 0 - 11 * 16 = 90-day delay, 17 = valuation adjustment, 18 = insolvency application, depreciation, termination When measuring and analysing risks, a basic distinction is made between customer business segments and the Treasury. Lending portfolio models are used to quantify the credit risks and potential concentrations of risk in controlling default risks. In the process, different confidence levels and a holding period of one year are taken to analyse the Credit Value at Risk. The following description of the risk assessment is based on a confidence level of 99%. At the end of the fiscal year 2010, the lending risks in the customer business of Sparkasse KölnBonn (Credit Value at Risk) amounted to EUR 188 million (prior year: without expected losses: EUR 181 million). The moderate rise in the credit risk in customer business is partly due to some customers being downgraded. In the money market and capital market business, the own investments of the Bank were measured in an integrated manner on account of the reclassification of a part of the trading book to the investment book according to regulatory requirements in fiscal year 2010. Credit risks totalled EUR 71.2 million (comparative figures of the prior year: trading book: EUR 21.3 million, investment book: EUR 87.7 million). The reduction in risk is primarily due to the reduction in the size of the ABS portfolio. In the money and capital market business the default risk is measured weekly using the Credit Metrics model. In the customer business the default risk is measured monthly using the Credit Portfolio View Direct model. The quarterly risk reports contain comprehensive structural analyses of the lending portfolio. The primary lending business in customer business lines is dominated by the economic environment within the respective field. Particularly in the field of corporate customers, a moderate concentration on certain industries is evident due to the regional concept of Sparkasse KölnBonn. 12% of the gross volume is attributable to just five industries of a total of 88 and a quarter of the aggregate risk exposure (FY 2009: 10% of gross volume to five of 88 industries, accounting for a third of the aggregate risk exposure). The greatest risk concentrations are in the sector of “residential building developers” which accounts for 5.0% (FY 2009: 14.0%) and the sector of “Retail textiles, leather, shoes", which accounts for 4.6% (FY 2009: “Persons of independent means” with a share of 9.3%). 24 Group Management Report The breakdown of commercial lending, money market and capital market business for each industry is as follows: Industry Volume Change on the prior year Banking and Insurance 4,618 -343 Real estate and housing 4,122 +88 Consultancy, planning, security 1,837 -14 Wholesale and retail 1,021 -68 Business services 919 -85 Construction 777 -4 Public and private services 704 -61 Health, social services 605 -21 Traffic, communications 601 -90 Manufacturing 582 -56 Residential building developers 579 -112 Energy, water and mining 459 +35 Non-commercial organisations 391 -13 Hotel and catering 326 -1 Persons of independent means 258 +12 Automobile trading 142 -2 29 +1 Agriculture, forestry, fishing Other Volume (in EUR million) 216 +37 18,186 -697 84% (FY 2009: 85%) of the individual items in the portfolio of loans and advances to customers carried by Sparkasse KölnBonn are smaller than EUR 100 thousand. Mortgages are the most significant form of collateral, accounting for a share of 93% (FY 2009: 93%). The most important customer segments in the portfolio of loans and advances to customers at Sparkasse KölnBonn are self-employed and corporate customers which account for roughly 64% of total lending volume (FY 2009: 65%) and private customers which account for approximately 31% (FY 2009: 31%): The following table shows the items which account for the largest share of risks in the customer lending business: 1 Exposure1 EUR million Marginal risk2 in EUR million Private borrowers 309.0 65.4 9 Consultancy, planning, security 169.1 4.4 3 9 Residential building developers 300.7 3.2 4 15 Consultancy, planning, security 38.7 3.2 5 14 Consultancy, planning, security 40.5 0.9 6 15 Residential building developers 12.3 0.9 7 8 Traffic, communications 84.1 0.7 8 8 Real estate and housing 49.7 0.4 9 11 Residential building developers 31.8 0.3 10 14 Consultancy, planning, security 11.8 0.2 Position Rating 1 15 2 Industry Book values plus open lines of credit. Share of credit Value at Risk 99% less the share of the expected loss (expected value for losses in the portfolio on the risk horizon). 2 25 Group Management Report The structure of the Treasury lending portfolio is dominated by Investment Grade investments which account for 87% (FY 2009: 88%) of the lending volume, with the financial sector playing a leading role. The largest items in the money and capital market business are as follows:3 Position Rating Industry EUR million Securities4 OTC derivatives Deposits Total 5 1 A3 Banking and 2 Aa2 Banking and 172.1 28.8 574.4 775.3 210.1 0.0 250.0 460.1 66.8 0.0 150.1 216.9 195.3 0.6 0.0 195.9 151.7 0.0 0.0 151.7 136.8 1.0 3.1 140.9 131.2 2.2 0.0 133.4 0.0 0.0 130.1 130.1 84.5 0.0 0.0 84.5 55.5 0.0 0.0 55.5 Insurance Insurance 3 A3 Banking and Insurance 4 Aa2 Banking and 5 A1 Banking and Insurance Insurance 6 Aa2 Banking and Insurance 7 Aa2 Banking and 8 A1 Banking and Insurance Insurance 9 Aaa Banking and Insurance 10 3 Aaa Land Excluding funds, as the transparency principle does not apply Contains covered and uncovered securities and subordinated securities. 5 Calculated on the basis of current market values plus add-ons. 4 26 Group Management Report The trends in risk provisioning, which effectively reflects the impact on the income statement of measuring the customer lending exposures of Sparkasse KölnBonn, comprise direct write-downs, additions to and releases of valuation allowances and collections of claims already written off as bad. They have fallen in comparison to the prior year. 140 % 120 % 100 % 80 % 60 % 40 % 20 % 0% 2006 Fig: 2007 2008 2009 2010 Development of risk provisioning in lending business (base year 2006 = 100 percent) The methods used to measure the risk provisions for the customer lending business are governed by standard operating procedures and processes. Early warning of non-performing engagements is provided by clearly defined indicators of any borrowers displaying unusual behaviour. This process is supported by an automatic early-warning system. Non-performing engagements are processed with the necessary care (intensive monitoring, work-out). A notable lending exposure of Sparkasse KölnBonn with an aggregate sum of EUR 113.0 million at present, that has already been terminated, is fully secured by a mortgage and declarations of a nature similar to a guarantee. The validity of personal guarantees has been called into doubt by the guarantor. Sparkasse KölnBonn assumes, on the basis of legal appraisals and a market valuation, that its claims are fully collateralised in the event that the security needs to be liquidated. Moreover, the independent legal appraisals indicate that there are enforceable claims for damages of an amount equal to the lending exposure. Sparkasse KölnBonn has provided loans totalling EUR 962 million to 113 individual borrowers to refinance their investments in 11 mutual property funds. Some of these funds have deteriorated in value on account of their poor commercial performance. Although Sparkasse KölnBonn now has a better picture of the financial circumstances of the subscribers to the funds, the Bank still does not have an adequate picture of the financial circumstances of a number of subscribers. Apart from a small residual amount, it was possible to avoid recognising risk provisions on these exposures due to the available credit ratings and/or the security provided. Legal risks (claims for damages and rights of revocation) were deemed to be immaterial in a statement issued by a law firm. Equity Investment Risks Equity investment risk is defined as the risk of an impairment of any equity investments entered into, shareholder loans extended or any reliance on the joint liability of Sparkasse KölnBonn and the respective equity investment company. A methodical approach is applied, based on a system of representative alternative investments with the exception of the risks from equity investments within the Sparkasse Financial Group network. As such the Sparkasse allocates the risks of its equity investments to the category of market risks. The risk model is based on the historical data of the alternative investment over the last 250 days of trading. 27 Group Management Report Property risks constitute their own sub-category of equity investment risks. The equity investment risks represent the primary entrepreneurial risks of Sparkasse KölnBonn and amounted to EUR 153 million at a confidence level of 99% and a holding period of one year (FY 2009: EUR 171 million). The reduction in the reported risk is chiefly due to the sale of individual investments and a reduction in the volatility of individual variables of the risk model. The risks in the portfolio of equity investments are controlled within the framework of the equity investment strategy installed by the Board of Management of Sparkasse KölnBonn and by observing the loss limits and risk limits for the portfolio. Risk controlling is performed by the full Board of Management and the front office for equity investments. The front office department for equity investments conducts its activities within the framework of a loan approval and monitoring process at the level of each individual equity investment. The department prepares the relevant controlling activities of the subsidiaries responsible on which the decision-makers can make their decision. Decisions on equity investments are made by the Board of Management using a two-vote process, similar to that used in the lending business. The risk controlling of equity investments is performed by a back office department. This department quantifies the risks of equity investments at portfolio level and provides the management with a separate detailed summary of risk positions within the framework of the quarterly integrated risk report. The plausibility of the valuations of equity investments was checked by a back-office department and ratified. Equity investment risks represent a significant risk category at Sparkasse KölnBonn. In addition to other financial investments, further significant risk drivers are the risks associated with the network investments in Rheinischer Sparkassen- und Giroverband (RSGV), the purchases association, Deutscher Sparkassen- und Giroverband öK, (an indirect equity investment in Landesbank Berlin Holding AG) and RSL Rheinische Sparkassen Leasing Beteiligungsgesellschaft mbH & Co. KG. Accounting for a 47% share in investment risks, this remains the most significant risk category (FY 2009: 40%). The quantification of property risk takes due account of the exposures of the property sector that are generally dependent on the development of the commercial property market in the Cologne/Bonn region. These exposures involve holding property in their own name, in project development, in equity investments in real estate companies as well as in the form of property letting and rental. The respective subsidiaries are responsible for controlling the business activities, project and portfolio controlling in particular. The business activities mentioned are incorporated in the quantification of property risk. With a share of 40% (2009: 33%) in the equity investment risk, the risk of investments in the property sector represents a significant sub-category in addition to network investments in affiliated companies. We have made appropriate provisions and/or valuation allowances in the Annual Financial Statements for 2010 above and beyond the provisions already recognised in prior periods, for all discerned risks, particularly those associated with project developments and the development of individual equity investments. In addition, any latent risks are monitored intensively. We have explained the risks arising from the indirect obligations of Sparkasse KölnBonn associated with the stabilisation of WestLB AG in the section on “Significant Events in the Fiscal Year” found in Part A, “1. Business Development and Economic Environment”. Market Risks Market risks refer to the potential danger that changes in market parameters such as interest rates, market volatility, foreign exchange rates and share prices could lead to losses or falls in value. The Board of Management sets market risk and loss limits for the trading book and the investment book on the basis of the latest respective system of limits. In association with the reclassification of parts of the trading activities of Sparkasse KölnBonn from the trading book to the investment book according to regulatory requirements6 at the beginning of October 2010, the limits for market risks and default risks were adjusted in the trading book and investment book to match the change in the risk exposure. At the end of the fiscal year 2010 the market risks of Sparkasse KölnBonn amounted to EUR 75.1 million at a confidence level of 99%. The comparative figure at the end of fiscal year 2009 came to EUR 123.2 million. The change in the reported risk is largely attributable to the complete reduction in the Strategic Asset Allocation (SAA), the sale of ABS’s and the reclassification of portions of the securities portfolio to fixed assets at the end of 2010. 6 First measures to discontinue the Bank’s trading book institute status were taken effective 1 January 2011 28 Group Management Report Market risk limits are defined as mutually restrictive, with the exception of the limits for non-current assets. This means that any losses in net present value automatically reduce the market limit by the respective loss in net present value. This ensures that if any losses are incurred in net present value then the risk positions are automatically limited or reduced. The Finance and Cash Management Committee of Sparkasse KölnBonn is responsible for any measures to control the risk of changes in interest rates within the investment book. In addition, the committee sets the structural targets for the Treasury department, particularly with regard to the management of assets and liabilities/equity. Operational management of market risk exposures in the investment book is part of the management of assets and liabilities and equity within the framework of the decisions made by the Finance and Cash Management Committee. Significant open forex positions are not maintained due to the business model of Sparkasse KölnBonn. Foreign exchange exposures therefore do not represent any significant risk for Sparkasse KölnBonn. The same conditions apply to the risks of fluctuations in share prices. Consequently, there is no significant risk in this regard either. The Treasury (Trading), Settlement/Controlling, Accounting and Risk Controlling are organisationally and functionally segregated. Risk Controlling monitors the defined limits by the full Board of Management or the member of the Board of Management responsible for supervisory matters on a daily basis. The basis for determining the risk positions are the respective portfolios which are marked to market daily. Since February 2011, the reporting cycle for risk positions and the result of operations has been changed from a daily basis to a monthly basis. This change is related to the change in the status of the Bank to that of a trading book institution under German banking law effective 1 January 2011. Furthermore, the Bank issues ad hoc reports in the event of any significant influences on market risks or the results of operations. Market risks are identified and measured daily using an internal model. Market risks are measured methodically at the Value at Risk using a variance/covariance approach. Interest risks represent a significant subcategory of market risks. Risks associated with market volatility are of lesser importance. The risks of loss are examined daily from the perspective of assumed extreme market developments (scenario analyses). The scenarios are specific for each instrument, i.e. there are different scenarios for shares, currencies and interest. With regard to interest, the scenarios include parallel shifting of the interest curves as well as twisting and changes in the credit spread. An appropriate assessment of market risks requires continuous fine-tuning and development of the systems and methods involved with regard to the scope, the complexity, and the content of the risk. These represent a core element of risk controlling at Sparkasse KölnBonn. Modelling the interest risk is based on a variance/covariance approach using delta gamma approximations. Input data include the volatilities and correlations of a recognised external data provider and sensitivity data from Sparkasse KölnBonn. The most important premise is a finite number of risk factors that follow a Markov process. Options are incorporated in the estimate of Value at Risk via the gamma variables. The general market risk is aggregated with the credit spread risk. In this regard, it is assumed there is no correlation between the two risk categories. The change in the net present value of the interest book due to the interest shock scenario defined in § 24 Sec. 1 KWG (Kreditwesengesetz: German Banking Act) developed as follows: Change in net present value in percent 31.12.2008 31.12.2009 31.12.2010 0.5 2.4 3.1 At all times in the year 2010 the change in the net present value in relation to own funds lay significantly below the threshold of 20% set by the Federal Financial Supervisory Authority, as in prior years. Operational Risks Operational risk is the risk of loss resulting from the inadequacy or failure of internal processes, employees, internal infrastructure or from external events. This definition also includes legal risks. Operational risks (OR) are an unavoidable element of bank business. 29 Group Management Report The identification of operational risks is based on the reactive analysis of any losses that have occurred by storing them in a loss event database after the event, the proactive analysis which involves assessing possible loss scenarios, and participating in the data pooling of the German Savings Bank and Giro Association (Deutscher Sparkassen- und Giroverband). Instruments used within the framework of the strategy to avoid or transfer operational risks include an IT contingency concept, the optimisation of business processes, the discontinuation or outsourcing of certain business processes and insurance. The Board of Management is informed of operational risks in the integrated risk report that is prepared quarterly. The Board of Management sets the basic rules for handling operational risks. It decides on the measures proposed to it to reduce risk exposures. The Operational Risks Committee advises the Board of Management of Sparkasse KölnBonn on managing operational risks and prepares the managerial decisions. Liquidity Risks With regard to liquidity risk Sparkasse KölnBonn makes a distinction between the liquidity risk per se (the risk of insolvency) and other (strategic) liquidity risks (the risk of a run on deposits, the refinancing risk, the market liquidity risk and the maturity risk). In addition to analysing appropriate ratios (the liquidity ratio as defined by the Liquidity Regulation and the other indicators) Sparkasse KölnBonn regularly conducts scenario analyses. The measurement and limitation of liquidity risk relies on cash flow projections over the course of time. Liquidity risk management is supplemented by a number of stress scenarios. Together with estimates of the money market and capital markets, the analyses of ratios, cash flows and the result of stress tests, which are reported on a monthly basis to the full Board of Management and the decision-makers concerned in the second management level, can be used to derive controlling measures, right up to triggering a contingency plan. The liquidity risks are generally managed by holding liquid assets and structuring the Bank’s liabilities and equity. The planning of refinancing is based on the cash flow projections, the given refinancing potential and the activities planned in the various fields of business. Controlling is monitored continuously and the planning assumptions are adjusted if needed. Liquidity ratio according to Liquidity Regulation Liquidity ratio Observed ratios according to residual maturities as at 31.12.2010 Observed ratio 31.12.2009 31.03.2010 30.06.2010 30.09.2010 31.12.2010 1.6 1.5 1.4 1.8 1.5 Sight and up to 1 month Over 1 month and up to 3 months Maturity band 1 Maturity band 2 1.5 1.6 At year-end the liquidity ratio as defined by the Liquidity Regulation stood at 1.5, comfortably above the minimum requirement of 1.0. The risk assessment of possible insolvency in future periods does not indicate that any liquidity bottlenecks are expected. Sparkasse KölnBonn is noted for the adequacy of its long-term funding on account of its prudent, forward-looking refinancing strategy. In addition to the refinancing possibilities in customer business, at the end of the year it had a freely available pledged securities account at the ECB of EUR 1.8 billion and freely available cover funds of EUR 2.2 billion. Both these sources of refinancing could be increased if needed. As a consequence, Sparkasse KölnBonn is able to compensate any unexpected large cash outflow, as needs to be simulated in the scenarios required by the minimum requirements on risk management. The solvency of Sparkasse KölnBonn was adequately secured during the entire fiscal year 2010. 30 Group Management Report Hedging Sparkasse KölnBonn also uses derivative financial instruments to manage its compliance with the risk limits, in particular for market risks. In the Bank’s annual financial statements pursuant to the German Commercial Code these are combined into a valuation unit with the underlying. However, in the IFRS consolidated financial statements Sparkasse KölnBonn does not apply hedge accounting. An accounting mismatch arises due to the fact that all derivatives are measured at fair value as required by IAS 39 because the hedged transactions are generally measured at amortised cost. To reduce this accounting mismatch, Sparkasse KölnBonn avails of the fair value option for some of its hedged transactions. Please see Note [11] g) for more details on the use of the fair value option. E. Outlook The following comments are by nature forward-looking statements. For this reason, the expectations of future development that were made at the time this Group Management Report was prepared could diverge significantly from actual events. Sparkasse KölnBonn ratified its mid-term planning for fiscal years 2011 to 2015 in December 2010. The Bank’s planning for Sparkasse KölnBonn Financial Group is based on the following economic environment: The economic developments on which the mid-term planning is based are founded on the forecasts of leading economic research institutes. For 2011 these institutes forecast real GDP growth in a range of between 1.7% and 2.5%. Whereas some institutes believe the economy will return to the level of activity seen prior to the crisis by the end of 2011 already, other research institutes do not expect this to happen until 2012. In the mid-term, the German economy is likely to profit from the continuing low market interest rates that will stimulate investment activity. This assessment is confirmed by the International Monetary Fund, which expects Germany to occupy a leading position among the industrial countries in the mid-term on account of its exports and growing domestic economy. Sparkasse KölnBonn is forecasting a similar development in its economic region. Examinations have shown that economic growth in the region has run almost parallel to the wider German economy in the past. The strong regional focus on exports suggests that the recovery in the region might even be stronger than expected. Consequently, the economy might return to the level prior to the crisis in 2011 already. The reports of the respective chambers of commerce and industry of Cologne and Bonn also expect economic output to develop positively. The brighter prospects for business development have put the chambers in an optimistic mood for the coming months. Such faith in the future is reflected in the investment planning and human resources planning of local companies, with roughly a third of all respondents expecting to expand their capital expenditure, of which 30% will be due to business expansion. Sparkasse KölnBonn has relied on this information for its own planning in which it expects real GDP growth of 2.1% for 2011 and 1.8% for 2012. A boom year is expected for the German construction industry in 2011. Leading economic institutes assume that investments in construction will rise by 2%. Investments in residential construction should continue to profit from the favourable interest rates for mortgages, the stable situation on the labour market and the rise in private incomes. The trend towards to modernisations and renovations should continue to support the segment of fittings and finishing. With rising utilisation of capacity in the processing trades, the economic research institutes expect investments in commercial real estate to pick up by 3% in real terms. On account of the expiry of the economic stimulus programs and the tight situation for state budgets, public investment in construction is expected to fall below the level of 2010. In light of the expected growth in the overall economy and the continuing slide in unemployment, prices for residential property should continue to rise in the Cologne/Bonn region in 2011. The long-term perspective is also for stability on the residential property markets in Cologne and Bonn. 31 Group Management Report With regard to the development of interest rates, Sparkasse KölnBonn assumes that there will be a moderate rise in rates with the interest curve flattening out in the coming years after a sharper rise in the short term. The rise is expected to occur in the coming two years, providing the Bank with enough headroom to increase its spreads, particularly in the deposit business. From 2013, the rise in interest rates will slow down to a moderate level. The rise in the key lending rate of the ECB to 1.5% constitutes the second tightening of monetary policy since the global financial crisis started. This measure is within the range expected by Sparkasse KölnBonn. The business policy of Sparkasse KölnBonn will follow the path already taken to focus on the core businesses of the Bank. Against this economic backdrop, Sparkasse KölnBonn Financial Group is entering the new fiscal year with the following expectations for its business development and earnings: In the private customer business, the Bank has based its sales planning on assumed growth in claims on customers and customer deposits in 2011, roughly in line with the growth in nominal GDP (and assuming an inflation rate of 1%), with slight market growth from 2012. In its plans for the deposit business, the Bank assumes that the issue of security will still dominate the investment decisions of its customers. The sales planning for corporate business has been differentiated in accordance with the strategic realignment of the Bank: a reduction in the portfolio of key corporate customers as a result of the plan to scale back the large customer business and win market share in corporate customer business with a wider and flatter base. In light of the continuing low level of interest rates, the net interest income of Sparkasse KölnBonn in 2011 should remain at approximately the same level as 2010, particularly that Sparkasse KölnBonn will continue to act cautiously with regard to the long-term investment of floating rate customer deposits. In the following year, it can be assumed that the interest margin on deposits will rise once interest rates in the wider economy have stabilised. This is particularly the case for deposits in variable products. If the interest level returns to normal at a slower rate than expected in our planning, this will burden the expected net interest income in the coming year. Our risk provisioning for the lending business is based on an expert appraisal for 2011. Overall, we expect risk provisions to rise slightly in comparison to the actual value for 2010. However, the rise should be very slight. The planning for the following years is based on the expected loss on our lending portfolio determined using our credit risk model. We assume that risk provisioning will rise slightly in parallel to the growth in the lending business. Sparkasse KölnBonn counters the uncertainties in some portfolios, also in terms of potential concentration risks, by putting special emphasis on monitoring its exposures. This is particularly true for those cases where the defaults could be significant if the economic environment developed unfavourably. Monitoring is related to exposures for which no risk provisions have been recognised on account of the collateral provided. The net commission income is developing positively. Our planning for the coming two years forecasts this positive trend to continue. In our view, the most significant growth drivers will be building society contracts, life insurance policies, property and casualty insurance as well as commission on securities trading. Proceeds from monetary transactions will stabilise in the coming years and trend slowly upwards thereafter. The measures decided on in the prior year to cut back administrative expenses have already borne the first fruit. In the coming two years the Sparkasse expects to consolidate its costs more or less at the current level. With regard to its investment book, Sparkasse KölnBonn will continue to exploit any possibilities afforded by the market to scale back the volume invested. Due to the increase in the credit spread in some segments of the structured portfolio, Sparkasse KölnBonn is expecting a moderate expense from fair value adjustments to its ABS portfolio. In some respects, substantial write-ups were recorded in the first six months of 2011. With regard to its other portfolios of securities, Sparkasse KölnBonn expects the capital markets to continue to stabilise. Consequently, the result from its financial investments in securities should develop at a similar level to 2010 in the coming two years. 32 Group Management Report On 21 July 2011 the heads of the member states of the European Union accepted the proposals made by the Institute of International Finance (IIF) regarding the involvement of the private sector in the second package of support measures for the Greek economy. These provide for a programme to swap the government bonds of Greece with terms expiring in or before 2020, which allows four different possibilities for the private sector to participate in the restructure of Greek public debt, provided that the debt swap meets the approval of 90% of the private sector. The Sparkasse KölnBonn Financial Group informed the German Central Bank that it intends to participate in the swap program. The terms and conditions of the swap provide for a present value of 79% for the bonds to be swapped. As the Sparkasse KölnBonn Financial Group recognises all government bonds in the consolidated financial statements (AFV designated), the losses in their carrying amounts due to changes in market value were already recognised in the consolidated financial statements for 2010. If the debt swap program is carried out as described, the Sparkasse KölnBonn Financial Group could generate income in the consolidated financial statements for 2011 from writing up the Greek government bonds which qualify for the swap program. The other portfolios of Greek government bonds with longer terms continue to be recognised at fair value. The swap program should generally have a stabilising influence on the market prices of all Greek bonds and help to calm the market. Sparkasse KölnBonn Financial Group has developed an exit strategy for a significant portion of its equity investments. Whereas some smaller exits were already realised in 2010, most of the planned exits will occur in 2011. In light of this and with regard to the valuations performed to prepare the consolidated financial statements for 2010, Sparkasse KölnBonn assumes that there will not be any extraordinary burdens on the income statement in 2011 arising from its equity investments and that the revaluation loss will not exceed that of 2010. We assume that revaluation losses will decline over the coming years as a result of the reduction in the Bank’s risk exposure. In past years Sparkasse KölnBonn already recognised significant provisions for the Rheinparkmetropole project, which was handed over to the tenants in 2009. The advanced stage of the audit procedures has resulted in a very reliable estimate of the costs of the overall project as of 31 December 2010. This was used as the foundation by the Bank to assess the risks and make adequate provision in the consolidated financial statements for fiscal year 2010 where required. At the same time, we are fully aware that there are still latent risks associated with the Rheinparkmetropole project due to the uncertainties that remain. In 2010, the consolidated net profit before taxes of EUR 57.7 million developed much more positively than the forecast made in the prior year. The reason for this development was the positive result from financial instruments measured at fair value through profit or loss due to the continued recovery of the capital markets and the significant drop in interest rates on the market. This development is not expected to continue into 2011 and the following years based on the environmental factors assumed in our mid-term planning. The assumed cost-savings measures and further reduction of assets-at-risk should result in the Group’s result developing positively at a moderate level. The development of earnings at the Group’s various segments already show positive trends in 2010 which indicate that the Sparkasse KölnBonn Financial Group will continue to develop in accordance with its business planning. As one of the key segments in the strategy of the Sparkasse KölnBonn Financial Group, the Private customers segment will profit from the revival in the securities business, particularly with regard to commission income, and the measures initiated to improve sales. The Corporate customers segment will endeavour to stabilise its results at the level it has attained in light of the rise in risk provisions allowed in the planning and the planned reduction in large exposures. Similar parameters determine the development of earnings in the Individual customers segment where a slight decline in the result is forecast. The Location development / restructuring segment should continue to profit from the planned sale of parts of the portfolio and the associated reduction in risk exposures. The Equity investments segment will continue to concentrate on advising our small and medium-sized customers in meeting their equity financing requirements and its contribution to revenue is expected to develop at the same pace as in 2010. The measures taken in the Corporate Center segment to further reduce administrative overheads and scale back the investment book will generally have a positive impact on profit. 33 Group Management Report Owing to the duty, explained in more detail in the Notes, to replenish any hybrid capital that was consumed by losses accumulated in previous years, the Sparkasse KölnBonn Financial Group will only be able to recognise a small volume of provisions in its statement of financial position in the coming two years to cover its indirect obligations associated with the first liquidation company (Erste Abwicklungsanstalt) of WestLB AG. The replenishments will tend to burden the consolidated profit carried forward of the Sparkasse KölnBonn Financial Group and thus inhibit additions to the Group's revenue reserves. Cologne, 9 September 2011 Sparkasse KölnBonn The Board of Management Grzesiek Dr. Schmalzl Dr. Gröschel Dr. Siemons Voigt 34 35 IFRS Consolidated Financial Statements as at 31 December 2010 of Sparkasse KölnBonn Financial Group State of North Rhine-Westphalia District of Cologne Consolidated Income Statement for the Period from 1 January 2010 to 31 December 2010 Consolidated Income Statement for the Period from 1 January 2010 to 31 December 2010 01.01.-31.12.2010 01.01.-31.12.2009 Notes EUR EUR ’000 1. Interest income [34] 1,060,323,435.55 1,201,382 2. Interest expenses [34] 689,393,811.84 816,427 370,929,623.71 384,955 -90,736,120.12 -123,870 280,193,503.59 261,085 Net interest income prior to risk provisions 3. Risk provisions [11], [17], [35] Net interest income after risk provisions 4. Commission income [36] 177,786,979.85 164,255 5. Commission expenses [36] 15,297,971.40 14,870 162,489,008.45 149,385 6. Gain or loss on financial instruments measured at fair value through profit or loss [37] 72,589,724.56 71,495 7. Investment income [38] 2,545,175.30 -536 8. Result of associates recognised at equity [39] 1,469,364.75 -4,970 9. General administrative expenses [40] 473,751,438.05 487,090 10. Other operating income [41] 197,400,331.53 301,478 11. Other operating expenses [42] 185,259,759.90 269,170 -.-- - [33], [43] 18,348,773.57 21,330 76,024,683.80 43,007 7,687.15 -7 76,016,996.65 43,014 Net commission income 12. Earnings from discontinued operations 13. Income taxes Consolidated net profit or loss for the year Consolidated net profit or loss for the year attributable to minority interests Consolidated net profit or loss for the year attributable to the responsible body 36 Consolidated Statement of Comprehensive Income for the Period from 1 January 2010 to 31 December 2010 37 Consolidated Statement of Comprehensive Income for the Period from 1 January 2010 to 31 December 2010 The following statement reconciles the consolidated profit or loss carried forward to the consolidated comprehensive income for the period according to IAS 1.81 taking into account the related components of comprehensive income not affecting profit and loss (other comprehensive income for the period): 01.01.-31.12.2010 01.01.-31.12.2009 EUR EUR ’000 76,024,683.80 43,007 15,417,487.36 -1,846 16,364,741.20 -2,111 -947,253.84 265 75.47 29 Change in revaluation reserve through carrying amount of associates recognised at equity -859,750.00 -2,008 Change in revaluation reserve through deferred taxes not affecting profit and loss -445,076.02 16,672 Total other comprehensive income for the period 14,112,736.81 12,847 Comprehensive income for the period 90,137,420.61 55,854 Comprehensive income for the period attributable to minority interests 7,687.15 -7 Comprehensive income for the period attributable to the responsible body 90,129,733.46 55,861 Consolidated net profit or loss for the year Other comprehensive income for the period Change in revaluation reserve through financial instruments classified as Available for sale thereof fair value of financial instruments classified as Available for sale thereof reclassification to investment income from financial instruments classified as Available for sale Change in revaluation reserve through currency translation of nonmonetary financial instruments The tax effects for each component of other comprehensive income for the period are as follows: Reporting period in EUR Other comprehensive income for the period Available for sale financial instruments Currency translation of non-monetary financial instruments Adjustments to the carrying amount of associates recognised at equity not affecting profit and loss Total Before taxes Taxes After taxes 15,417,487.36 -445,076.02 14,972,411.34 75.47 -.- 75.47 -859,750.00 -.- -859,750.00 14,557,812.83 -445,076.02 14,112,736.81 Previous period in EUR’000 Other comprehensive income for the period Available for sale financial instruments Before taxes Taxes After taxes -1,846 16,672 14,826 29 - 29 Adjustments to the carrying amount of associates recognised at equity not affecting profit and loss -2,008 - -2,008 Total -3,825 16,672 12,847 Currency translation of non-monetary financial instruments Appropriation of Profits / Reconciliation as at 31 December 2010 Appropriation of Profits / Reconciliation Consolidated net profit or loss for the year attributable to the responsible body Contributions to the fund for general banking risks 76,016,996.65 43,014 -.-- - 47,236,367.03 - -.-- - 47,236,367.03 - Withdrawals from the funds for general banking risks -.-- - Withdrawals from hybrid financial instruments -.-- 16,843 Contributions to hybrid financial instruments Contributions to silent participations Total contributions Withdrawals from silent participations Total withdrawals Consolidated profit carried forward -.-- 19,522 -.-- 36,365 28,780,629.62 79,379 38 39 Consolidated Statement of Financial Position as at 31 December 2010 Consolidated Statement of Financial Position as at 31 December 2010 Assets Notes Reporting year EUR Prior year EUR ’000 [48] 328,395,914.25 691,891 1. Cash reserve 2. Claims on banks [16], [49] 2,652,344,753.64 1,650,606 3. Claims on customers [16], [50] 20,695,136,273.12 21,212,952 4. Risk provisions [11], [17], [52] -375,774,131.29 -381,968 5. Hedge derivatives -.-- - 6. Assets held for trading [18], [53] 1,319,809,337.03 2,130,164 7. Non-current assets held for sale [19], [54] 394,060,682.44 5,190 8. Financial assets [20], [55] 3,830,151,870.76 4,140,480 9. Investments in associates recognised at equity [21], [39], [56] 25,992,602.62 25,491 10. Property, plant and equipment [22], [57] 138,472,367.52 195,114 11. Investment property [23], [58] 380,301,644.52 510,240 12. Intangible assets [24], [59] 6,093,547.05 6,458 13. Current tax assets [33], [60] 28,795,875.72 48,126 14. Deferred tax assets [33], [61] 225,368,075.72 204,067 [62] 156,096,985.53 193,512 29,805,245,798.63 30,632,323 15. Other assets Total assets Liabilities and equity Notes Reporting year EUR Prior year EUR ’000 1. Liabilities to banks [27], [63] 5,744,795,567.75 6,272,133 2. Liabilities to customers [27], [64] 17,954,472,762.22 17,613,744 3. Liabilities held for trading [28], [65] 1,716,135,066.92 1,893,047 4. Securitised liabilities [27], [66] 1,684,226,121.58 2,242,665 5. Hedge derivatives -.-- - 6. Provisions [29], [30], [67] 328,215,235.90 323,690 7. Current tax liabilities [33], [68] 17,750,000.47 15,285 8. Deferred tax liabilities [33], [69] -.-- - 9. Subordinated capital [32], [70] 1,110,516,017.53 1,154,214 10. Other liabilities [72] 131,787,127.30 220,698 11. Liabilities held for sale [73] 126,776,786.49 - [74], [88] 990,571,112.47 896,847 a) Silent participations 330,477,960.74 330,479 b) Revenue reserves 501,480,120.64 418,396 -.-- - 12. Equity c) Fund for general banking risks d) Revaluation reserve [11] 80,434,471.73 66,322 e) Hybrid financial instruments [71] 49,377,056.91 2,141 [6] 20,872.83 130 28,780,629.62 79,379 29,805,245,798.63 30,632,323 f) Minority interests g) Consolidated profit carried forward Total liabilities and equity Statement of Changes in Equity Statement of Changes in Equity 2010 EUR million Balance as at 01.01.2010 Revenue reserves Fund for general banking risks Revaluation reserve Hybrid financial instruments Silent participations Equity Minority prior to interests minority interests Total equity 497.8 -.- 66.3 2.1 330.5 896.7 0.1 896.8 Dividends -.- -.- -.- -.- -.- -.- -.- -.- Contributions to silent participations -.- -.- -.- -.- -.- -.- -.- -.- Withdrawals from silent participations -.- -.- -.- -.- -.- -.- -.- -.- Contributions to hybrid financial instruments -.- -.- -.- 47.3 -.- 47.3 -.- 47.3 Withdrawals from hybrid financial instruments -.- -.- -.- -.- -.- -.- -.- -.- Withdrawals from the fund for general banking risks -.- -.- -.- -.- -.- -.- -.- -.- 28.8 -.- -.- -.- -.- 28.8 -0.1 28.7 -.- -.- 14.1 -.- -.- 14.1 -.- 14.1 3.7 -.- -.- -.- -.- 3.7 -.- 3.7 530.3 -.- 80.4 49.4 330.5 990.6 -.- 990.6 Equity Minority prior to interests minority interests Total equity Consolidated profit carried forward Other comprehensive income for the period Changes to the consolidated group and consolidation-related adjustments Balance as at 31.12.2010 Statement of Changes in Equity 2009 EUR million Balance as at 01.01.2009 Revenue reserves Fund for general banking risks Revaluation reserve Hybrid financial instruments Silent participations 418.2 -.- 53.5 18.8 -.- 490.5 0.1 490.6 Dividends -.- -.- -.- -.- -.- -.- -.- -.- Contributions to silent participations -.- -.- -.- -.- 350.0 350.0 -.- 350.0 Withdrawals from silent participations -.- -.- -.- -.- -19.5 -19.5 -.- -19.5 Contributions to hybrid financial instruments -.- -.- -.- -.- -.- -.- -.- -.- Withdrawals from hybrid financial instruments -.- -.- -.- -16.7 -.- -16.7 -.- -16.7 Withdrawals from the fund for general banking risks -.- -.- -.- -.- -.- -.- -.- -.- 79.4 -.- -.- -.- -.- 79.4 -.- 79.4 -.- -.- 12.8 -.- -.- 12.8 -.- 12.8 0.2 -.- -.- -.- -.- 0.2 -.- 0.2 497.8 -.- 66.3 2.1 330.5 896.7 0.1 896.8 Consolidated profit carried forward Other comprehensive income for the period Changes to the consolidated group and consolidation-related adjustments Balance as at 31.12.2009 40 Consolidated Cash Flow Statement Consolidated Cash Flow Statement 2010 2009 EUR ’000 EUR ’000 76,025 43,007 162,221 193,205 48,638 39,800 Adjustments to other non-cash items Income from the disposal of non-current assets -110,444 -9,430 -81,139 -16,791 Other adjustments (net) -355,526 -424,167 -1,020,501 -135,605 419,325 832,961 361,506 296,276 - 13,404 Consolidated net profit or loss for the year Non-cash items included in consolidated net profit or loss for the year and reconciliation of cash flows from operating activities Depreciation, amortisation, impairments and additions to receivables, property, plant and equipment, financial assets, intangible assets and investment properties Adjustments to provisions for pensions and other provisions and additions to provisions for the off-statement of financial position lending business Changes in assets and liabilities from operating activities after adjusting for non-cash elements Claims on banks Claims on customers Assets held for trading Non-current assets held for sale Other assets from operating activities Liabilities to banks Liabilities to customers 12,136 23,111 -406,519 -809,701 449,830 573,266 Securitised liabilities -596,050 -1,301,049 Liabilities held for trading -176,912 649,473 Liabilities held for sale Other liabilities from operating activities -128,681 -12,256 -84,819 1,026,422 1,237,452 -665,267 -845,583 Interest, dividends and tax payments Interest received Interest paid Dividends received 1) 8,844 5,002 -932 -15,842 -433,860 -291,450 Cash inflows from the disposal of financial assets 2) Cash inflows from the disposal of property, plant and equipment, investment properties and intangible assets Cash outflows for investments in financial assets 169,049 1,064 273,303 2,597 -5,003 -64,485 Cash outflows for investments in property, plant and equipment, investment properties and intangible assets Cash inflows from the disposal of consolidated entities less cash and cash -18,417 -18,091 - 6,015 - - 146,693 199,339 Cash inflows from additions to equity - 350,000 Cash inflows from the issue of subordinated capital - 6,594 -76,328 -53,590 - - -76,328 303,004 Income taxes Cash flow from operating activities equivalents disposed of 2) Cash outflows for the acquisition of consolidated entities less cash and cash equivalents acquired Cash flow from investing activities Cash outflows for the redemption of subordinated capital Other cash outflows Cash flow from financing activities 1) including dividends of associates recognised at equity 2) The effects of liquidating and deconsolidating special funds which were contained in the prior year under the item “Cash inflows from the disposal of consolidated entities less cash and cash equivalents disposed of” are reported under the line item “Cash inflows from the disposal of financial assets” in fiscal year 2010. The prior-year figures have been adjusted accordingly. 41 Consolidated Cash Flow Statement Cash and cash equivalents as at 1 January 2010 2009 EUR ’000 EUR ’000 691,891 480,998 Cash flow from operating activities -433,860 -291,450 Cash flow from investing activities Cash flow from financing activities 146,693 -76,328 199,339 303,004 Adjustments from changes in exchange rates and revaluations Cash and cash equivalents as at 31 December - - 328,396 691,891 The Consolidated Cash Flow Statement reconciles the cash and cash equivalents of the Sparkasse KölnBonn Financial Group at the beginning of the period with the cash and cash equivalents held at the end of the period by presenting the cash flows from • operating activities, • investing activities and • financing activities This corresponds to the statement of financial position item “Cash reserve“ (see Note [48]). The cash flow from operating activities are determined according to the indirect method. According to this the consolidated net profit or loss for the year is adjusted for the effects of non-cash income and expenses. Cash interest, dividend and tax payments are reported separately in accordance with IAS 7. Thereafter net profit/loss for the year is adjusted using the item “Other adjustments” to eliminate net interest and taxes recognised through profit or loss. The cash flow from investing activities shows cash inflows and outflows which generally relate to noncurrent investments or use thereof. For example, these include investments in securities which cannot be allocated to the Sparkasse KölnBonn Financial Group's trading activities or investments in land and buildings. The cash flow from financing activities shows changes in equity as a result of the issue or redemption of subordinated capital which, from a regulatory viewpoint, qualify as liable equity capital. The cash flow statement is prepared in accordance with IAS 1.7 in conjunction with IAS 7.1. There are no exemptions for banks pursuant to IAS 7.3. A bank's cash flow statement has limited informative value since it does not provide any information about the Bank's actual liquidity position. The cash flow statement does not replace the Sparkasse KölnBonn Financial Group's liquidity plan or financial plan, nor is it used as a controlling instrument. Please see Note [9] for more information on the disposal of assets and liabilities. 42 Notes to the Consolidated Financial Statements 2010 43 Notes to the Consolidated Financial Statements 2010 General ...............................................................................................................................................................47 [1] General Information about the Sparkasse KölnBonn Financial Group .......................................................47 [2] Accounting Policies ............................................................................................................................................47 [3] Declaration of Compliance with International Financial Reporting Standards .........................................48 [4] Applied International Financial Reporting Standards...................................................................................50 [5] Disclosures Relating to the Nature and Extent of Risks Arising from Financial Instruments .................51 [6] Consolidation Principles....................................................................................................................................51 [7] Consolidated Group ...........................................................................................................................................52 a) Subsidiaries ........................................................................................................................................................52 b) Associates recognised at equity......................................................................................................................54 [8] First-time Consolidation (Business Combinations).......................................................................................55 [9] Disposal of Consolidated Entities ....................................................................................................................55 [10] Significant Accounting Judgements and Estimates......................................................................................56 [11] Disclosures on the Accounting and Measurement of Financial Instruments ............................................57 a) Categories of financial instruments................................................................................................................57 b) Explanations of other measurement criteria .................................................................................................60 c) Risk provisioning for financial assets in the LAR category..........................................................................62 d) Embedded derivates .........................................................................................................................................64 e) Initial recognition and disposal of financial instruments ............................................................................64 f) Hedge accounting..............................................................................................................................................64 g) Disclosures on the use of the fair value option .............................................................................................65 [12] Revenue Recognition.........................................................................................................................................65 [13] Currency Translation ..........................................................................................................................................66 [14] Netting .................................................................................................................................................................66 [15] Government Grants ............................................................................................................................................67 [16] Claims on Banks and Customers ......................................................................................................................67 [17] Risk Provisions....................................................................................................................................................67 [18] Assets Held for Trading .....................................................................................................................................68 [19] Non-current Assets Held for Sale .....................................................................................................................68 [20] Financial Assets ..................................................................................................................................................68 [21] Investments in Associates Recognised at Equity ..........................................................................................69 [22] Property, Plant and Equipment ........................................................................................................................69 [23] Investment Property ..........................................................................................................................................70 [24] Intangible Assets ................................................................................................................................................70 Notes to the Consolidated Financial Statements 2010 44 [25] Leases...................................................................................................................................................................71 [26] Borrowing Costs..................................................................................................................................................72 [27] Liabilities to Banks and Customers and Securitised Liabilities ...................................................................72 [28] Liabilities Held for Trading................................................................................................................................72 [29] Provisions for Pensions and Similar Obligations...........................................................................................73 a) Direct Pension Obligations ..............................................................................................................................73 b) Indirect Pension Obligations ...........................................................................................................................74 [30] Other Provisions .................................................................................................................................................75 [31] Financial Guarantee Contracts..........................................................................................................................76 [32] Subordinated capital..........................................................................................................................................76 [33] Deferred and Current Taxes ..............................................................................................................................76 Notes to the Consolidated Income Statement .................................................................................................77 [34] Net Interest Income Prior to Risk Provisions..................................................................................................77 [35] Risk Provisions....................................................................................................................................................78 [36] Net Commission Income....................................................................................................................................80 [37] Gain or Loss on Financial Instruments Measured at Fair Value through Profit or Loss ...........................80 [38] Investment Income.............................................................................................................................................82 [39] Result of Associates Recognised at Equity.....................................................................................................83 [40] General Administrative Expenses ....................................................................................................................84 [41] Other Operating Income....................................................................................................................................86 [42] Other Operating Expenses ................................................................................................................................87 [43] Income Taxes.......................................................................................................................................................88 Segment Reporting ...........................................................................................................................................90 [44] Notes on Segment Reporting ...........................................................................................................................90 [45] Calculation of Segment Results........................................................................................................................92 [46] Segment Reporting ............................................................................................................................................93 [47] Reconciliation and Consolidation ....................................................................................................................94 Notes to the Consolidated Statement of Financial Position – Assets.............................................................98 [48] Cash Reserve .......................................................................................................................................................98 [49] Claims on Banks..................................................................................................................................................98 [50] Claims on Customers..........................................................................................................................................99 [51] Lending Volume............................................................................................................................................... 100 [52] Risk Provisions................................................................................................................................................. 101 Notes to the Consolidated Financial Statements 2010 45 [53] Assets Held for Trading .................................................................................................................................. 104 [54] Non-current Assets Held for Sale .................................................................................................................. 104 [55] Financial Assets ............................................................................................................................................... 107 [56] Investments in Associates Recognised at Equity ....................................................................................... 108 [57] Property, Plant and Equipment ..................................................................................................................... 109 [58] Investment Property ....................................................................................................................................... 111 [59] Intangible Assets ............................................................................................................................................. 113 [60] Current Tax Assets........................................................................................................................................... 115 [61] Deferred Tax Assets......................................................................................................................................... 115 [62] Other Assets ..................................................................................................................................................... 116 Notes to the Consolidated Statement of Financial Position – Equity and Liabilities ..................................117 [63] Liabilities to Banks .......................................................................................................................................... 117 [64] Liabilities to Customers.................................................................................................................................. 118 [65] Liabilities Held for Trading............................................................................................................................. 119 [66] Securitised Liabilities...................................................................................................................................... 119 [67] Provisions ......................................................................................................................................................... 120 a) Provisions for pensions and similar obligations........................................................................................ 120 b) Provisions for off-statement of financial position lending business ...................................................... 124 c) Other provisions ............................................................................................................................................. 125 [68] Current Tax Liabilities ..................................................................................................................................... 127 [69] Deferred Tax Liabilities ................................................................................................................................... 127 [70] Subordinated Capital ...................................................................................................................................... 128 [71] Hybrid Financial Instruments......................................................................................................................... 130 [72] Other Liabilities ............................................................................................................................................... 132 [73] Liabilities Held for Sale ................................................................................................................................... 132 [74] Equity ................................................................................................................................................................ 133 Other Disclosures ............................................................................................................................................134 [75] Quantitative Disclosures on Risk Management .......................................................................................... 134 [76] Net Result of Measurement Categories under IAS 39 ................................................................................ 138 [77] Fair Value of Financial Instruments............................................................................................................... 139 [78] Disclosures on the Fair Value Hierarchy pursuant to IFRS 7 ..................................................................... 140 [79] Reconciliation Pursuant to IFRS 7.28 ........................................................................................................... 147 [80] Maturity Analysis ............................................................................................................................................. 147 [81] Disclosures on the Use of the Fair Value Option for Financial Assets and Financial Liabilities ........... 150 [82] Contingent Liabilities and Other Commitments ......................................................................................... 151 Notes to the Consolidated Financial Statements 2010 46 [83] Notes to Leases................................................................................................................................................ 152 a) The Group as Lessee - Finance Leases ........................................................................................................ 152 b) The Group as Lessee - Operating Leases .................................................................................................... 153 c) The Group as Lessor - Operating Leases..................................................................................................... 154 [84] Securities Sale and Repurchase Transactions............................................................................................. 155 [85] Securities Lending Transactions ................................................................................................................... 156 [86] Assets Pledged as Security ............................................................................................................................ 156 [87] Assets Pledged as Collateral .......................................................................................................................... 157 [88] Capital Management ....................................................................................................................................... 158 [89] Risk Positions and Solvency Indicators........................................................................................................ 160 [90] Related Entities................................................................................................................................................ 161 [91] Related Persons............................................................................................................................................... 164 [92] Details on German Covered Bonds (Pfandbriefe)........................................................................................ 166 a) Mortgage Bonds (Hypothekenpfandbriefe)................................................................................................. 166 b) Public Sector Bonds (Öffentliche Pfandbriefe)............................................................................................ 168 [93] Average Number of Employees ..................................................................................................................... 170 [94] Auditors’ Fees .................................................................................................................................................. 170 [95] Shareholdings .................................................................................................................................................. 171 [96] Letters of Comfort............................................................................................................................................ 175 [97] Board Members................................................................................................................................................ 176 Auditors’ Report ..............................................................................................................................................184 Report of the Supervisory Board ....................................................................................................................185 Notes to the Consolidated Financial Statements 2010 General [1] General Information about the Sparkasse KölnBonn Financial Group Sparkasse KölnBonn, the parent company of the Sparkasse KölnBonn Financial Group, is a financial institution incorporated under public law with its headquarters at Hahnenstrasse 57, 50667 Cologne, Federal Republic of Germany. It has branches and various competence centres for asset management (VermögensCenter), real estate (ImmobilienCenter) and business clients (FirmenCenter) in the cities of Cologne and Bonn. Sparkasse KölnBonn's responsible body (Träger) is the special-purpose organisation, “Zweckverband Sparkasse KölnBonn”, whose members are the City of Cologne and the Federal City of Bonn. Sparkasse KölnBonn is entered in the commercial register of the District Court of Cologne under HRA 7961. Its fiscal year is the calendar year. Sparkasse KölnBonn is a universal financial institution with banking operations pursuant to § 1 KWG. In this connection, it provides financial services which, for the most part, comprise loans and deposits affecting the statement of financial position, though it also provides other services. As part of the SFinanzgruppe (Savings Banks Financial Group), it provides a range of building loan and investment products such as lease financing. The parent company Sparkasse KölnBonn has its main business operations in the banking business pursuant to § 1 Sec. 1 Clause 2 KWG. Its business partners are mainly customers in the Cologne/Bonn business region. Certain consolidated entities also operate in the equity investment and property business. The consolidated group is presented in Note [7]. The parent company, Sparkasse KölnBonn, issues listed bonds on the capital market and handles their market management. It is a long-term issuer of Pfandbriefs (a traditional kind of German covered bond). The required notification in accordance with the German Pfandbrief Act (Pfandbriefgesetz) was submitted to the Federal Financial Supervisory Authorities (Finanzdienstleistungsaufsicht) on 12 October 2005. Moreover, it trades in financial instruments with the main objective of hedging customer transactions and achieving a positive short-term proprietary trading result. [2] Accounting Policies In addition to the income statement, statement of comprehensive income, the statement of financial position, the cash flow statement, the consolidated financial statements of the Sparkasse KölnBonn Financial Group comprise the statement of changes in equity and the notes. As a capital marketoriented company, it also implements segment reporting pursuant to IFRS 8. The segment reporting is provided in Notes [44] to [47]. Pursuant to § 315a HGB the consolidated financial statements are supplemented by the Group management report as specified in § 315 HGB. Since August 2008, the Sparkasse KölnBonn Financial Group has qualified as a capital market-oriented company as defined by § 327a HGB and is therefore exempted from the requirement to submit a responsibility statement (Bilanzeid) as well as from the duty to publish its consolidated accounts within the shorter period of four months after the end of the fiscal year. The Board of Management has made this declaration voluntarily. Due to the fact that § 37z Sec. 1Wp HG frees the Group from the obligations under § 37v through to § 37y WpHG, the provisions on the annual and six-monthly financial report do not apply. Accounting and valuation are based on the assumption that the company is a going concern. Income and expenses are recognised and reported on a pro rata basis in the period in which they are incurred. Pro rata interest for financial instruments resulting from this matching principle is reported in conjunction with the underlying receivable or liability. Assets and liabilities are not offset against each other unless stated explicitly otherwise. Recognition and measurement methods are applied consistently. 47 Notes to the Consolidated Financial Statements 2010 References to HGB (Handelsgesetzbuch: German Commercial Code) relate to the HGB as amended by the introduction of BilMoG (Bilanzrechtsmodernisierungsgesetz: Accounting Law Modernization Act) which came into force on 29 May 2009. Pursuant to § 325 HGB in conjunction with § 328 HGB, the consolidated financial statements are submitted to the electronic Bundesanzeiger (Federal Gazette) (www.ebundesanzeiger.de). The consolidated financial statements were prepared by the Board of Management on 9 September 2011. The reporting currency is euro. Unless otherwise specified, all amounts are stated in thousands of euro (EUR ’000) and the figures have been rounded off as necessary using the business method. In isolated cases, this method has not been applied in order to ensure the arithmetical accuracy within the individual tables. [3] Declaration of Compliance with International Financial Reporting Standards The consolidated financial statements of the Sparkasse KölnBonn Financial Group for the 2010 fiscal year were prepared in accordance with § 315a HGB and International Financial Reporting Standards (IFRSs) and International Accounting Standards (IASs) published by the International Accounting Standards Board (IASB) as adopted by the European Union (EU). The interpretations of the International Financial Reporting Interpretations Committee (IFRIC) and the Standing Interpretations Committee (SIC) which are mandatory in the EU have also been observed. Moreover, the requirements of § 315a Sec. 1 HGB were complied with. Moreover, the following standards and interpretations were mandatory in fiscal year 2010: Improvements to IFRSs (May 2008) - Amendments to IFRS 5 Improvements to IFRSs (April 2009) Amendments to IAS 39: Eligible Hedged Items Amendments to IAS 27 - Consolidated and Separate Financial Statements IFRS 1 - First-time Adoption of International Financial Reporting Standards (revised in 2008) Amendments to IFRS 1: Additional Exemptions for First-time Adopters Amendments to IFRS 2: Group Cash-Settled Share-based Payment Transactions IFRS 3 – Business Combinations (revised 2008) IFRIC 12 – Service Concession Arrangements IFRIC 15 – Agreements for the Construction of Real Estate IFRIC 16 – Hedges of a Net Investment in a Foreign Operation IFRIC 17 – Distributions of Non-Cash Assets to Owners IFRIC 18 – Transfers of Assets from Customers The above standards and interpretations which had to be adopted in fiscal year 2010 did not have any significant impact on the consolidated financial statements. The amendments to IAS 24 – Related Party Disclosures issued by the IASB in 2009 were early adopted by the Sparkasse KölnBonn Financial Group in 2010. The standard setters have made application of these amendments mandatory for fiscal years beginning on or after 1 January 2011. The early adoption of these amendments did not have any significant impact on the consolidated financial statements. 48 Notes to the Consolidated Financial Statements 2010 In fiscal year 2010, the following standards and interpretations were not yet mandatory: Improvements to IFRSs (May 2010) Amendments to IAS 12: Recovery of Underlying Assets IAS 27 – Separate Financial Statements (amended 2011) IAS 28 – Investments in Associates and Joint Ventures (amended 2011) Amendments to IAS 32: Classification of Rights Issues Amendments to IFRS 1: Limited Exemption from Comparative IFRS Disclosures, Severe Hyperinflation and Revocation of Fixed Dates for First-time Adopters Amendments to IFRS 7 – Disclosures: Transfers of Financial Assets IFRS 9 – Financial Instruments IFRS 10 - Consolidated Financial Statements IFRS 11 – Joint Arrangements IFRS 12 – Disclosures of Interests in Other Entities IFRS 13 – Fair Value Measurement Amendments to IFRIC 14: Prepayments of a Minimum Funding Requirement IFRIC 19 – Extinguishing Financial Liabilities with Equity Instruments The Group did not early-adopt the above amendments and new standards and interpretations. IFRS 9 could result in significant changes to the accounting and measurement policies of the Group. Other changes in measurement policies could arise from the adoption of IFRS 13. IFRS 12 will result in extended disclosures. No significant impact on the consolidated financial statements is expected from the other standards and interpretations. An overview of the IFRS which have been applied (as at 31 December 2010) is provided in Note [4]. 49 Notes to the Consolidated Financial Statements 2010 [4] Applied International Financial Reporting Standards The consolidated financial statements of the Sparkasse KölnBonn Financial Group are based on the IFRS framework and the following IASs/IFRSs: Standard Title IAS 1 Presentation of Financial Statements IAS 2 Inventories IAS 7 Statements of Cash Flows IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors IAS 10 Events After the Reporting Period IAS 12 Income Taxes IAS 16 Property, Plant and Equipment IAS 17 Leases IAS 18 Revenue IAS 19 Employee Benefits IAS 20 Accounting for Government Grants and Disclosure of Government Assistance IAS 21 The Effects of Changes in Foreign Exchange Rates IAS 23 Borrowing Costs IAS 24 Related Party Disclosures IAS 27 Consolidated and Separate Financial Statements IAS 28 Investments in Associates IAS 31 Interests in Joint Ventures IAS 32 Financial Instruments: Presentation IAS 36 Impairment of Assets IAS 37 Provisions, Contingent Liabilities and Contingent Assets IAS 38 Intangible Assets IAS 39 Financial Instruments: Recognition and Measurement IAS 40 Investment Property IFRS 3 Business Combinations IFRS 5 Non-Current Assets Held for Sale and Discontinued Operations IFRS 7 Financial Instruments: Disclosures IFRS 8 Operating Segments IAS 11, 26, 29, 33, 34, 41, IFRS 1, 2, 4 and IFRS 6 have not been applied because they are of no relevance for the current consolidated financial statements of Sparkasse KölnBonn Financial Group. 50 Notes to the Consolidated Financial Statements 2010 [5] Disclosures Relating to the Nature and Extent of Risks Arising from Financial Instruments IFRS 7 requires the Sparkasse KölnBonn Financial Group to provide detailed information on the nature and extent of risks to which it is exposed as a result of financial instruments and on the necessary risk management procedures. (Please refer to the disclosures required by IFRS 7.31 to IFRS 7.42). It is also mandatory for group management reports which are prepared in accordance with § 315a HGB to include a risk report and an explanation of risk management processes. The Sparkasse KölnBonn Financial Group therefore decided to make the disclosures required under IFRS 7 – in addition to further quantitative disclosures in the notes – mainly in the framework of the group management report. This risk report is therefore an integral component of the consolidated financial statements pursuant to IFRS. Where IFRS 7 allows any further disclosures on financial instruments to be made either in the statement of financial position or the income statement or, alternatively, in the notes, the parent company, Sparkasse KölnBonn, has opted to make such disclosures in the notes. [6] Consolidation Principles The consolidated financial statements were prepared in accordance with IAS 27.24 using uniform accounting and valuation methods throughout the Group. Subsidiaries and special funds (Spezialfonds) which are subject to mandatory consolidation are consolidated using the purchase method. Under the purchase method of accounting, all of the subsidiaries’ assets and liabilities on the acquisition date or on the date when control of the entity is obtained are recognised at fair value and taking account of deferred taxes. Any hidden assets and liabilities which are uncovered are measured in accordance with the applicable standards in the subsequent period. The difference resulting from setting off the purchase price against the fair value of assets and liabilities is reported as goodwill under intangible assets. The carrying amount of goodwill is subjected to an impairment test at least once a year and if there are indications that impairment exists. If impairment is ascertained, an impairment loss is recognised. Pursuant to IFRS 3.53 acquisitionrelated costs are accounted for as expenses. Intercompany receivables and liabilities and all expenses, income and intercompany profits and losses originating from intercompany financial transactions and services are eliminated in the process of consolidating intercompany debts and profits and losses. Minority interests in the equity of subsidiaries not attributable to the parent company are reported as minority interests under equity unless they qualify as a liability under IAS 32. Associates and joint ventures are consolidated using the equity method pursuant to IAS 28.13 and IAS 31.38, unless they are immaterial for the presentation of the Group's net assets, financial position and results of operations. The same recognition and measurement methods applied by the Sparkasse KölnBonn Financial Group are applied at these entities. Such equity investments are reported under “Investments in associates recognised at equity”. The carrying amount of these equity investments is carried forward and recognised through profit or loss or directly in equity depending on the change in equity in the entity's financial statements due to the associate’s net profit/loss for the year or the changes in its revaluation reserve. Losses that exceed the share held by the Group in the entity recognised at equity are not recorded unless the Group has entered a legal or constructive obligation to make payments in place of the entity recognised at equity. 51 Notes to the Consolidated Financial Statements 2010 Shares in subsidiaries, associates and joint ventures which are not consolidated due to their immateriality are reported under financial assets at fair value, if this can be reliably ascertained, or at cost. [7] Consolidated Group a) Subsidiaries The subsidiaries, i.e. entities in which the parent company, Sparkasse KölnBonn, holds either directly or indirectly a majority of the voting rights or can otherwise control its financial or operating policy, are included in the consolidated group. When assessing whether Sparkasse KölnBonn controls an entity in this sense, the existence and effect of potential voting rights that are currently exercisable or convertible on the closing date are also considered. In addition, companies in which most of the risks and rewards of ownership accrue to Sparkasse KölnBonn are also included in the consolidated group. Initial recognition in the group of consolidated companies occurs on the date on which control is transferred to Sparkasse KölnBonn. Entities are deconsolidated or held as discontinued operations as soon as Sparkasse KölnBonn loses its controlling interest over them. Subsidiaries without any active operations or a low volume of activity are not consolidated on grounds of their immateriality for the presentation of the net assets, financial position and results of operations of the Group. Overall 18 affiliated domestic companies were not consolidated (prior year: 19). Together, these companies account for less than 0.1% of the total assets of the Group (prior year: 0.2%). Also in terms of their results of operations and net assets, these companies are immaterial, even taken together as a group. 52 Notes to the Consolidated Financial Statements 2010 In addition to the parent company, Sparkasse KölnBonn, the consolidated financial statements as at 31 December 2010 include 22 subsidiaries (prior year: 21). Seven entities which were included in consolidation as special purpose entities pursuant to IAS 27 and SIC-12 to date were liquidated and deconsolidated in fiscal year 2010: the security-based funds INKA–SK 1 to 5 and the security-based funds INKA-SK 66 and 67. Entities included in the consolidated financial statements of Sparkasse KölnBonn: BioCampus Cologne Grundbesitz GmbH & Co. KG, Cologne*) Campus Grundstücksentwicklungsgesellschaft mbH i. L., ´Cologne EUROFORUM Grundstücksentwicklungsgesellschaft mbH & Co. KG, Cologne*) GKS – Gesellschaft für KontoService mbH, Cologne GSE Grundstücksentwicklungsgesellschaft mbH & Co. KG, Cologne HC Bauprojektentwicklung GmbH & Co. KG, Cologne*) MMC Independent GmbH, Cologne Magic Media Company TV-Produktionsgesellschaft mbH, Cologne Paglos Grundstücksverwaltungsgesellschaft mbH & Co. Objekt Friedensplatz KG, Pöcking S MittelstandsKapital KölnBonn GmbH, Cologne S RheinEstate Grundbesitz GmbH & Co. KG, Cologne*) SAVOR Verwaltung GmbH & Co. Objekt Kalk KG, Cologne*) SK Equity Investment GmbH & Co. KG, Cologne*) SKB Invest GmbH & Co. KG, Cologne*) SKB Kapitalbeteiligungsgesellschaft KölnBonn mbH, Cologne SKBI Beteiligungsgesellschaft mbH & Co. KG, Cologne *) SKI Standort Köln-Immobilien GmbH & Co. KG, Cologne*) SKI Standort Köln-Immobilien GmbH & Co. Objekt Gottfried-Hagen-Strasse KG, Cologne*) SKI Standort Köln-Immobilien GmbH & Co. Objekt Im MediaPark KG, Cologne*) SKI Standort Köln-Immobilien GmbH & Co. Projekt Butzweilerhof KG, Cologne*) SRE GmbH & Co. Immobilien Bonn KG, Bonn*) S-ProFinanz KölnBonn GmbH, Cologne *) Pursuant to §264 b HGB use is made of the exemption from the duty to prepare and disclose audited annual financial statements and a management report in keeping with the provisions applying to stock corporations. In fiscal year 2010 S MittelstandsKapital KölnBonn GmbH was added to the consolidated group. 53 Notes to the Consolidated Financial Statements 2010 b) Associates recognised at equity In the reporting year, one material associate (prior year: 1) is accounted for using the equity method. There is an intention to dispose of one company in terms of IFRS 5 (prior year: 1) which was classified as a joint venture to date based on its articles of incorporation and recognised using the equity method in accordance with IAS 31.38. Consequently, it is now measured in accordance with IFRS 5.15 in conjunction with IAS 31.42. It is no longer presented as an entity measured using the equity method but under Non-current assets held for sale. Associates and Joint Ventures Percentage share CORPUS SIREO Holding GmbH & Co. KG (associate) 25,0 27 associates (prior year: 29) with a total carrying amount of approx. EUR 11.4 million (prior year: EUR 14.9 million) were not accounted for at equity as they are immaterial for a true and fair view of the net assets, financial position and results of operations of the Group. These were therefore accounted for in accordance with IAS 39. Please see Note [54] for two other associates (prior year: 0) which were accounted for in accordance with IFRS 5. The aggregated financial information of these companies in accordance with IAS 28.37(i) is shown in the following table: 31.12.2010 31.12.2009 EUR ’000 EUR ’000 Total assets 189,761 274,962 Total liabilities 167,904 215,477 Equity 21,857 59,485 Ordinary income 37,071 75,987 2,937 6,731 Net profit or loss for the period For another eight (prior year: 7) entities, in which the Sparkasse KölnBonn Financial Group holds at least 20.0% of the voting rights, there is no significant influence in terms of the criteria listed in IAS 28.7. Please see Note [95] for the complete list of the shareholdings of Sparkasse KölnBonn Financial Group. 54 Notes to the Consolidated Financial Statements 2010 [8] First-time Consolidation (Business Combinations) One subsidiary was included in the consolidated financial statements of Sparkasse KölnBonn for the first time in the fiscal year. On account of the change of the significance of S MittelstandsKapital KölnBonn GmbH for the Sparkasse KölnBonn Financial Group, it was first consolidated until after the date of acquisition. Sparkasse KölnBonn as the sole founding shareholder of S MittelstandsKapital KölnBonn GmbH, Cologne, has taken over 100.0% of the shares upon the foundation of SK Unternehmensbeteiligungsgesellschaft Köln mbH, as it was named at that time, in February 2002 for historical costs of EUR 8.5 million. The historical cost amounted to the capital assumed in the entity. There are no different voting rights. No debit differences arose from the acquisition. In the following years, the shareholder contributed further capital of EUR 1.0 million to the company. SK Unternehmensbeteiligungsgesellschaft Köln mbH has traded under the name of S MittelstandsKapital KölnBonn GmbH since mid 2010. The purpose of the company is primarily to acquire, hold, manage and sell venture capital investments as well as extend loans to entities in which it has invested venture capital. The Company operates its business as an integrated investment holding company in the definition of the law on investment holding companies (Gesetz über Unternehmensbeteiligungsgesellschaften - UBGG). Up until the date of first-time consolidation, impairment losses of EUR 2.7 million and revaluations of EUR 4.3 million not affecting profit and loss were posted directly against Group equity. In the course of the first-time consolidation, which took effect at the beginning of fiscal year 2010 on the basis of the shareholdings held on the founding date, the Company’s net results for the years of EUR 0.9 million that had accrued by 31 December 2009 were offset directly against Group equity without affecting profit and loss. In the reporting period, the Company reports revaluations of EUR 0.3 million not affecting profit and loss and a net result of EUR 0.4 million under IFRS. [9] Disposal of Consolidated Entities No subsidiary was sold and thus removed from the scope of consolidation as at the closing date (prior year: 2). For details on the deconsolidation of the security-based funds INKA–SK 1 to 5 and the security-based funds INKA-SK 66 and 67 see Note [55]. Information required under IAS 7.40 et seq. is shown in the following tables. 55 Notes to the Consolidated Financial Statements 2010 Consideration received 31.12.2010 31.12.2009 EUR ’000 EUR ’000 Consideration received by means of cash and cash equivalents (IAS 7.40 (b)) - 7,548 Individual components of other non-cash items of the consideration (IAS 7.43) - - Consideration received - 7,548 31.12.2010 31.12.2009 EUR ’000 EUR ’000 Cash and cash equivalents - 1,533 Claims on customers - - Property, plant and equipment - 12,500 Intangible assets - 4 Tax assets - 11 Other assets - 733 Total assets - 14,781 Liabilities to customers - 6,856 Provisions - 229 Tax liabilities - 137 Other liabilities - 6,428 Total liabilities and equity - 13,650 Net assets disposed of - 1,131 Assets and liabilities disposed of by sale Assets Liabilities [10] Significant Accounting Judgements and Estimates In many cases, the adoption of IFRS requires management to make assumptions and estimates which are based on a subjective assessment of future developments which inherently involve a degree of estimation uncertainty. Even if Sparkasse KölnBonn as the parent of the Sparkasse KölnBonn Financial Group has relied on the most likely estimates and forecasts of future events based on the information available, its historical experience, and other factors, such as its business planning, the actual events occurring in the future could deviate from these estimates. This could result in not insignificant risks to the net assets, financial position and results of operations. Estimation uncertainties primarily arise in the determination of fair values, particularly in the measurement of ABS transactions in fiscal year 2010, the measurement of the risk provisions (impairments), the determination of the expected useful life of certain bonus savings contracts, the calculation of deferred taxes and the determination of pension provisions and other provisions. Similar to the prior year, the fiscal year 2010 was affected by the crisis on the financial markets. Due to the fact that markets were partly inactive, the fair value of certain securities was determined using valuation models. The individual definition of significant measurement parameters is associated with discretionary judgment, which despite the exercise of due prudence, entails far greater uncertainty compared to the values that can be obtained on an active market (see Note [11] b)). 56 Notes to the Consolidated Financial Statements 2010 Where a large number of estimates were required, the assumptions on which they are made and the carrying amounts of the contracts and liabilities concerned have been explained in depth in the corresponding explanation of the items concerned. The assumptions and estimates as well as the underlying parameters and methods used are reviewed regularly and compared to the actual results. Risk provisions were recognised at two affiliated companies for the “Rheinparkmetropole” project (redevelopment of the old exhibition grounds in Cologne-Deutz to create an office and commercial park). These entities are both the tenants towards the owners but also lessors of the property to the actual users. Differences in the conditions between the primary leases and the sub-leases are very much to the detriment of the Sparkasse KölnBonn Financial Group. Although a great deal of prudence was exercised when measuring the risk provision for the “Rheinparkmetropole” project, there is still great uncertainty and a number of risks associated with the current stage of the project. [11] a) Disclosures on the Accounting and Measurement of Financial Instruments Categories of financial instruments A financial instrument is defined as a contract which leads to a financial asset for the one entity and a financial liability or equity instrument for the other entity.. Pursuant to IAS 39, all financial assets and liabilities, including derivatives, are recorded and categorised in accordance with IAS 39.9 and measured in line with the respective category. As the parent of the Group, Sparkasse KölnBonn determines the allocation of an instrument to a particular category. For the Group companies, the rules on this categorisation are laid out in the consolidation manual used to prepare the consolidated financial statements in accordance with International Financial Reporting Standards (IFRSs). The Sparkasse KölnBonn Financial Group allocates financial instruments on the basis of the characteristics of the financial asset or liability and after considering its investment strategy. According to IAS 39.9, financial assets should be classified as either • Financial Assets at Fair Value through Profit or Loss (AFV) • Held-to-Maturity Investments (HTM) • Loans and Receivables (LAR) and • Financial Assets Available for Sale (AFS). Financial liabilities are sub-classified into the categories • Financial Liabilities at Fair Value through Profit or Loss (LFV) • Other Financial Liabilities (OFL). According to internal guidelines, the category “Held to Maturity” (HTM) is not used in the Sparkasse KölnBonn Financial Group. 57 Notes to the Consolidated Financial Statements 2010 AFV/LFV: The category AFV/LFV comprises the two sub-categories • Financial Assets or Liabilities Held for Trading (AFV/LFV Trading), and • Financial Assets or Liabilities designated as at Fair Value through Profit or Loss (AFV/LFV Designated). The sub-category AFV trading is used for financial instruments which • meet the definition of a derivative financial instrument not used in a hedge relationship as defined by IAS 39.72 et seq., • are included in a trading portfolio, or • are generally held for sale in the near term. Depending on their measurement, financial instruments included in the AFV trading category are reported under assets or liabilities held for trading. The measurement and gains or losses on disposal are reported in the income statement under the trading result, which is a component of the item “Gain or loss on financial instruments measured at fair value through profit or loss”. With regard to interest payments and other interest components, the Sparkasse KölnBonn Financial Group avails itself of the option to report these under net interest income. According to IAS 39, it is possible to reclassify financial instruments from at fair value - held for trading (AFV) to loans and receivables (LAR). The Sparkasse KölnBonn Financial Group did not avail of this reclassification option. The fair value option also allows non-derivative financial instruments that are not held for trading to be voluntarily measured at fair value through profit and loss. Financial instruments are designated upon acquisition and this designation cannot be reversed at a later date unless • It involves a host contract with an embedded derivative that must be separated (IAS 39.11A) or • voluntary designation improves the informative value of the financial reporting. This is usually only the case if: a) The voluntary measurement at fair value eliminates or significantly reduces a measurement or recognition inconsistency that would otherwise arise from measuring assets or liabilities or recognising the gains and losses on them on different bases (avoiding an accounting mismatch – IAS 39.9(b)(i)). b) The financial instrument is part of a portfolio that is managed and reported at fair value for internal purposes in accordance with a documented risk management strategy (IAS 39.9(b)(ii)). Please see Note [81] for more information on the use of the fair value option at the Sparkasse KölnBonn Financial Group. The Sparkasse KölnBonn Financial Group reports the gain or loss on measuring designated financial instruments at fair value or on disposal under “Gain or loss on financial instruments measured at fair value through profit or loss” whereas the instruments are allocated to the respective category in the statement of financial position in accordance with their respective characteristics. Net interest income from these financial instruments is reported under interest income or interest expenses respectively. LAR category: The “Loans and Receivables” category includes all non-derivative financial instruments with fixed or determinable payments that are not quoted on an active market and there is no intent to sell them in the near future. Claims on customers from the primary lending business of the Sparkasse KölnBonn Financial Group are the main items allocated to this category. 58 Notes to the Consolidated Financial Statements 2010 Financial instruments in the category LAR are measured at amortised cost. When measuring amortised cost, impairment losses, if applicable, are posted to profit or loss. Debt surpluses or debt discounts and any capitalised transaction costs such as fees or commissions are spread over the term of the instrument to ensure a constant effective rate of interest with the interest component being recorded under net interest income. AFS category: The AFS category comprises all those non-derivative financial assets that are not classified as AFV or LAR. The assets are measured at fair value without affecting profit or loss. By contrast, surpluses or debt discounts and any capitalised transaction costs such as fees or commissions are spread over the term of the instrument to ensure a constant effective rate of interest with the interest component being recorded under net interest income. The revaluations (revaluation reserve) recorded under equity without affecting profit and loss are included in the income statement upon disposal or impairment of the financial instrument. With regard to impairment losses, Sparkasse KölnBonn reviews financial instruments in the AFS category for any indications of impairment at each closing date. The specific criteria used by the Sparkasse KölnBonn Financial Group for ascertaining any impairment of equity instruments in the AFS category are defined as follows: • A fall in fair value of 20% below their historical cost. It is not relevant here for what period this lower fair value threshold is breached. Rather, a closing date perspective is applied. • A permanent fall in the fair value of the instrument below its historical cost over a period of 12 months. The actual amount by which fair value decreases compared to historical cost is of no relevance here. Debt instruments in the AFS category are always measured on an item-by-item basis using the impairment criteria applied to receivables in the LAR category (see Note [11] c)). If the reasons for impairment no longer apply, the impairment is reversed but such reinstatement may not exceed the amortised cost of the instrument. For debt instruments the reversal is posted to profit and loss and for equity instruments it does not affect profit and loss. If the market value of an equity instrument in the AFS category cannot be reliably determined, it is measured at historical cost. In such cases it is not permitted to reinstate the original value of the instrument when the reasons for impairment no longer apply. The Sparkasse KölnBonn Financial Group applies this category primarily for its equity investments. OFL category: All financial liabilities that are neither trading liabilities nor voluntarily measured at fair value through profit or loss are allocated to this category. These liabilities are measured at amortised cost. Any surplus or debt discount and transaction costs are spread over the term of the instrument, or – if the counterparty has a right of termination – over the expected term of the instrument, using the effective interest rate method with the interest component being posted to net interest income. 59 Notes to the Consolidated Financial Statements 2010 b) Explanations of other measurement criteria Additions of financial assets and financial liabilities are measured at fair value, which, in most cases, generally corresponds to historical cost. Subsequent measurement depends on the category to which the instrument is allocated and is either at amortised cost or at fair value. Financial instruments which are measured at fair value through profit or loss or financial assets which can be sold at any time are always measured at fair value. As a result, financial instruments measured at fair value include derivative financial instruments, instruments held for trading as well as instruments designated under the fair value option. Apart from financial instruments in the AFV and LFV categories, interest income and expenses are recognised using the effective interest method. This involves calculating the interest component in such a way that the net present value of future payments corresponds to the carrying amount of the instrument upon acquisition. If it is not possible to reliably determine the timing of future payments, due to rights of termination for instance, the effective interest rate is calculated using the expected dates on which future payments will be made. The effective interest rate method considers standby fees, surpluses and debt discounts as well as any directly attributable transaction costs. Interest income from impaired financial assets in the LAR category is calculated by unwinding the discount of the carrying amount after the impairment using the original effective interest rate. Fair value is determined in accordance with the hierarchy laid out in IAS 39.48A. The fair value of an instrument is the amount for which a financial instrument could be exchanged between knowledgeable, willing parties in an arm's length transaction. The best reference for fair value is the quoted market price of an identical instrument on an active market. If the financial asset or liability is traded on an active market, the Sparkasse KölnBonn Financial Group applies the market price for measurement. Pursuant to IAS 36.6, IAS 38.8 and IAS 41.8 a market is deemed to be active in the sense of the IFRS if all the following conditions exist (IDW RS HFA 9 item 64): • the items traded within the market are homogeneous, • willing buyers and sellers can normally be found at any time, and • prices are available to the public. In line with the aforementioned criteria, a financial instrument is regarded as quoted in an active market under IAS 39.AG71 if • quoted prices are readily and regularly available from an exchange, broker, industry group, pricing service (Bloomberg, for example) or regulatory agency, and • those prices represent actual and regulatory occurring market transactions on an arm's length basis. On an active market, fair value generally corresponds to the historical cost of the instrument upon initial recognition. If there is no price currently quoted on an active market, the price of the latest transaction is used to determine fair value, provided there have been no significant changes in economic circumstances in the market since the time of the transaction. If there is no active market or if there are other assets than the financial instrument involved in the transaction, then fair value is calculated as • either the transaction price in other observable market transactions with similar instruments, • or using valuation techniques; input data should be based, where possible, on verifiable market sources. 60 Notes to the Consolidated Financial Statements 2010 The valuation techniques used by the Sparkasse KölnBonn Financial Group are customary valuation models used by the market (e.g. discounted cash flow, option price models). Valuation models are reviewed periodically and adjusted as necessary. They comply with accepted economic methods to measure financial instruments and take into account all factors market players would consider adequate when pricing the instrument. We have examined securities in the investment book to determine whether there was an active market on closing date or whether the market qualified as inactive. The market conditions on days shortly before or after closing date were also considered. An active market is assumed to exist if prices can be obtained from an exchange, a dealer or a pricing agency on a regular basis and these are based on current and regularly occurring transactions. Active markets were identified for publicly listed shares and government bonds. Securities traded on an active market are measured at fair value on closing date. However, particularly in light of the crisis on the financial markets, there were no active markets for large portions of the portfolio of interest-bearing securities. In these cases valuation models were applied, provided that there was no information available on the latest transactions in these or similar securities. The discounted cash flow (DCF) method was used as the valuation model. This method is based on discounting the cash flows expected from the respective security using an appropriate interest rate. The estimated cash flows are based on the terms and conditions governing the interest and repayments in the underlying contract. Cash flows from floating-rate instruments are estimated on the basis of forward interest rates. The likelihood of future defaults is covered by factoring in a risk premium in the discount rate. The discount rate comprises the risk-free rate and a risk markup (“spread”). When setting the parameters the conditions observable on the market were used first and foremost. The risk-free rate is therefore taken from the swap curve observable on the market for interbank trade in interest swaps. The spread generally consists of a premium for the issuer’s credit risk (credit spread) and a premium for the liquidity risk (liquidity spread). Credit spreads are determined on the basis of the industry, the respective rating and the term of the instrument. These are derived from the credit default swaps traded on the market or publicly traded bonds. With regard to the liquidity spread, the main feature of an inactive market is that a liquidity spread cannot be derived from actual market transactions. Sparkasse KölnBonn applies two different kinds of liquidity spread. The basis liquidity spread is used to ensure that no illiquid bonds display a lower liquidity spread than the average spread of liquid bonds of the same category now that the banking crisis has broken. For this purpose, the mean spreads between the bid and the asking price are analysed plus a simple standard deviation for the different categories of securities over the period beginning with the insolvency of Lehman Brothers. The basis liquidity spreads are reviewed regularly as part of the quality assurance for the measurement of securities. In addition, a liquidity spread that is independent of the issue is also applied if there is a defined difference to a reference price on the market. We have recognised shares in investment funds at fair value measured as the repurchase price under investment law. Portfolios of the Group’s own asset backed securities where there is no active market that can be used as a reference to determine fair value are measured using the following measurement procedure: If there are any market indications of the fair value of the securities from information providers or rating agencies, such as Markit or Bloomberg, then these are referred to for an assessment of fair value. At the same time, any valuations from the issuers of the instruments are drawn on to test the plausibility of the valuations and, if justified, used to measure fair value. 61 Notes to the Consolidated Financial Statements 2010 Moreover, the following valuation technique was also used: The expected cash flows are determined in each case by means of an individual review of the risk of counterparty default, any collateral given and the contractually agreed hierarchy of creditors. These cash flows are discounted using the credit spreads for the same or similar classes of assets offered by third parties (e.g. JPMorgan Chase & Co.). This involves using the spreads corresponding to the latest (instrument) rating unless there is any more recent information indicating otherwise. Changes in ratings are examined on a case-by-case basis and are considered in the valuation if they lead to a higher value. Existing bank valuations were drawn on to assess the plausibility of the measurements. In those cases where the bank valuation was lower than the values returned by the valuation techniques, the bank valuation was recognised in the consolidated financial statements as the bank prices already consider losses from repayments of interest and principal that are no longer expected. For OTC products, such as interest swaps, fair value is calculated as the net present value of future interest cash flows based on market rates. This involved applying the swap interest curves as at closing date which corresponds to the currency of the respective transaction. The fair value of options is determined using the universally accepted Black Scholes model. For index options and European interest options the Black Scholes formula is modified accordingly. The weighted average method was applied for products traded on the Eurex futures exchange. Financial instruments traded in an active market are always recognised at the price of the latest transaction. For all other financial instruments any difference between fair value and the transaction price (day one profit) on the date of acquisition is only posted to profit and loss to the extent that fair value can be substantiated by reference to other observable market transactions in the same instruments or is based on a valuation technique whose variables are all founded in observable market data. An unrealisable day one profit is only recognised subsequently if the gain originates from the change in another factor – primarily the residual term – which other market players would consider when pricing the instrument. An explanation of these differences can be found in Note [79]. Due to this ruling, no day one profit was recognised directly by Sparkasse KölnBonn. c) Risk provisioning for financial assets in the LAR category The Sparkasse KölnBonn Financial Group recognises any discernible risks from its lending business by creating specific risk provisions to cover the full risk of loss. Credit risks within a portfolio of receivables are accounted for by means of impairment losses created on the basis of uniform Group guidelines. Risk provisioning for a loan exposure is required when a loan is or expected to become delinquent and the debtor cannot meet his debt servicing obligations or it is likely that he will default on them. 62 Notes to the Consolidated Financial Statements 2010 Loan receivables are reviewed individually for impairment each closing date and also during the year by the Sparkasse KölnBonn Financial Group. According to the Group's internal guidelines, possible indications for an impairment test include: • Arrears or overdrawn accounts • Significant deterioration in the rating made by the internal credit rating system • Sudden drop in profits on the prior year • Falling sales revenues • Reduction in capital • Restructuring agreements • Application for insolvency protection • Profit warning • Any other indications from the early warning system that has been implemented to control the risk of counterparty default The risk provision corresponds to the difference between the carrying amount of the exposure and the present value of the expected future cash flows. These include not only the expected loan repayments but also any cash flows from drawing on collateral. No more interest is posted to profit and loss from the date of impairment. Rather, the expected cash flows are discounted using the original effective interest rate and the interest portion is spread over the expected term of the cash flows. The resulting interest from this unwinding procedure is recorded in net interest income through profit or loss. From an accounting perspective, unwinding is treated as a reduction of the risk provision. Risk provisions are released on an item-by-item basis in keeping with the individual development of the recoverability of the underlying receivable. The Sparkasse KölnBonn Financial Group accounts for any impairments of receivables in the LAR category that have occurred as at closing date but have not yet been individually identified by recognising risk provisions on a portfolio basis. The entire portfolio of LAR has been split into significant receivables and insignificant receivables. In terms of the line items in the statement of financial position pursuant to IFRS, most of these items are claims on banks and customers. The Sparkasse KölnBonn Financial Group distinguishes between significant and insignificant items on the basis of the distinction of risk-relevant business required by MaRisk. For this purpose, all receivables with a similar risk structure are combined into one portfolio in keeping with the internal risk controlling guidelines by customer group. Impairment is calculated on the basis of the likelihood of default, the carrying amount of the receivables based on a 12-month time horizon and the estimated loss. In order to quantify the incurred losses in the sense of IAS 39 the amount of the impairment calculated using the above method is adjusted by means of a correction factor. This correction factor reflects the loss identification period which is the maximum period between closing date and the identification of the loss in the course of the credit monitoring process (Loss Identification Period (LIP) factor). The Group has not recognised any portfolio-based specific valuation allowances. Where receivables of the LAR category are concerned, the total risk provisioning is reported as an adjustment of the related asset item under the caption “Risk provisions”. By contrast the risk provisioning for off-statement of financial position transactions (guarantees, loan approvals) is disclosed under liabilities as a provision for lending risks. In the income statement the cost of risk provisions is reported under “Risk provision”. Uncollectible receivables for which there is no specific risk provision are written off immediately. Later collections of debts previously written off as bad are credited to the “Risk provisions” account though profit or loss in the income statement. 63 Notes to the Consolidated Financial Statements 2010 d) Embedded derivates An embedded derivative is a component of a hybrid financial instrument that also includes the nonderivative host contract, with the effect that some of the cash flows of the combined instrument vary in a similar way to a standalone derivative. Provided the economic characteristics and risks of the embedded derivative are not closely related to the economic characteristics and risks of the host contract, and the instrument qualifies as an embedded derivative, it is recognised at fair value. In this case, either the fair value option is availed of and the entire hybrid (combined) contract is recognised as a financial asset or financial liability at fair value through profit or loss or the derivative is separated from the host contract and recognised at fair value as an independent instrument. In the Sparkasse KölnBonn Financial Group, all embedded derivatives subject to mandatory separation are covered by the fair value option. Due to the fact that the host contract and the derivative constitute a single legal unit, the entire financial instrument is reported under the statement of financial position item used for the host contract. Corresponding to IFRIC 9 a reassessment is only made of separating embedded derivatives if significant changes are made to the terms of the contract since its initial recognition. e) Initial recognition and disposal of financial instruments Corresponding to IAS 39.14 financial assets and financial liabilities are recognised if the Sparkasse KölnBonn Financial Group is a party to the contractual provisions of the instrument. The initial recognition of regular way purchases of financial instruments allocated to the AFV (AFV trading and AFV designated) or AFS category is on trade date (trade date accounting). Sparkasse KölnBonn recognises financial assets in the LAR category upon the transaction being settled (settlement date accounting). Financial assets are derecognised if the rights to the asset are extinguished. Financial assets are derecognised if the Sparkasse has assigned all the risks and rewards or the control over the financial asset. Financial liabilities are derecognised when they are extinguished, i.e. if the contractual obligations are settled, revoked or have expired. Comments on the issues of repurchase transactions and securities lending can be found in Note [84] and Note [85]. f) Hedge accounting The Sparkasse KölnBonn Financial Group does not apply the requirements of IAS 39 with respect to hedge accounting. 64 Notes to the Consolidated Financial Statements 2010 g) Disclosures on the use of the fair value option The Sparkasse KölnBonn Financial Group creates economic hedges by voluntarily designating the underlying instruments at fair value through profit and loss, i.e. it applies the fair value option to avoid an accounting mismatch pursuant to IAS 39.9(b)(i) in its IFRS financial statements. Such voluntary and irrevocable measurement of financial instruments at fair value upon initial recognition is permitted if this results in more relevant information (IAS 39.AG4B). The financial instruments measured in this way are allocated to the categories, “Financial Assets at Fair Value through Profit or Loss” or “Financial Liabilities at Fair Value through Profit or Loss” respectively. The Sparkasse KölnBonn Financial Group only undertakes such classification when this eliminates or significantly reduces an accounting mismatch in the measurement or recognition of profit and loss which would otherwise arise from measuring the financial asset or financial liability or recognising any related profit or loss using different measurement bases. An accounting mismatch depends on two criteria which the Sparkasse KölnBonn Financial Group fulfils and substantiates by corresponding documentation: • • There are financial assets or financial liabilities that are measured on different bases or whose profits and losses are recognised differently. There is a perceivable economic relationship between these financial assets and financial liabilities. The Sparkasse KölnBonn Financial Group makes great use of financial derivatives to manage its interest rate exposures. These financial derivatives are always measured at fair value through profit or loss whereas the hedged item is either not measured or measured at fair value through profit or loss. This results in an accounting mismatch. An economic relationship between the derivative and the underlying is assumed if the interest items are objectively and personally managed and controlled. Starting with the basis point value (BPV) of the derivative entered into to hedge the risk, spot positions are entered into with the aim of reducing the BPV. A secondary requirement is that the Value at Risk must also decrease after the fair value designation. The entire portfolio of interest-related financial assets and structured instruments issued by the Group are designated in the process. Other spot positions are designated on a case-by-case basis if the above criteria are met. With regard to the institution’s specific management of its interest exposures, Sparkasse KölnBonn does not always enter into financial assets and financial liabilities that would lead to an accounting mismatch on exactly the same date. IAS 39.AG4F allows for a reasonable delay when entering into the hedge. The maximum period for entering into a hedge within the context of managing interest rate exposures is 30 days of the initial recognition of the underlying and corresponds to the period for the regular adjustment of the interest exposure of the Sparkasse KölnBonn by the respective decisionmaking body. [12] Revenue Recognition Revenue is recognised when it is realised or realisable and its amount can be reliably determined. Interest from interest-bearing assets and liabilities is recognised proportionately over the term of the assets or liabilities concerned using the effective interest method and taking into account any deferred charges and fees as well as premiums or discounts. 65 Notes to the Consolidated Financial Statements 2010 [13] Currency Translation In accordance with IAS 21.23 all monetary assets and obligations denominated in foreign currency are translated into euro at the EuroFX exchange rate issued by Reuters on closing date. Forward exchange transactions are measured at net present value. The main inputs in this calculation involve the interest curves and exchange rates. Any gains or losses from the translation of non-monetary financial instruments of the AFS category are not posted to profit and loss. Income and expenses in foreign currency are translated using the exchange rate prevailing on the date of recognition. The most important exchange rates for the Group (for one euro) are as follows: 2010 2009 USD 1.3248 1.4326 GBP 0.8582 0.9040 CHF 1.2444 1.4880 JPY 108.1600 132.1600 The measurement gains or losses from currency translation are reported as a component of the item “Gain or loss on financial instruments measured at fair value through profit or loss” in net trading income. [14] Netting The Sparkasse KölnBonn Financial Group offsets financial assets and financial liabilities if there is a legally enforceable right to set off the recognised amount; and there is an agreement with the counterparty to settle on a net basis. 66 Notes to the Consolidated Financial Statements 2010 [15] Government Grants A consolidated subsidiary receives government funds for the production of films in its capacity as coproducer. These funds take the form of repayable loans that are paid out in accordance with the stage of completion of the project. The repayment of the loans depends on the success of the subsidised projects measured in accordance with the share in the profit agreed on in the pledge for government assistance. In order to monitor this share in the profit and to handle the cash flows, the company uses the services of specialised collection and payment agencies, which are customary in the industry. These companies distribute any income directly to the entitled parties, including government sponsors if applicable, and issue regular statements and billings. As in the prior year, no amounts were collected indirectly. However, cash and cash equivalents of EUR 45.0 thousand received in the fiscal year were recognised under other liabilities. The loans granted and the waiver of the need to repay them are attached to a number of conditions which can be fulfilled on the basis of what is known today. The collection will be posted through profit or loss as soon as these conditions are met. [16] Claims on Banks and Customers Claims on banks and claims on customers primarily consist of loans and advances to customers and banks that are not held for trading and also fixed-term and sight deposits and registered bonds. For a portion of these receivables Sparkasse KölnBonn avails itself of the fair value option to voluntarily measure them at fair value through profit or loss. Depending on the category to which they have been allocated the items are measured either at amortised cost (LAR) or at fair value (AFS and instruments designated as AFV). Net interest and any premiums or discounts on receivables released in the period are reported under net interest income. The other components of profit or loss from instruments voluntarily designated as “at fair value through profit and loss” are reported under “Gain or loss on financial instruments measured at fair value through profit or loss”. In the event of an impairment caused by a fall in the credit-rating, a provision for impairment is recognised on receivables in the LAR category by crediting the risk provision account. By contrast, receivables in the AFS category reported under this item are written down directly. [17] Risk Provisions Any impaired receivables in the LAR category are written down indirectly by creating a risk provision by Sparkasse KölnBonn Financial Group. Reference is made to Note [11] c) for more information on risk provisioning. 67 Notes to the Consolidated Financial Statements 2010 [18] Assets Held for Trading Financial instruments classified as AFV trading are reported under assets held for trading. These instruments involve derivatives – regardless of the purposes for which they were entered into – and other financial instruments that were acquired for trading purposes. For some of its product groups, the Sparkasse KölnBonn Financial Group trades in derivatives, primarily to hedge interest exposures, foreign exchange risks and market price fluctuations inherent in business with customers. The counterparties of the derivative financial instruments of the Sparkasse KölnBonn Financial Group are mainly German banks or financial institutes in OECD countries. Financial instruments in the AFV trading category are measured at fair value in the statement of financial position. Derivatives with a negative market value are disclosed as liabilities held for trading. Derivatives with a positive market value are reported as assets held for trading. Changes in the fair value of these financial instruments are posted to profit or loss. The gains or losses from fair value measurement or upon disposal are reported as a component of the “Gain or loss on financial instruments measured at fair value through profit or loss” in net trading income. Interest is reported in net interest income. [19] Non-current Assets Held for Sale In accordance with IFRS 5.38, non-current assets held for sale and disposal groups and their associated liabilities are reported separately from other assets in the statement of financial position. Such assets are only classified as “held for sale” if a decision has been made to sell the asset, an active programme to locate a buyer and to complete the plan to sell has been initiated and its sale is highly probable within 12 months of classification. The defining characteristic of these assets is that their carrying amount will be recovered principally through a sale transaction and not through their value in use. These assets are measured at the lower of carrying amount and fair value less costs to sell provided they are not excluded from the measurement criteria of IFRS 5 in accordance with IFRS 5.5. The reporting requirements of IFRS 5 apply to all assets. Entire operations have not been disposed of. Please see Note [54] for more information. [20] Financial Assets Financial assets include all securities and equity investments in the category “Available for Sale” (AFS) and “Financial Assets Designated at Fair Value through Profit or Loss” (AFV Designated). In addition to shares in non-consolidated subsidiaries and in associates not accounted for using the equity method and in other equity investments, all shares held and other non-fixed-interest-bearing securities are allocated to the AFS category. These financial instruments are measured at fair value in the statement of financial position if this can be reliably determined. Shares in non-consolidated subsidiaries and associates not measured using the equity method and other equity investments for which there is no active market, or the parameters for a valuation technique cannot be reliably determined, are measured at historical cost or the most recent carrying amount. 68 Notes to the Consolidated Financial Statements 2010 The fair value option is availed of for registered bonds and other interest-bearing securities to voluntarily measure them at fair value. Depending on their category, the Sparkasse KölnBonn Financial Group reports the gain or loss from such instruments under “Gain or loss on transactions designated as at fair value” as part of “Gain or loss on financial instruments measured at fair value through profit or loss” or under investment income. Current interest payments and dividend income is recognised under net interest income. Whereas the gain on the disposal of financial instruments in the AFS category is reflected in investment income, changes in the value of the instruments themselves are posted to the revaluation reserve under equity. Only impairment losses are recognised in profit or loss. Once the reasons for impairment no longer apply, equity instruments are not reversed through profit and loss in accordance with IAS 39.69. [21] Investments in Associates Recognised at Equity Investments in associates and joint ventures are recognised at historical cost and on the date when significant influence is obtained over the entity. They are subsequently measured using the equity method by which the carrying amount is rolled forward adjusted for any pro rata share in the equity movements of the associate. The pro rata share in the profits of the associate is posted to a separate item in the income statement. Where applicable, the carrying amounts of an associate are written down by impairment losses. [22] Property, Plant and Equipment Property, plant and equipment is recognised at historical cost. The carrying amount of property, plant and equipment is reduced by scheduled depreciation calculated using the straight-line method. The useful life of the assets takes into account physical wear and tear and technical obsolescence. Property, plant and equipment are depreciated over the following useful lives: Useful life Land Buildings Banking halls Furniture and fixtures Indefinite 15 to 33 years 10 years 3 to 25 years Leasehold improvements in rented buildings and leased assets to which Sparkasse KölnBonn has economic title, are depreciated over their remaining term of the lease, where this is not indefinite and of shorter duration than the useful life of the asset concerned. Depreciation is reported under general administrative expenses (Note [40]). An impairment loss is recorded if there is any impairment above and beyond systematic depreciation. Once the reasons for the impairment no longer apply, the assets are written up to amortised cost. Subsequent expenditure is capitalised under historical cost if it results in a future economic benefit for the entity. 69 Notes to the Consolidated Financial Statements 2010 Any assets of EUR 150.00 or less are immediately recorded in non-personnel expenses under “General administrative expenses”. Low-value assets with an acquisition cost of between EUR 150.00 and EUR 1,000.00 are capitalised under a catch-all account and depreciated over a period of five years with an effect on income under depreciation of operating equipment and furniture and fixtures. Gains from the disposal of property, plant and equipment are disclosed in the income statement under “Other operating income” and the corresponding losses under “Other operating expenses”. [23] Investment Property Investment property is property held to earn rentals or for capital appreciation and is recognised at historical cost less straight-line depreciation calculated over useful lives. Impairment losses are recorded in the event of a permanent impairment. The useful life of investment property ranges between 15 and 33 years. Pursuant to IAS 40 investment properties are disclosed in a separate item in the statement of financial position. Depreciation is reported under other operating expenses (Note [42]). Any rental income or gain or loss on disposal is posted under other operating income (Note [41]) or other operating expenses (Note [42]) respectively. [24] Intangible Assets Intangible assets generally comprise acquired and internally-developed software and derivative goodwill. Intangible assets are measured at amortised cost. Provided they do not represent goodwill, intangible assets are amortised on a systematic basis over their expected useful life. Development expenses incurred for internally generated intangible assets are capitalised if they meet the general recognition criteria of IAS 38.21 and all of the criteria stipulated in IAS 38.57. If the recognition criteria are not met, development expenses are recorded directly under “General administrative expenses” for the period. If the criteria are met, internally developed software is recognised at cost and amortised over its useful life. The capitalised costs mainly include personnel expenses for the people involved in the development. Amortisation is measured on a straight-line basis over the prospective useful life of the assets as listed in the following table: Useful life Purchased software 5 years Internally developed software 5 years Goodwill Indefinite Impairment losses are recorded on intangible assets if the future economic benefits expected to flow from the asset no longer match its carrying amount. Intangible assets are derecognised when a future economic benefit is no longer expected. A corresponding review is made each closing date. Amortisation and impairment losses are reported under “General administrative expenses” in the income statement. Any derivative goodwill is subjected to an impairment test at least once annually. 70 Notes to the Consolidated Financial Statements 2010 [25] Leases In IFRS accounting, a distinction is made between operating leases and finance leases. According to IAS 17 and IFRIC 4 a lease is allocated to either the lessor or the lessee on the basis of the risks and rewards incidental to ownership of the leased asset. A lease is classified as an operating lease if substantially all the risks and rewards incidental to ownership remain with the lessor. By contrast, a lease is classified as a finance lease when the risks and rewards incidental to ownership pass to the lessee. Sparkasse KölnBonn Financial Group as lessee The Sparkasse KölnBonn Financial Group acts as a lessee in both operating and finance leases. With regard to finance leases, the Sparkasse KölnBonn Financial Group recognises the leased asset under property, plant and equipment or investment property at the inception of the lease and simultaneously recognises a liability equal in amount to the present value of the future minimum lease payments or fair value, whichever is lower. The present value of the minimum lease payments is calculated on the basis of the interest rate implicit in the lease or the lessee’s incremental borrowing rate. This involves separating the lease instalments into a finance charge and a repayment of the borrowed capital. While the finance charge is charged against net interest income, the repayment portion reduces the outstanding liability. The lease instalments incurred for operating leases are posted to rental expenses under general administrative expenses. Rental expenses for furniture and fixtures, such as IT equipment, vehicles, and facilities are also posted to this item under general administrative expenses if they are related to an asset that is expensed under non-personnel expenses. Sparkasse KölnBonn Financial Group as lessor The Sparkasse KölnBonn Financial Group acts solely as a lessor in operating leases. In an operating lease the leased asset is recognised at amortised cost in the consolidated statement of financial position less the depreciation recorded over its useful life and any scheduled depreciation or impairments, provided the leased asset is not rented by the Financial Group itself within the framework of an operating lease (sub-lease). The rental income recognised in the period is posted to other operating income. Depreciation and impairment losses related to the assets are reported under general administrative expenses, provided that the leased assets are recognised under property, plant and equipment. If they concern investment properties, the charge is posted under other operating expenses. 71 Notes to the Consolidated Financial Statements 2010 [26] Borrowing Costs Upon publication by the IASB of the revised IAS 23 on 29 March 2007, borrowing costs that can be directly allocated to a qualifying asset must be recognised under the cost of the asset. The revised standard applies to the borrowing costs of qualifying assets which were acquired on or after 1 January 2009 or, likewise, the construction of the asset started on or after this date. The European Union endorsed the revised IAS 23 in December 2008. Any immediate recognition in profit or loss is now only permitted if the borrowing costs do not meet the criteria of IAS 23.8. In the reporting year there were no borrowing costs subject to mandatory capitalisation under IAS 23. [27] Liabilities to Banks and Customers and Securitized Liabilities Sparkasse KölnBonn measures its financial liabilities depending on the category to which they have been allocated at either amortised cost (other financial liabilities) or at fair value through profit or loss (voluntarily designated as AFV). Any premiums or debt discounts on instruments measured at amortised cost are released at a constant effective interest rate and posted to net interest income. The gain or loss on a premature repayment of securitised liabilities is posted to other operating income or other operating expenses accordingly. The gain or loss on interest payments is reported under net interest income. The other components of profit or loss from instruments voluntarily designated as “at fair value through profit and loss” are reported under “Gain or loss on financial instruments measured at fair value through profit or loss”. [28] Liabilities Held for Trading Financial instruments classified as LFV trading are reported under liabilities held for trading. These instruments involve derivatives – regardless of the purpose for which they were entered into – and other financial instruments that were acquired for trading purposes. For some of its product groups, the Sparkasse KölnBonn Financial Group trades in derivatives, primarily to hedge interest exposures, foreign exchange risks and market price fluctuations inherent in business with customers. The counterparties of the derivative financial instruments of the Sparkasse KölnBonn Financial Group are mainly German banks or financial institutes in OECD countries. Financial instruments in the LFV trading sub-category are measured at fair value in the statement of financial position. Derivatives with a negative market value are disclosed as liabilities held for trading. Changes in the fair value of these financial instruments are posted to profit or loss. The gains or losses from fair value measurement or upon disposal are reported as a component of the “Gain or loss on financial instruments measured at fair value through profit or loss” in net trading income. Interest is reported in net interest income. 72 Notes to the Consolidated Financial Statements 2010 [29] a) Provisions for Pensions and Similar Obligations Direct pension obligations Pension provisions have been created solely for defined benefit plans. These pension provisions were calculated using the projected unit credit method defined in IAS 19. This method considers current and future pension benefits known at the closing date as well as future anticipated salary and pension increases. Pension obligations for current and former members of the Board of Management, individual employees in active service or retired, and former civil servants employed by Sparkasse KölnBonn and their surviving dependents. The actuarial reports for direct pension obligations as at 31 December 2010 are based on assumed annual increases in salaries and pensions of 3.0% and 2.0% respectively (prior year: 3.00% and 2.00% respectively). A discount rate of 4.97% was applied in the calculation (prior year: 5.8%). As these obligations are not covered by plan assets, the obligation must be disclosed in full as a liability. In addition, Sparkasse KölnBonn has granted its employees the right to participate in a fund-based pension scheme. The employees acquire their right by converting a portion of the regular compensation into contributions to the scheme. When measuring this obligation a distinction is made between the actuarial calculations of the guaranteed pension obligation and of the variable portion. While the guaranteed portion is determined on the basis of the actuarial projected benefit obligation, the variable portion of the benefit obligation corresponds to the fair value of the units in the investment fund underlying the scheme and the risk reinsurance. Any over-performance of these reference assets, which in accordance with the pension plan the employees are entitled to, is recorded in the statement of financial position as an additional pension obligation to the extent that it exceeds the guaranteed portion of the pension plan. The actuarial report for the pension plan is based on an interest rate of 5.35% (prior year: 5.8%). The probability of employee churn has not been considered due to the structure of the pension plan. The assets set aside by Sparkasse KölnBonn to cover the pension obligations to employees and which have been pledged by the institution do not qualify as plan assets in the sense of IAS 19.7. Sparkasse KölnBonn applies the corridor method for any actuarial gains and losses arising from the required adjustments to the parameters used in the actuarial calculation. This means that actuarial gains and losses are only recorded as expense or income when the balance of the accumulated unrecognised actuarial gains and losses at the end of the previous reporting period exceeds 10% of the defined benefit obligation at this point in time. If this corridor is breached, the excess is spread over the average remaining working lives of the employees in the plan beginning in the following year with an effect on profit or loss. Any expenses arising from additions to pension provisions are charged to personnel expenses. No separate disclosure has been made for the interest expenses relating to vested pension obligations. The calculations are based on the 2005 G mortality tables of Professor Dr. Klaus Heubeck. 73 Notes to the Consolidated Financial Statements 2010 b) Indirect pension obligations Sparkasse KölnBonn is a member of the Rheinische Zusatzversorgungskasse (RZVK) welfare fund and the Zusatzversorgungskasse der Stadt Köln (ZVK) welfare fund and also belongs to the billing union I of the supplementary welfare funds (“Abrechnungsverband I der Zusatzversorgungskassen”) which allocates expenses among its members. The task of RZVK and ZVK is to provide the employees of its members supplementary retirement benefits, disability and surviving dependents benefits in keeping with its articles and the industrial agreement from 1 March 2002 (ATV-K). According to § 1 Sec. 1 Clause 3 BetrAVG, Sparkasse KölnBonn is indirectly liable to meet these additional benefit obligations (secondary liability from an indirect pension obligation). These pension obligations are multi-employer defined benefit plans as defined by IAS 19.7. There is an inherent difficulty in such allocation procedures of making any sensible allocation of the scope of the obligation, the plan assets and the costs attributable to the various members of the scheme, as required by IAS 19.29 “Defined Benefit Multi-Employer Plan”. This difficulty arises from the fact that the costs allocated to the various members or parties involved is based on their share in the vested pension obligations to be paid out by the fund. The same applies to the allocation of restructuring funds and supplementary contributions. Given that the allocation is based on an actuarial calculation, both plans contain a certain degree of risk-sharing as defined by IAS 19.32b. Common accounting practice in such cases is to apply IAS 19.30 which allows defined contribution accounting for defined benefit plans provided that additional disclosures are made. In fiscal year 2010 the allocation key for membership in the supplementary retirement benefit plan, RZVK, was 4.25% (prior year: 4.25%) of the qualifying emoluments (measurement base). As at 31 December 2000 the former comprehensive welfare plan was closed and replaced with a pointsbased company pension plan. RZVK levies a “restructuring fee” of 3.5% (prior year: 2.5%) of the measurement base under Art. 63 of its articles of association in addition to the cost allocations to partially finance the benefits which vested prior to 1 January 2002. The cost allocation and the restructuring fee are recalculated regularly on the basis of the weighted average coverage periods. RZVK assumes the total expense of 7.75% to be sufficient to attain a sustainable and constant allocation and restructuring fee. Additional pension contributions (Art. 64 of the articles of RZVK) to cover the step-by-step transition to a funded plan are not currently being levied. The total expenses arising from membership in RZVK in fiscal year 2010 amount to EUR 3.4 million (prior year: EUR 3.0 million). The qualifying emoluments amount to EUR 43.4 million (prior year: EUR 43.6 million). In the fiscal year the allocation key for membership in ZVK Cologne was 5.8% (prior year: 5.8%), of which 0.3% is paid by the employee. An additional contribution has been levied since 1 January 2003 to make the transition to a funded plan. In the past fiscal year, this additional contribution amounted to 3.2% (prior year: 3.2%). It is assumed that the total burden will remain constant at 9.0%. In the distant future (from the year 2030 onwards) it is assumed the burden will fall markedly due to the funded plan. The total expenses arising from membership in ZVK in fiscal year 2010 amount to EUR 12.2 million (prior year: EUR 12.1 million). The qualifying emoluments amount to EUR 134.3 million (prior year: EUR 134.0 million). Given the risks associated with the allocation method and demographic developments, a funding deficit or an increase in the contributions for the pension obligations of Sparkasse KölnBonn cannot be ruled out. 74 Notes to the Consolidated Financial Statements 2010 In order to determine the unfunded portion of the pension obligations arising from the scheme, the unfunded obligations of the scheme attributable to Sparkasse KölnBonn were calculated by identifying the net present value of the current plan deficit and crediting the fictitious funded portion. The calculations were based on the tables issued by RTZVK (ZVK), that were newly developed in fiscal year 2009 from the portfolios of the supplementary welfare fund of Bavarian municipalities and their cooperation partners, referring also to the 1998 mortality tables issued Klaus Heubeck (RZVK) as well as to an interest rate of 2.25% (prior year: 2.25%) according to the articles of association of RZVK and ZVK. As at closing date 31 December 2010, the value of all pension obligations arising from the RZVK and ZVK pension schemes calculated in this way amounts to EUR 405.7 million (prior year: EUR 398.4 million). After deducting the funded portion of 19.0% (RZVK) and 23.0% (ZVK) (prior year: 19.0% (RZVK) and 22.2% (ZVK)), the obligation amounts to approximately EUR 317.2 million (prior year: EUR 313.8 million). With regard to the comparability of the interest rate used to calculate the plan deficit with the direct benefit obligations we also disclose for informative purposes the amount that would have resulted using an interest rate of 4.97%. The sum in this case amounts to EUR 261.1 million or, after deducting the present value of the funded portion of 28.0% (RZVK) and 36.3% (ZVK), to approximately EUR 173.0 million. The possible obligations upon termination of the respective membership are reviewed regularly by Sparkasse KölnBonn. [30] Other Provisions The Sparkasse KölnBonn Financial Group has recognised other provisions for contingencies towards third parties and onerous contracts at the amount that is likely to be needed to settle the obligation taking account of the discernible risks and uncertainties. Non-current provisions are discounted if the effect of the time value of money is material. Moreover, this item contains provisions for welfare services and long-service bonuses. Additions of such provisions are posted through the corresponding item in the income statement for which the provision was created. Releases are reported in other operating income. Provisions for credit risks in off-statement of financial position lending business are credited to the risk provision for lending business and released there as well. In addition, other provisions contain obligations towards employees who have entered into phased retirement arrangements (Altersteilzeit). Any expenses arising from additions are charged to personnel expenses. The accounting of the phased retirement arrangements complies with Practice Statement HFA 3 issued by the Institute of Public Auditors in Germany, Düsseldorf (IDW) on 18 November 1998. Restoration and rebuild obligations towards third parties originating from leases are covered by corresponding provisions and by increasing the cost of the assets associated with restoration and rebuild obligations. They are expensed via the depreciation of the assets over their useful lives as well as via the discounted amounts of provisions shown at their present value. 75 Notes to the Consolidated Financial Statements 2010 [31] Financial Guarantee Contracts Financial guarantees are contracts which arise from a guarantee issued by the Sparkasse KölnBonn Financial Group to cover any default on a debt instrument issued to a third party. As consideration for the guarantee the Group generally receives a commission paid in instalments over the term of the guarantee. The net method is used when accounting for these guarantees. The commission is recognised in commission income on the date it falls due. In the event that a guarantee is likely to be drawn on, a provision of a corresponding amount is recognised and measured in accordance with IAS 37. In this case, no further commission income is recognised. [32] Subordinated Capital Subordinated liabilities and hybrid financial instruments are accounted for as subordinated capital. Please see Note [71] for more information on the hybrid components. Premiums and debt discounts increase or decrease the historical cost of such capital and are spread over the term of the instrument in net interest income. After initial recognition at cost, such instruments are subsequently measured at amortised cost unless the fair value option has been applied. [33] Deferred and Current Taxes Current tax receivables and liabilities are calculated using the current tax rates to arrive at the amount that can be expected to be paid or received from the tax authorities. Deferred taxes must be recognised on any temporary differences between the carrying amounts in the IFRS accounts and the tax base. Deferred taxes are calculated on the basis of the tax rate that is likely to apply on the date they reverse. Deferred tax liabilities are recognised for temporary differences which will lead to a tax expense upon reversal. A deferred tax asset is recognised if the reversal of a temporary difference is likely to lead to a tax credit in future. Deferred tax assets and deferred tax liabilities are not discounted. Together with current taxes, the income and expenses from deferred taxes are recorded in the income statement under “Income taxes”. Deferred taxes on temporary differences that arose without effect on income are also recognised without effect on profit and loss in the revaluation reserve. Deferred tax assets are recognised on unused tax losses if it is likely they will be used in a future period. The recoverability of deferred tax assets from temporary differences and unused tax losses is reviewed each closing date. Deferred tax assets and deferred income tax liabilities are offset, if the Sparkasse KölnBonn Financial Group has a legally enforceable right exists to set off deferred tax assets against deferred tax liabilities and the taxes relate to the same taxation authority. 76 Notes to the Consolidated Financial Statements 2010 Notes to the Consolidated Income Statement [34] Net Interest Income Prior to Risk Provisions Interest income and interest expenses break down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % Interest income from loans 945,000 1,021,299 -7.5 Interest income from debentures and other fixed-interest securities 100,745 153,476 -34.4 118 32 >100.0 8,356 11,436 -26.9 370 2,447 -84.9 Other interest income 5,734 12,692 -54.8 Total interest income 1,060,323 1,201,382 -11.7 Interest expenses from savings and deposits 162,625 249,881 -34.9 Interest expenses from debentures and hybrid financial instruments issued 289,250 377,354 -23.3 51,286 53,558 -4.2 2,444 1,001 >100.0 Other interest expenses 183,788 134,633 36.5 Total interest expenses 689,393 816,427 -15.6 Net interest income 370,930 384,955 -3.6 Interest income Dividends Income from equity investments Income from affiliated companies Interest expenses Interest expenses on subordinated capital Interest expenses on provisions Total interest income on assets that are not allocated to the AFV category amounts to EUR 951,821 thousand (prior year: EUR 1,034,224 thousand). Total interest expenses which are not allocated to the LFV category amount to EUR 530,780 thousand (prior year: EUR 693,860 thousand). Interest income from unwinding claims on which risk provisions have been recognised is included in interest income from loans. In the reporting year income from unwinding came to EUR 11,248 thousand (prior year: EUR 7,944 thousand). The components of net interest income originating from derivatives are contained in other interest income and other interest expenses respectively. In net terms, interest from derivatives led to an expense of EUR 125,238 thousand in the year under review (prior year: interest expense from derivatives of EUR 72,983 thousand). In gross terms, interest income from derivates amounts to EUR 885,247 thousand (prior year: EUR 1,175,490 thousand) and interest expenses from derivatives to EUR 1,010,485 thousand (prior year: EUR 1,248,473 thousand). 77 Notes to the Consolidated Financial Statements 2010 The spreads are as follows: in percent 2010 2009 on the basis of the average positions that must be credited 1.93 1.86 on the basis of total assets on closing date 1.24 1.26 [35] Risk Provisions Income and expenses attributable to the risk provision for the lending business developed as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % Additions to the risk provision -179,948 -185,154 -2.8 Releases of the risk provision 101,576 66,665 52.4 Direct write-downs -16,823 -17,134 -1.8 9,081 13,598 -33.2 -86,114 -122,025 -29.4 Expenses related to the creation of provisions for off-statement of financial position lending business -5,397 -2,713 98.9 Income related to the release of provisions for off-statement of financial position lending business 775 868 -10.7 -90,736 -123,870 -26.7 Collections of receivables previously written off as bad Risk provisions for lending business in the statement of financial position Total risk provisions The development of provisions for risks related to the off-statement of financial position lending business is shown in Note [67] b). 78 Notes to the Consolidated Financial Statements 2010 A breakdown of additions to the risk provision and the direct write-offs in the lending business on the face of the statement of financial position is as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 121,559 128,923 -5.7 Additions to specific valuation allowances 71,252 83,994 -15.2 Additions to portfolio-based allowances for impairment 44,726 40,025 11.7 5,581 4,904 13.8 Risk provisions for loans to private customers (LAR) 75,182 69,824 7.7 Additions to specific valuation allowances 55,806 52,645 6.0 8,134 4,949 64.4 11,242 12,230 -8.1 30 3,541 -99.2 Risk provisions for loans to corporate customers (LAR) Direct write-downs Additions to portfolio-based allowances for impairment Direct write-downs Risk provisions for loans and advances for claims to banks (LAR) Additions to specific valuation allowances Additions to portfolio-based allowances for impairment Direct write-downs Total - - . 30 3,541 -99.2 - - . 196,771 202,288 -2.7 The effect on profit or loss from the releases of the risk provision is broken down in the schedule of risk provisions under Note [52]. The total impairment loss on financial assets is shown under investment income (Note [38]). 79 Notes to the Consolidated Financial Statements 2010 [36] Net Commission Income Commission income and commission expenses break down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 95,885 89,621 7.0 8,357 11,409 -26.8 Security and investment portfolio business 43,306 35,859 20.8 Other commission business 30,239 27,366 10.5 Total commission income 177,787 164,255 8.2 73,821 76,731 -3.8 Current account and monetary transactions 9,417 9,170 2.7 Lending business 1,004 664 51.2 Security and investment portfolio business 4,247 4,272 -0.6 630 764 -17.5 15,298 14,870 2.9 1,025 671 52.8 162,489 149,385 8.8 Commission income from Current account and monetary transactions Lending business of which commission from financial instruments not measured at fair value through profit or loss Commission expenses from Other commission business Total commission expenses of which commission from financial instruments not measured at fair value through profit or loss Net Commission Income Commission income includes income from trust activities of the Sparkasse KölnBonn of EUR 112 thousand (prior year: EUR 131 thousand). Commission income includes expenses from trust activities of the Sparkasse KölnBonn of EUR 0 thousand (prior year: EUR 0 thousand). [37] Gain or Loss on Financial Instruments Measured at Fair Value through Profit or Loss The gain or loss on financial instruments measured at fair value through profit or loss breaks down as follows into the gain or loss on designated as at fair value transactions and the trading result. 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % Gain or loss on transactions designated as at fair value 21,485 117,417 -81.7 Trading result 51,105 -45,922 . Financial instruments measured at fair value through profit or loss 72,590 71,495 1.5 80 Notes to the Consolidated Financial Statements 2010 The gain or loss on transactions designated as at fair value breaks down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % -9,907 -2,594 >100.0 Claims on banks (AFV designated) -315 3.981 . Financial assets (AFV designated) 33,603 132,832 -74.7 Liabilities to customers (LFV designated) -9,728 -266 >100.0 -718 -1,998 -64.1 Debt instruments issued by the Bank (LFV designated) 4,847 -12,091 . Subordinated capital (LFV designated) 3,703 -2,447 . 21,485 117,417 -81.7 Gain or loss on measurement of disposal of Claims on customers (AFV designated) Liabilities to banks (LFV designated) Gain or loss on transactions designated as at fair value All financial instruments in the AFV category are measured at fair value. Fair value is measured using prices quoted on public exchanges. The fair value of products that are not listed on a public exchange is determined using suitable present value or option price models. In addition to the recognised gain or loss, the trading result also recognises the net measurement gain or loss in trading activities. The trading result breaks down as follows: Gain or loss from securities in the trading portfolio (AFV/LFV trading) Income from derivatives Thereof: result of derivatives not used for trading purposes Foreign exchange gain Trading result 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 7,594 23,332 -67.5 33,875 -62,248 . 10,147 -97,575 . 9,636 -7,006 . 51,105 -45,922 . The derivatives that are not held for trading stand in an economic relationship to financial instruments used under the fair value option. 81 Notes to the Consolidated Financial Statements 2010 [38] Investment Income Investment income reports the gain or loss on those financial assets, which correspond to the “Financial assets” item in the statement of financial position and can be allocated to the LAR and AFS category. In addition, the following table shows the gains and losses recorded in profit and loss from measuring long-term investments (not including financial assets designated as at fair value), shares in non-consolidated subsidiaries, and associates and investments not accounted for using the equity method. 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % Gain or loss from LAR financial assets 1,650 -1 . Gain on disposal 1,650 - . Loss on disposal - 1 -100.0 Impairment losses - - . Reversals of impairment losses - - . 947 -265 . Gain on disposal 3,982 33,455 -88.1 Loss on disposal 330 16,521 -98.0 2,705 17,199 -84.3 - - . 52 270 -80.7 2,545 -536 . Gain or loss from AFS financial assets Impairment losses Reversals of impairment losses Expenses from loss absorption Investment Income 82 Notes to the Consolidated Financial Statements 2010 [39] Result of Associates Recognised at Equity The result of associates recognised at equity originates from carrying forward associates at equity with the associated gains and losses posted either directly to equity or to profit and loss: 2010 2009 EUR ’000 EUR ’000 25,491 33,481 Additions - - Disposals -109 -1,012 Carrying amount rolled forward not affecting profit and loss -860 -2,008 Dividends - - Reclassifications between non-current assets held for sale and associates - - Other adjustments not affecting profit and loss 2 - -967 -3,020 1,471 -4,970 2 - 1,469 -4,970 25,993 25,491 Carrying amount as at 1 January Changes in carrying amount not affecting profit and loss Sub-total of changes in carrying amount not affecting profit and loss Changes in the carrying amount through profit or loss Share in the profit or loss for the year Impairments Sub-total of changes in carrying amount through profit or loss Carrying amount as at 31 December 83 Notes to the Consolidated Financial Statements 2010 [40] General Administrative Expenses General administrative expenses break down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % Personnel expenses 259,252 264,818 -2.1 Non-personnel expenses 192,406 203,289 -5.4 22,093 18,983 16.4 473,751 487,090 -2.7 Depreciation and amortisation Total Personnel expenses, non-personnel expenses and depreciation and amortisation break down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 195,486 204,861 -4.6 56,563 55,650 1.6 5,034 1,956 >100.0 Personnel expenses Wages and salaries Social security Post-employment expenses Other personnel expenses Total 2,169 2,351 -7.7 259,252 264,818 -2.1 Social security includes expenses for defined contribution plans of EUR 15,534 thousand (prior year: EUR 15,079 thousand). Please see the disclosures on provisions in Note [67] a) for more information on the presentation of pension expenses for defined benefit plans as defined by IAS 19.120A (g). 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 32,180 29,112 10.5 31,894 28,869 10.5 286 243 17.7 Rent and rent incidentals 22,027 23,827 -7.6 IT costs 49,308 54,170 -9.0 Non-personnel expenses Rental expenses of which unconditional rental expenses of which conditional rental expenses Other non-personnel expenses Total 88,891 96,180 -7.6 192,406 203,289 -5.4 84 Notes to the Consolidated Financial Statements 2010 Other non-personnel expenses include expenses for advertising, PR and promotion of EUR 12,325 thousand (prior year: EUR 13,176 thousand), mandatory contributions and corporate expenses of EUR 8,070 thousand (prior year: EUR 8,425 thousand) and legal expenses, consulting fees and audit fees of EUR 7,096 thousand (prior year: EUR 7,899 thousand) and services of EUR 32,589 thousand (prior year: EUR 38,664 thousand). In addition, other non-personnel expenses include expenses for training of EUR 2,019 thousand (prior year: EUR 2,451 thousand), expenses for savings bank cards and credit cards of EUR 7,950 thousand (prior year: EUR 7,804 thousand) and communication expenses and transport of EUR 6,577 thousand (prior year: EUR 6,556 thousand). 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 19,798 16,502 20.0 Depreciation and amortisation Depreciation of property, plant and equipment Amortisation of intangible assets Total 2,295 2,481 -7.5 22,093 18,983 16.4 Write-downs of investment properties are reported under other operating expenses (Note [42]). Impairment losses on Property, plant and equipment (Note [57]) and Investment property (Note [58]) were recognised in fiscal year 2010. Impairment losses on Intangible assets were not recognised in the reporting year (Note [59]). These losses are disclosed in the notes to these assets. 85 Notes to the Consolidated Financial Statements 2010 [41] Other Operating Income Other operating income consists of: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 187 30 >100.0 36,152 72,506 -50.1 - - . 16 396 -96.0 47,855 35,906 33.3 1,871 455 >100.0 39,623 29,204 35.7 6,361 6,247 1.8 2,287 57,190 -96.0 Write-ups of property, plant and equipment 1,229 52,779 -97.7 Write-ups of investment properties 1,058 4,366 -75.8 Write-ups of intangible assets - 45 -100.0 Income from employee transfers 10,750 11,316 -5.0 Income from land and buildings held for sale 11,338 7,507 51.0 3,502 18,535 -81.1 - - . Income from facility management services for film and television productions 37,848 37,841 0.0 Sundry other operating income 47,465 60,251 -21.2 197,400 301,478 -34.5 Gain on the sale of property, plant and equipment, intangible assets, and investment properties Income from the reversal of other provisions Income from the release of provisions for pensions and similar obligations Income from the repurchase of liabilities in the category OFL Rental income of which rental income from property, plant and equipment of which rental income from investment properties of which rental income from other rental agreements Write-ups Income from the release of accruals Income from claims waived Other operating income Rental income breaks down into non-conditional rental payments of EUR 47,653 thousand (prior year: EUR 35,825 thousand) and conditional rental payments of EUR 202 thousand (prior year: EUR 81 thousand). Rental income from other rental agreements which were previously contained in the rental income from investment properties and sundry other operating income is now presented separately from fiscal year 2010 onwards. The prior-year figures have been adjusted accordingly. 86 Notes to the Consolidated Financial Statements 2010 [42] Other Operating Expenses Other operating expenses consist of: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 61,255 93,801 -34.7 3,909 4,220 -7.4 Depreciation of investment properties 35,759 80,148 -55.4 of which systematic depreciation 15,581 9,231 68.8 of which impairment losses 20,178 70,917 -71.5 2,651 2,120 25.0 147 350 -58.0 4,501 7,677 -41.4 Expenses for real estate and project developments 10,885 9,041 20.4 Expenses from facility management services for film and television productions 22,503 11,439 96.7 Sundry other operating expenses 43,650 60,374 -27.7 185,260 269,170 -31.2 Additions to other provisions Expenses for purchased services Losses on the repurchase of liabilities in the category OFL Losses on the sale of property, plant and equipment, intangible assets, and investment properties Donations Other operating expenses The additions to other provisions chiefly comprise expenses for the “Rheinparkmetropole” project of EUR 21,350 thousand (prior year: EUR 40,244 thousand). These are explained in the segment reporting on the Location development/restructuring segment. From fiscal year 2010, facility management expenses related to film and TV productions, which had been included in the expenses for purchased services before, have been reported separately. The prioryear figures have been adjusted accordingly. 87 Notes to the Consolidated Financial Statements 2010 [43] Income Taxes Tax income breaks down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % -3,398 -26,876 -87.4 -2,037 -24,218 -91.6 Deferred income taxes 21,747 48,206 -54.9 Income taxes 18,349 21,330 -14.0 Current income taxes Of which from other periods The following table reconciles the imputed tax expense to the reported income tax expense: 2010 2009 EUR ’000 EUR ’000 57,676 21,677 Applicable tax rate 31.68% 31.6% Theoretical income tax expense -18,272 -6,850 4,883 30,374 -4,822 -17,956 6,553 - Change in trade tax base -3,439 -9,715 Recognition of deferred taxes not recognised in prior years 43,920 61,345 Current taxes relating to other periods -2,037 -24,218 Other tax effects -8,437 -11,650 Income taxes 18,349 21,330 Earnings before tax Zero-rated income (in particular income pursuant to § 8b KStG) Non-deductible operating expenses Effects of change in tax rates Deferred income taxes were calculated in 2010 using a combined income tax rate of 32.29% (prior year: 31.58%). This rate comprises corporate income tax (15.00%) plus the solidarity surcharge (5.50% of corporate income tax) plus trade tax of 16.46%. The difference between the applicable tax rate and the combined tax rate results from the changes in the trade tax rate that will take effect in the fiscal year 2011. After offsetting recognised deferred tax assets against deferred tax liabilities, the deferred tax assets resulting from tax loss carryforwards and temporary differences remaining for the Group as at 31 December 2010 amount to EUR 225,368 thousand. 88 Notes to the Consolidated Financial Statements 2010 Deferred taxes are measured on the basis of the earnings projections for the following fiscal year to the extent that taxable income will be generated by the Group entity concerned against which the respective deferred taxes from tax loss carryforwards and temporary differences can be used. Deferred taxes were not recognised on loss carryforwards at Group entities of EUR 201,827 thousand for corporate income tax purposes and EUR 318,482 thousand for trade tax purposes (prior year: EUR 187,025 thousand for corporate income tax purposes and EUR 306,116 thousand for trade tax purposes). As the parent company of the Group, Sparkasse KölnBonn basically assumes that all tax claims can be realised over the course of time. However, a longer planning horizon is necessary to determine this. Owing to the uncertainties related to the development of the financial markets and the general rise in planning uncertainty over the course of time, appropriate risk discounts were made also for planning years beyond the 5-year projection period when measuring the deferred tax assets of Sparkasse KölnBonn. The various annual risk discounts consider the rise in planning uncertainty over the course of time. Due to rising uncertainty forecasts will not be made for more than 10 years. At the level of Sparkasse KölnBonn, the amount of net deferred tax assets recognised was EUR 223,845 thousand (prior year: EUR 206,000 thousand) at 31 December 2010. 89 Notes to the Consolidated Financial Statements 2010 Segment Reporting [44] Notes on Segment Reporting As in prior years, Sparkasse KölnBonn has also applied IFRS 8 “Operating Segments” in 2010. Following the management approach of IFRS 8 the results reported in the segment reporting are based on the operating segments contained in the internal management reporting system of Sparkasse KölnBonn. This reflects the organisation and reporting structures of Sparkasse KölnBonn and assists the “chief operating decision makers”, the Board of Management, in measuring results and allocating resources. The operating business of Sparkasse KölnBonn is divided into the following segments: • Individual customers • Private customers • Corporate customers • Location development / restructuring • Equity investments • Corporate Center The business activity of Sparkasse KölnBonn is concentrated on the economy of the Cologne/Bonn region due to the regional structure of the organisation. As reporting on the basis of geographical segments generally corresponds with the Group’s segment reporting by operating activities, no disclosure has been made on geographical segments. Due to the fact that Sparkasse KölnBonn does not earn more than 10% of its entire income from just one customer and is therefore not in a dependent relationship pursuant to IFRS 8.34, no breakdown has been made of major customers. The Individual customers segment comprises the activities of Sparkasse KölnBonn in the fields of private banking and institutional customers. These activities include consulting of both wealthy private customers and also institutional customers, such as municipal organisations and insurers. The revenue streams in the Individual customers segment are as follows: EUR million 2010 2009 Lending business 37.1 36.8 Deposit business 19.3 21.2 Securities 11.9 14.8 Monetary transactions 3.0 2.5 Other 2.0 3.2 73.3 78.5 Total income The Private customers segment comprises customer business at all branches, asset management centres and real estate centres of the Group. Sparkasse KölnBonn provides its private customers, wealthy customers and smaller businesses an entire portfolio of primary banking business. 90 Notes to the Consolidated Financial Statements 2010 The revenue streams in the Private customers segment are as follows: EUR million 2010 2009 Lending business 114.1 107.1 Deposit business 85.0 95.4 Securities 32.2 36.2 Monetary transactions 66.1 62.7 Other 32.3 24.9 329.7 326.3 Total income The Corporate customers segment includes all activities of Sparkasse KölnBonn with medium-sized to large corporate customers. In addition to lending business, this segment also includes hybrid and derivative products. The revenue streams in the Corporate customers segment are as follows: EUR million 2010 2009 Lending business 128.0 123.1 Deposit business 24.3 26.2 4.3 6.0 13.5 13.2 8.6 6.2 178.7 174.7 Securities Monetary transactions Other Total income Investments in real estate which are aimed at improving the quality of the region in which Sparkasse KölnBonn does its business are generally allocated to the Location development/restructuring segment. These are either held directly by Sparkasse KölnBonn or indirectly by its subsidiaries. In light of the conscious concentration of the Group on its core banking business, the Board of Management of Sparkasse KölnBonn decided to downsize this segment. Moreover, this segment does not meet the criteria to qualify as non-current assets held for sale or a disposal group under IFRS 5. If individual assets meet these criteria, they are reported under 7 “Non-current assets available for sale”. The Location development/restructuring segment also includes those expenses incurred under IAS 1.86, more information can be found in Note [42]. In the Investments segment a distinction is made between the investments held for strategic purposes by Sparkasse KölnBonn Financial Group and those held for profit and loans qualifying as equity substitutes. A significant contribution to earnings in 2010 was generated by the significant increase in the price of the shares of GAG AG. As a result, it was possible to avoid recording a corresponding impairment loss within the equity investments of the Sparkasse. The Corporate Center segment includes the corporate management function of Sparkasse KölnBonn. The main revenue and cost streams related to the Corporate Centre are the yield on equity, the maturity transformation and streams from the Bank’s own deposits and overheads that cannot be allocated to any other operating segment. 91 Notes to the Consolidated Financial Statements 2010 [45] Calculation of Segment Results The segment information disclosed in this report is mainly based on the management reporting system used for internal controlling purposes, the profit and loss accounts of the segments. This is based on the accounting standards applying to a comparison of operations which are oriented on the guidelines of the Sparkasse KölnBonn Financial Group. The valuation techniques used to compare operations are identical to those used in German HGB. As a consequence, there are measurement and reporting differences between the segment result and the consolidated net profit or loss under IFRS. A reconciliation of segment results to the results of the Group under IFRS can be found in the separate reconciliation below. Income and expenses are allocated to segments on the basis of their point of origin. Net interest income is broken down using the market interest rate method. As a result of this approach, no separate presentation of interest income and interest expenses has been made. Moreover, net interest income represents the main revenue stream of Sparkasse KölnBonn. General administrative expenses contain personnel expenses, other administrative expenses and nonpersonnel related items, depreciation and amortisation as well as any impairment losses recorded on intangible assets and property, plant and equipment. Intersegment results are considered on the basis of transfer prices that were set previously. The distribution of the risk provisioning of lending exposures to the various segments is performed with the aid of a risk database which allocates the costs of risk to the point of origin. Segment assets contain the cash reserve, claims on banks and customers, trading assets, financial assets and shares in associates. The segment assets reported for the Location development/restructuring segment are the fair values of the assets reported to the chief decision makers. Expenses of internal functions that are not allocated to their own profit centre are generally allocated to the operating segments on the basis of volume-oriented or product-oriented allocation algorithms or fixed percentages. 92 Notes to the Consolidated Financial Statements 2010 [46] Segment Reporting Segment Reporting of the Sparkasse KölnBonn Financial Group 2010 EUR million Individual customers Private customers Corporate customers 55.1 195.0 142.8 -3.4 -27.4 -30.8 -44.3 Net interest income after risk provisions 27.7 164.2 Net commission income 16.5 Net interest income Risk provision / measurement Gain or loss on financial instruments measured at fair value through profit or loss*) Investment income Administrative expenses Net other operating income/expenses Operating result Segment assets (gross) Location development / restructuring Equity investments Corporate Center Total reported segments 3.0 35.3 427.8 -15.6 -15.1 29.1 -104.1 98.5 -19.0 -12.1 64.4 323.7 120.4 33.5 -.- -.- 2.2 172.6 1.0 2.7 0.4 -.- -.- 20.8 24.9 -.- -.- -.- -.- -.- -.- -.- -20.9 -284.7 -58.2 -0.1 -0.7 -69.2 -433.8 0.7 11.6 2.0 -7.1 3.9 -55.5 -44.4 25.0 14.2 76.2 -26.2 -8.9 -37.3 43.0 4,467.9 7,058.5 9,206.5 92.1 807.3 7,608.8 29,241.1 Corporate Center Total reported segments *) in the segments reported here this corresponds to the net result from financial transactions under HGB. Segment Reporting of the Sparkasse KölnBonn Financial Group 2009 EUR million Individual customers Private customers Corporate customers 56.2 198.4 140.1 -10.8 11.1 53.2 448.2 -23.8 -29.2 -56.3 -90.3 -73.8 10.9 -262.5 Net interest income after risk provisions 32.4 169.2 83.8 -101.1 -62.7 64.1 185.7 Net commission income 16.3 101.1 30.3 -.- -.- 1.5 149.2 5.3 14.5 2.2 -.- -.- 2.0 24.0 -.- -.- -.- -.- -.- -.- -.- -24.2 -292.3 -61.4 -0.3 -0.5 -76.2 -454.9 0.6 12.3 2.0 -19.4 57.9 -56.2 -2.8 30.4 4.8 56.9 -120.8 -5.3 -64.8 -98.8 4,623.6 7,675.8 9,765.2 116.5 780.2 6,916.3 29,877.6 Net interest income Risk provision / measurement Gain or loss on financial instruments measured at fair value through profit or loss*) Investment income Administrative expenses Net other operating income/expenses Operating result Segment assets (gross) Location development / restructuring Equity investments *) in the segments reported here this corresponds to the net result from financial transactions under HGB. 93 Notes to the Consolidated Financial Statements 2010 [47] Reconciliation and Consolidation The internal management reporting system of Sparkasse KölnBonn is not based on IFRS accounting standards. For this reason, reconciliation to the result of the Group under IFRS is required. In addition, in the internal management reporting system, the Location development/restructuring segment and the Equity investments segment also report the results of subsidiaries included in the consolidated financial statements. Thus, the results of the subsidiaries concerned need to be eliminated in the course of the reconciliation. The reconciliation for fiscal year 2010 is as follows: EUR million Net interest income Total reported segments Reclassifications Measurement and consolidation Total for the Group 427.8 15.0 -71.9 370.9 -104.1 14.7 -1.3 -90.7 Net interest income after risk provisions 323.7 29.7 -73.2 280.2 Net commission income 172.6 -14.1 4.0 162.5 24.9 10.9 36.8 72.6 -.- -62.0 66.0 4.0 -433.8 6.5 -46.5 -473.8 -44.4 -23.8 80.4 12.2 43.0 -52.8 67.5 57.7 29,241.1 -.- 4.8 29,245.9 Risk provision / measurement Gain or loss on financial instruments measured at fair value through profit or loss*) Investment income**) Administrative expenses***) Net other operating income/expenses****) Consolidated net profit or loss for the year before income taxes Segment assets (gross) *) in the segments reported here this corresponds to the net result from financial transactions under HGB. **) including the result of associates of EUR 1.5 million ***) including depreciation of property, plant and equipment of EUR 19.8 million. ****) including depreciation of investment properties of EUR 35.8 million. 94 Notes to the Consolidated Financial Statements 2010 The reconciliation for fiscal year 2009 was as follows: EUR million Net interest income Total reported segments Reclassifications Measurement and consolidation Total for the Group 448.2 -2.4 -60.9 384.9 -262.5 168.9 -30.3 -123.9 Net interest income after risk provisions 185.7 166.5 -91.2 261.0 Net commission income 149.2 -8.8 9.0 149.4 24.0 -29.6 77.1 71.5 -.- -47.1 41.6 -5.5 -454.9 -3.5 -28.7 -487.1 -2.8 -82.7 117.9 32.4 -98.8 -5.2 125.7 21.7 29,877.6 -.- -20.8 29,856.8 Risk provision / measurement Gain or loss on financial instruments measured at fair value through profit or loss*) Investment income**) Administrative expenses***) Net other operating income/expenses****) Consolidated net profit or loss for the year before income taxes Segment assets (gross) *) in the segments reported here this corresponds to the net result from financial transactions under HGB. **) including the result of associates of EUR -5.0 million ***) including depreciation of property, plant and equipment of EUR 16.5 million. ****) including depreciation of investment properties of EUR 80.1 million. The net interest income of the reporting segments in fiscal year 2010 amounts to EUR 427.8 million (prior year: EUR 448.2 million). At Group level the net interest income after reclassifications and the effects of measurements and consolidation adjustments amounts to EUR 370.9 million (prior year: EUR 384.9 million). The reclassifications are due to differences in the presentation between the internal management reporting system, which is based on German HGB, and the IFRSs. Generally, these relate to interest income from derivatives that are allocated to the gain or loss on financial instruments measured at fair value through profit or loss in the reporting segments. In addition, measurement effects result from the different policies applied under HGB and IFRS, in particular with regard to the different accounting treatment of profit participation rights (effect of EUR -23.7 million). In addition, income of EUR 11.3 million arises from unwinding impairments recognised under IAS 39 (prior year: EUR 7.9 million). The effect of measuring claims and receivables at amortised cost results in EUR 14.0 million (prior year: an expense of EUR -27.6 million). Moreover, a measurement effect of EUR 0.4 million (prior year: EUR 11.0 million) is due to the amortisation of hedge adjustments associated with the adoption of IFRS pursuant to IFRS 1 IG 60A. Other effects totalling EUR -6.0 million (prior year: EUR -6.2 million) originate from the interest expense that needs to be reported under IFRS for properties acquired under finance leases. These properties do not need to be recognised under the German Commercial Code. Consequently the related expenses are posted to general administrative expenses. Other measurement effects total EUR -6.2 million (prior year: EUR 7.9 million). The consolidation of the interest items of subsidiaries results in measurement effects of EUR -28.7 million (prior year: EUR -18.4 million). 95 Notes to the Consolidated Financial Statements 2010 The risk provision for the reporting segments amounts to EUR -104.1 million (prior year: EUR 262.5 million). Reclassification effects from IFRS originate mainly from differences in the presentation of write-downs of securities (gain or loss on financial instruments measured at fair value through profit or loss) and investments (net result of financial investments). The measurement differences are primarily due to lower specific valuation allowances (prior year: higher specific valuation allowances) under IFRS and higher portfolio-based allowances under IFRS in comparison to the general valuation allowances under HGB (prior year: higher portfolio-based allowances). The net commission income in the reporting segments totals EUR 172.6 million (prior year: EUR 149.2 million). The difference of EUR -14.1 million (prior year: EUR -8.8 million) results mainly from the different treatment of expenses for derivatives used to hedge lending activities. The net effect from remeasurements and purchase accounting amounts to EUR 4.0 million (prior year: EUR 9.0 million) and results primarily from the inclusion of fully consolidated entities. The gain or loss on financial instruments measured at fair value through profit or loss amounts to EUR 24.9 million (prior year: EUR 24.0 million) in the reporting segments and corresponds to the net result from financial transactions reported under the German Commercial Code. The most significant effect from reclassifications arises from the different presentation of write-downs on financial instruments carried under assets. These are presented in the reporting segments under risk provisions. Required reclassifications result from the different treatment of interest expenses from derivatives, the net result of selling shares and special funds and the expenses for iTraxx hedge derivatives. Measurement changes amount to a total of EUR 36.8 million (prior year: EUR 77.1 million) and are due to the measurement of derivatives at fair value (EUR 22.3 million; prior year: EUR -99.9 million), of securities carried under assets (EUR 17.6 million; prior year: EUR 156.2 million), designated bond issues in the LFV category (EUR -1.9 million; prior year: EUR -16.8 million) and loans denominated in foreign currency (EUR -9.9 million; prior year: EUR -2.6 million). Other measurement and consolidation effects total EUR 8.7 million (prior year: EUR 40.2 million). In the reporting segments, investment income is primarily allocated to risk provisions and therefore needs reclassification during the reconciliation to consolidated IFRS figures. In addition the net results from the sale of shares and special funds need to be reclassified from the net result from measuring financial instruments at fair value through profit and loss. In addition, the result of associates is allocated to investment income in the segment reporting. It amounts to EUR 1.5 million in fiscal year 2010 (prior year: EUR -5.0 million) and reflects investment income from the associate CORPUS SIREO Holding GmbH & Co. KG valued at-equity. 96 Notes to the Consolidated Financial Statements 2010 General administrative expenses in the reporting segments total EUR 433.8 million (prior year: EUR 454.9 million). The reclassification of EUR 6.5 million (prior year: EUR -3.5 million) can be primarily explained by rental expenses that are contained as a net figure under other operating income and expenses in the reporting segments. The main impact from measurement and consolidation adjustments in the reporting year of EUR -38.8 million (prior year: EUR -32.1 million) is attributable to the inclusion of administrative expenses of subsidiaries. Further measurement differences total EUR 7.7 million (prior year: EUR 3.4 million). The balance of other operating income and expenses amounts to EUR -44.4 million (prior year: EUR 2.8 million) in the reporting segments and results from measuring securities in the investment book and also from interest income and expenses from other periods. These items need to be reclassified to risk provisions, administrative expenses and net interest income in the income statement when reconciling segment reporting to IFRS. The impact of remeasurements and purchase accounting comes to a sum total of EUR 80.4 million (prior year: EUR 117.9 million). This includes the one-off special effect of EUR 41.5 million from implementing the changes introduced by BilMoG. The measurement effect affecting segment assets results mostly from two opposing issues. Firstly, the internal reporting offsets current receivables and liabilities to a greater extent than IFRS, which results in the claims in the internal reporting being lower than under IFRS. On the other hand, the claims determined under IFRS are lower than in German HGB owing to different recognition of the collection of debt discounts. Cumulatively the effect amounts to EUR 4.8 million (prior year: EUR -20.8 million). 97 Notes to the Consolidated Financial Statements 2010 Notes to the Consolidated Statement of Financial Position – Assets [48] Cash Reserve The cash reserve comprises the following items: Cash on hand 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 107,255 154,438 -30.6 Balances at Deutsche Bundesbank 221,141 537,453 -58.9 Cash Reserve 328,396 691,891 -52.5 The minimum reserve requirement at the end of December 2010 came to EUR 288,496 thousand (prior year: EUR 280,235 thousand). [49] Claims on Banks Claims on banks break down by type of transaction and category as follows: Fixed term and sight deposits Fixed term and sight deposits (LAR) Fixed term and sight deposits (AFS) 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 1,788,161 905,596 97.5 622,248 905,596 -31.3 - - . 1,165,913 - . 288,813 361,990 -20.2 Loans and advances (LAR) 199,713 218,662 -8.7 Loans and advances (AFS) 7,751 7,384 5.0 81,349 135,944 -40.2 Fixed term and sight deposits (AFV designated) Loans and advances Loans and advances (AFV designated) Other receivables 575,371 383,020 50.2 Other receivables (LAR) 6,318 362,727 -98.3 Other receivables (AFS) - - - 569,053 20,293 >100.0 2,652,345 1,650,606 60.7 Other receivables (AFV designated) Claims on banks This statement of financial position item includes receivables of EUR 265,236 thousand (prior year: EUR 317,072 thousand) which are expected to be settled in more than twelve months. The total includes subordinated claims on banks of EUR 0 thousand (prior year: EUR 3,304 thousand). Savings bonds account for EUR 5,886 thousand (prior year: EUR 8,157 thousand) of other receivables. Please see Note [52] for information on portfolio-based allowances recognised on claims on banks in the fiscal year. 98 Notes to the Consolidated Financial Statements 2010 [50] Claims on Customers Claims on customers break down by the type of transaction and financial asset category (IAS 39) as follows: Fixed term and sight deposits 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 1,321,035 2,563,946 -48.5 Fixed term and sight deposits (LAR) 1,321,035 2,563,946 -48.5 Fixed term and sight deposits (AFS) - - . Fixed term and sight deposits (AFV designated) - - . 19,372,221 18,647,138 3.9 Loans and advances (LAR) 19,238,535 18,456,493 4.2 Loans and advances (AFS) - - . 133,686 190,645 -29.9 1,880 1,868 0.6 Other receivables (LAR) 1,880 1,868 0.6 Other receivables (AFS) - - . Other receivables (AFV designated) - - . 20,695,136 21,212,952 -2.4 Loans and advances Loans and advances (AFV designated) Other receivables Claims on customers This statement of financial position item includes receivables of EUR 16,674,126 thousand (prior year: EUR 17,075,563 thousand) which are expected to be settled in more than twelve months. Claims on customers includes subordinated claims of EUR 30,954 thousand (prior year: EUR 27,077 thousand). Claims on customers secured by mortgages amount to EUR 9,244,265 thousand (prior year: EUR 8,807,389 thousand). In addition, an amount of EUR 1,655,516 thousand (prior year: EUR 2,159,414 thousand) is attributable to loans to municipalities. Please see Note [52] for information on specific valuation allowances and portfolio-based allowances recognised on claims on customers in the fiscal year. Please see Note [90] with regard to claims on nonconsolidated subsidiaries, associates, equity investments and associates not accounted for at equity. 99 Notes to the Consolidated Financial Statements 2010 [51] Lending Volume The lending volume of the Sparkasse KölnBonn Financial Group breaks down as follows: Claims on banks Claims on customers Guarantees and warranties Total 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 2,652,345 1,650,606 60.7 20,695,136 21,212,952 -2.4 676,382 745,497 -9.3 24,023,863 23,609,055 1.8 Claims on banks and customers contain the amounts extended by the Sparkasse KölnBonn Financial Group in the course of its banking business. These claims are recognised when they are paid out to the recipient. Claims are derecognised when they are redeemed, utilising any existing risk provisions or by recording a direct impairment. Loans and receivables in the LAR category are recognised at amortised cost without considering any valuation allowances that have been recorded. Valuation allowances are reported separately under “Risk provisions”. Valuation allowances of EUR 30 thousand were recognised on claims on banks in the fiscal year 2010 (prior year: EUR 3,541 thousand). In fiscal year, additions to provisions for claims on banks amount to EUR 179,918 thousand (prior year: EUR 181,613 thousand). Guarantees and warranties are accounted for using the net method pursuant to IAS 39. The figures disclosed here therefore relate to the nominal value of the agreements. 100 Notes to the Consolidated Financial Statements 2010 [52] Risk Provisions If there are any doubts about the recoverability of a claim, this is provided for recognising a specific valuation allowance. To the extent that payments are no longer expected to be collected beyond any reasonable doubt, the claim is written off as a bad debt. Uncollectible receivables for which a valuation allowance has already been recognised are written off by debiting the provision. If no provision has been recognised for such a claim, it is written off directly through profit and loss. Write-offs are also recorded directly in profit and loss if Sparkasse KölnBonn waives a portion of the claim or enters a factoring arrangement and the proceeds are lower than the carrying amount of the claim. The specific valuation allowance is measured using the net present value of the cash flows expected in future from the claim using the effective interest rate of the claim. Provided that the expected cash flows remain unchanged, this will result in an unwinding effect each closing date to adjust the provision for the annual interest portion. This is recorded in interest income. The risk provisioning covers all discernible credit risks from the lending business. Any impairment of claims that have occurred as at closing date but have not yet been individually identified are covered by recognising valuation allowances on a portfolio basis. 31.12.2009 Realisation 01.01.2010 EUR ’000 EUR ’000 EUR ’000 Loans and advances to corporate customers 274,340 -129 274,211 Specific valuation allowances 204,289 1,767 206,056 Portfolio-based allowances 70,051 -1,896 68,155 Loans and advances to private customers 98,416 1,178 99,594 Specific valuation allowances 90,949 -833 90,116 7,467 2,011 9,478 8,929 167 9,096 - - - 8,929 167 9,096 20 -20 0 - - - 20 -20 0 263 -263 - - - - 263 -263 - 381,968 933 382,901 Portfolio-based allowances Claims on banks Specific valuation allowances Portfolio-based allowances Loans on promissory notes Specific valuation allowances Portfolio-based allowances Country-risk provisions Specific valuation allowances Portfolio-based allowances Total The realisation mentioned above is founded in reclassifications of sub-items in the statement of financial position for non-interest and low-interest-bearing claims on customers of EUR 933 thousand as well as transfers between the Corporate customers and the Private customers segments, and breakdown of promissory note loans and country risk provisions into Corporate customers, Private customers and Claims on banks. 101 Notes to the Consolidated Financial Statements 2010 In the fiscal year, specific valuation allowances, portfolio-based valuation allowances and provisions on off-statement of financial position lending business are presented separately in accordance with IFRS 7.16 and developed as follows: All figures in EUR ’000 Opening balance Additions Utilisation Reversal Unwinding 01.01.2010 Closing balance 31.12.2010 Loans and advances to corporate customers 274,211 115,978 57,636 58,892 8,676 264,985 Specific valuation allowances 206,056 71,252 57,636 17,003 8,676 193,993 Portfolio-based allowances 68,155 44,726 - 41,889 - 70,992 Loans and advances to private customers 99,594 63,940 16,615 33,957 2,572 110,390 Specific valuation allowances 90,116 55,806 16,615 27,386 2,572 99,349 9,478 8,134 - 6,571 - 11,041 9,096 30 - 8,727 - 399 - - - - - - 9,096 30 - 8,727 - 399 382,901 179,948 74,251 101,576 11,248 375,774 Provisions for credit risks related to the off-statement of financial position lending business 4,203 5,397 - 775 - 8,825 Risk provisions including lending business provisions 387,104 185,345 74,251 102,351 11,248 384,599 Portfolio-based allowances Claims on banks Specific valuation allowances Portfolio-based allowances Total risk provisions The reversal of the portfolio-based allowances recognised on claims on banks of EUR 8,727 thousand originates from a change in the estimated probability of default. In fiscal year 2010, Sparkasse KölnBonn reports risk provisions of EUR 2,617 thousand for related parties (prior year: EUR 3,660 thousand). An amount of EUR 1,239 thousand (prior year: EUR 451 thousand) was added to the provisions in the year and EUR 247 thousand released (prior year: EUR 1,232 thousand). Please see Note [90] for additional information on related entities. For quantitative information and explanations on provisions for off-statement of financial position risks please see Note [67]b). 102 Notes to the Consolidated Financial Statements 2010 During the prior year, the risk provision developed as follows: All figures in EUR ’000 Opening balance Additions Utilisation Reversal Unwinding 01.01.2009 Closing balance 31.12.2009 Loans and advances to corporate customers 257,216 124,019 44,720 56,430 5,745 274,340 Specific valuation allowances 195,458 83,994 44,720 24,698 5,745 204,289 Portfolio-based allowances 61,758 40,025 - 31,732 - 70,051 Loans and advances to private customers 75,505 57,594 22,457 10,027 2,199 98,416 Specific valuation allowances 69,143 52,645 22,457 6,183 2,199 90,949 Portfolio-based allowances Claims on banks Specific valuation allowances Portfolio-based allowances Loans on promissory notes Specific valuation allowances Portfolio-based allowances Country-risk provisions Specific valuation allowances Portfolio-based allowances Total risk provisions 6,362 4,949 - 3,844 - 7,467 5,481 3,541 - 93 - 8,929 - - - - - - 5,481 3,541 - 93 - 8,929 38 - - 18 - 20 - - - - - - 38 - - 18 - 20 360 - - 97 - 263 - - - - - - 360 - - 97 - 263 338,600 185,154 67,177 66,665 7,944 381,968 Provisions for credit risks related to the off-statement of financial position lending business 2,358 2,713 - 868 - 4,203 Risk provisions including lending business provisions 340,958 187,867 67,177 67,533 7,944 386,171 103 Notes to the Consolidated Financial Statements 2010 [53] Assets Held for Trading Assets held for trading break down as follows: 31.12.2010 31.12.2009 EUR ’000 EUR ’000 % - 320,017 -100.0 Positive fair value of trading derivatives (AFV trading) 293,679 578,558 -49.2 Positive market value of interest derivatives for which the fair value has been exercised (AFV trading) 995,990 572,261 74.0 7,000 634,639 -98.9 18,833 23,499 -19.9 4,307 1,190 >100.0 - - - 1,319,809 2,130,164 -38.0 Sight deposits and fixed-term deposits (AFV trading) Bonds and other interest-bearing securities (AFV trading) Loans on promissory notes (AFV trading) Shares and other variable-yield securities (AFV trading) Other assets held for trading (AFV trading) Assets held for trading Delta Assets held for trading includes financial instruments of EUR 1,173,598 thousand (prior year: EUR 1,151,547 thousand) which are expected to be settled in more than twelve months. [54] Non-current Assets Held for Sale In the course of the consolidation and downsizing of the investment business, the Sparkasse KölnBonn Financial Group has an intention to dispose of a number of non-current assets in the sense of IFRS 5. Assets that are classified as held for sale mainly include real estate, investments as well as shares in affiliated companies. In addition to non-consolidated entities, consolidated entities also fall within the scope of IFRS 5. Individual assets as well as entire companies are intended to be sold. According to IFRS 5.4 BioCampus Cologne Grundbesitz GmbH & Co. KG, SAVOR Verwaltung GmbH & Co. Objekt Kalk KG and SKI Standort Köln-Immobilien GmbH & Co. Projekt Butzweilerhof KG meet the criteria for recognition as a disposal group. Based on the provisions of IFRS 5.38, non-current assets held for sale must be presented separately to the other assets. Liabilities of the disposal groups are presented as a separate line item. It is not permitted to offset assets against liabilities. These must be reported in a separate line item of the statement of financial position. It is not necessary to measure them separately. These values should be reported prior to consolidation to ensure a true and fair view. Disclosures on this entity are made under “Location development/restructuring” in the segment reporting. Please see Note [73] for more information on liabilities held for sale. Overall, five non-consolidated equity investments measured pursuant to IAS 39 as well as three associates recognised pursuant to IFRS 5 were classified as held-for sale with a total carrying amount of EUR 244,343 thousand. The revaluation reserve contains an amount of EUR 38,842 thousand attributable to these assets. In the segment reporting, the disclosures on these entities could be found in the section on “Equity investments”. Investments in the company moderne stadt Gesellschaft zur Förderung des Städtebaues und der Gemeindeentwicklung mbH have been disposed of in the meantime. 104 Notes to the Consolidated Financial Statements 2010 In the prior year, Kredit-Serviceagentur Rheinland in Siegburg GmbH & Co. KG, a limited partnership which was consolidated using the equity method, and the investment in KSA Verwaltungsgesellschaft mbH, which was measured pursuant to IAS 39, met the criteria of non-current assets held for sale for the first time after the reporting date as at 31 December 2009. The intention to sell these entities is likewise associated with the consolidation and resizing of the investment business of the Sparkasse KölnBonn Financial Group. In the segment reporting, the disclosures on these entities could be found in the section on “Equity investments”. The Group has not managed to realize the sale as planned on account of tax and corporate law issues. However, the Sparkasse KölnBonn Financial Group maintains its intention to sell these assets. In this regard, both entities are reported under “Non-current assets held for sale” on the reporting date. In addition to KSA Verwaltungsgesellschaft mbH, two other non-consolidated entities were classified as held-for-sale and measured in accordance with IAS 39. The carrying amount of the shares of these affiliates carried under assets held for sale comes to a total of EUR 1,053 thousand. The revaluation reserve contains an amount of EUR 1,004 thousand attributable to these assets. In the segment reporting, the disclosures on these entities could be found in the section on “Equity investments”. Due to the adverse market, it was not possible to realise the sale of two mainly commercial properties in Cologne by HC Bauprojektentwicklung GmbH & Co. KG in the reporting year. The intention to sell remains within Sparkasse KölnBonn Financial Group, even after the closing date. The criteria of IFRS 5 are met. As in the prior year, the properties with a book value of EUR 5,190 thousand are reported under “Non-current assets held for sale”. Scheduled depreciation of EUR 56 thousand was not recorded in the reporting period on account of IFRS 5.25. Disclosures on this entity are made under “Location development/restructuring” in the segment reporting. In addition, there are diverse other properties in Cologne, most of which are used for commercial purposes, which the Group intends to dispose of in the terms of IFRS 5. In addition to the disposal groups, diverse plant, property and equipment, investment properties, land and buildings carried under inventories and other assets totalling EUR 143,475 thousand were classified as held-for-sale. Scheduled depreciation of EUR 830 thousand was not recorded in the reporting period on account of IFRS 5.25. 105 Notes to the Consolidated Financial Statements 2010 Non-current assets held for sale break down as follows: Property, plant and equipment Investment properties Intangible assets Financial assets Other assets Non-current assets held for sale 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 5,757 - . 103,534 5,190 >100.0 - - . 245,396 - . 39,374 - . 394,061 5,190 >100.0 The equity investment held in neue leben Pensionsverwaltung AG, which is not consolidated, met the criteria for recognition as non-current assets held for sale for the first time after the reporting date as at 31 December 2009. The equity investment was sold in the course of the reporting year. There is also an intention to sell further real estate and equity investments measured under IAS 39 as well as fully-consolidated subsidiaries. However these sales will not be realised until fiscal year 2012. Entities which the Group intends to dispose of are endorsed separately in the list of shareholdings. Please see Note [95] for further information. The Aachener Strasse real estate complex did not meet the criteria to be classified as a non-current asset held for sale until after the reporting date as at 31 December 2010. The intention to sell this investment is likewise analogous to the consolidation and resizing of the investment business of the Sparkasse KölnBonn Financial Group. Disclosures on these properties can be found in the section on “Equity investments” in the segment reporting. 106 Notes to the Consolidated Financial Statements 2010 [55] Financial Assets Financial assets break down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 3,371,388 3,438,634 -2.0 Bonds and other interest-bearing securities (LAR) 1,200 - - Bonds and other interest-bearing securities (AFS) - - - Bonds and other interest-bearing securities (AFV designated) 3,370,188 3,438,634 -2.0 46,855 43,420 7.9 - - - 46,821 43,392 7.9 Bonds and other interest-bearing securities Shares and other non-fixed interest securities Other variable-yield securities (LAR) Shares and other variable-yield securities (AFS) Pension funds (AFV designated) Equity investments and shares in non-consolidated subsidiaries and associates not recognised at equity (AFS) Equity investments and associates not recognised at equity (AFS) Shares in non-consolidated subsidiaries (AFS) Other financial assets (AFS) Financial assets 34 28 21.4 400,668 647,245 -38.1 391,771 627,147 -37.5 8,897 20,098 -55.7 11,241 11,181 0.5 3,830,152 4,140,480 -7.5 This statement of financial position item includes financial assets of EUR 3,504,937 thousand (prior year: EUR 4,015,788 thousand) which are expected to be settled in more than twelve months. Bonds and other interest-bearing securities of EUR 282,163 thousand (prior year: EUR 237,609 thousand) are due in the year 2011. There are subordinated financial assets of EUR 65,644 thousand (prior year: EUR 57,832 thousand). Moreover, financial assets also include the mandatory contribution to the Rhineland Savings Banks Association (Rheinischer Sparkassen- und Giroverband (RSGV)). This contribution is mandatory under the terms of the Savings Bank Act. It is not possible to sell this equity investment. However, it has been classified in the AFS category owing to a lack of any other possible classification. The carrying amount of the mandatory contribution is EUR 349,807 thousand (prior year: EUR 349,807 thousand). The mandatory membership grants Sparkasse KölnBonn a number of advantages, such as the use of trademarks, whose value cannot be exactly quantified. Consequently, the mandatory membership has been recognised at cost in accordance with IAS 39.46c. The resulting adjustment to the financial assets was reported in investment income (see Note [38]). Seven entities which had been included in the consolidation in 2009 were liquidated and deconsolidated in fiscal year 2010: the security-based funds INKA–SK 1 to 5 and the security-based funds INKA-SK 66 and 67. After liquidating the portfolio of securities and subsequent return of the share certificates, a cash distribution of EUR 262,132 thousand was made. All the funds were closed on 30 April 2010. The special investment fund INKA-SK 6 had already been closed in the prior year. After liquidating the portfolio of securities and subsequent return of the share certificates, a cash distribution of EUR 15,837 thousand was made. 107 Notes to the Consolidated Financial Statements 2010 [56] Investments in Associates Recognised at Equity The combined information on associated entities accounted for using the equity method pursuant to IAS 28.37(b) is as follows: Associates 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % Total assets 971,276 1,115,295 -12.9 Total liabilities 868,351 1,020,273 -14.9 Ordinary income 271,208 286,954 -5.5 Equity 102,925 95,022 8.3 5,856 -19,880 - Net profit or loss for the period The total assets of associates includes assets of EUR 482,435 thousand (prior year: EUR 512,871 thousand) which are expected to fall due in more than twelve months. Total liabilities include liabilities of EUR 630,445 thousand (prior year: EUR 706,825 thousand) which are expected to fall due in more than twelve months. Associates report contingent liabilities of EUR 7,177 thousand (prior year: EUR 11,349 thousand). Please see Note [39] for more information on the development of the carrying amounts of associates recognised at equity. 108 Notes to the Consolidated Financial Statements 2010 [57] Property, Plant and Equipment Property, plant and equipment can be broken down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % Land and buildings (legal ownership) 34,258 34,683 -1.2 Land and buildings (finance lease) 43,618 96,574 -54.8 Furniture and fixtures 57,415 60,499 -5.1 3,181 3,358 -5.3 138,472 195,114 -29.0 Payments on account and assets under construction Property, plant and equipment Depreciation of property, plant and equipment is reported under general administrative expenses (Note [40]). Please see Note [83] for the net carrying amounts of property, plant and equipment acquired under finance leases. The carrying amounts were adjusted to lower realisable value accordingly in case of an impairment in the sense of IAS 36. These properties are generally measured on the basis of independent appraisals although, due to the current condition of the properties and the situation on the market, the fair value of the properties has been determined using a variation of the discounted cash flow method (capitalised earnings method). Where no up-to-date reports were available for individual properties, their carrying amounts were rolled forward from the previous fair value. There are no restrictions on the sale of property, plant and equipment. In addition, expenses for assets under construction of EUR 2,913 thousand (prior year: EUR 296 thousand) were capitalised in fiscal year 2010. With effect from 1 January 2010, leases for finance lease properties of MMC GmbH were reduced significantly. Due to the fact that the revaluation of the leases required in this regard did not lead to any other assessment, the fall in the liability was posted directly against the carrying amount of property, plant and equipment without affecting profit and loss. 109 Notes to the Consolidated Financial Statements 2010 In comparison to the prior year, the historical cost and accumulated depreciation can be summarised as follows: All figures in EUR ’000 Land and buildings (legal ownership) Land and buildings (finance lease) Furniture and fixtures Assets under construction Total 0 0 0 0 0 52,087 158,260 203,723 6,264 420,334 Additions 54 - 13,451 425 13,930 Disposals 5,165 - 29,195 2,006 36,366 Changes in the consolidated group - - -62 32 -30 Reclassifications including reclassifications to non-current assets held for sale and investment properties - 3,916 - -138 3,778 46,976 162,176 187,917 4,577 401,646 Historical cost 1 January 2009 31 December 2009 Additions 7,827 - 8,283 3,008 19,118 Disposals 5,217 50,551 3,248 23 59,039 - - - - 0 Reclassifications including reclassifications to investment properties and to non-current assets held for sale -6,551 -1,278 -1,138 -3,097 -12,064 31 December 2010 43,035 110,347 191,814 4,465 349,661 17,029 107,982 149,671 5 274,687 1,721 3,529 10,038 - 15,288 - - - 1,214 1,214 Write-ups 1,056 48,014 3,709 - 52,779 Disposals 5,401 - 28,538 - 33,939 Changes in the consolidated group - - -44 - -44 Reclassifications including reclassifications to investment properties and to non-current assets held for sale - 2,105 - - 2,105 12,293 65,602 127,418 1,219 206,532 Scheduled depreciation 1,431 3,484 10,412 - 15,327 Impairment losses 4,401 - - 70 4,471 Write-ups - 1,229 - - 1,229 Disposals 4,947 - 2,864 - 7,811 - - - - - -4,401 -1,128 -567 -5 -6,101 8,777 66,729 134,399 1,284 211,189 Carrying amount as at 31 December 2009 34,683 96,574 60,499 3,358 195,114 Carrying amount as at 31 December 2010 34,258 43,618 57,415 3,181 138,472 Changes in the consolidated group Depreciation and amortisation 1 January 2009 Scheduled depreciation Impairment losses 31 December 2009 Changes in the consolidated group Reclassifications including reclassifications to investment properties and to non-current assets held for sale 31 December 2010 110 Notes to the Consolidated Financial Statements 2010 [58] Investment Property The relevant figures for investment properties in fiscal years 2010 and 2009 are as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % Rental income 39,623 29,204 35.7 Direct operating expenses 42,026 13,130 >100.0 39,998 11,877 >100.0 2,028 1,253 61.9 - 1 -100.0 Of which rented investment properties Of which unoccupied investment properties Proceeds from sales The direct operating expenses disclosed do not comprise systematic depreciation or impairment losses. These are explained in Note [42] as well as in the following summary. Rental income from other rental agreements which were previously contained in the rental income from investment properties and sundry other operating income is now presented separately from fiscal year 2010 onwards. The prior-year figures have been adjusted accordingly. Invest property can be broken down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 69,003 184,345 -62.6 Investment property (finance lease) 311,299 325,895 -4.5 Investment properties 380,302 510,240 -25.5 Investment property (legal ownership) The investment properties’ fair value comes to EUR 563,150 thousand (prior year: EUR 574,179 thousand) including assets held for sale as defined by IFRS 5. The fair values correspond to the capitalised earnings value of the properties. These properties are generally measured on the basis of independent appraisals although, due to the current condition of the properties and the situation on the market, the fair value of the properties has been determined using a variation of the discounted cash flow method (capitalised earnings method). Where no up-to-date reports were available for individual properties, their carrying amounts were rolled forward from the previous fair value. 111 Notes to the Consolidated Financial Statements 2010 In comparison to the prior year, the historical cost and accumulated depreciation for investment properties can be summarised as follows: All figures in EUR ’000 Investment properties Investment properties (legal ownership) (finance lease) Total Historical cost 1 January 2009 327,621 53,690 381,311 Additions 822 341,387 342,209 Disposals 90 - 90 - - - 9,362 -3,915 5,447 337,715 391,162 728,877 Additions 3,242 - 3,242 Disposals 3,165 - 3,165 - - - -159,756 1,277 -158,479 178,036 392,439 570,475 114,831 28,099 142,930 7,478 1,753 9,231 32,636 38,281 70,917 Write-ups 3,606 760 4,366 Disposals 5 - 5 Changes in the consolidated group - - - 2,036 -2,106 -70 153,370 65,267 218,637 Changes in the consolidated group Reclassifications including reclassifications to non-current assets held for sale and property, plant and equipment 31 December 2009 Changes in the consolidated group Reclassifications including reclassifications to non-current assets held for sale and property, plant and equipment 31 December 2010 Depreciation and amortisation 1 January 2009 Scheduled depreciation Impairment losses Reclassifications including reclassifications to non-current assets held for sale and property, plant and equipment 31 December 2009 Scheduled depreciation 4,993 10,588 15,581 16,021 4,157 20,178 Write-ups 1,058 - 1,058 Disposals 2,826 - 2,826 Impairment losses Changes in the consolidated group - - - Reclassifications including reclassifications to non-current assets held for sale and property, plant and equipment -61,467 1,128 -60,339 31 December 2010 109,033 81,140 190,173 Carrying amount as at 31 December 2009 184,345 325,895 510,240 Carrying amount as at 31 December 2010 69,003 311,299 380,302 Additions of EUR 0 thousand (prior year: EUR 341,387 thousand) are attributable to acquisitions and EUR 3,242 thousand (prior year: EUR 822 thousand) are due to subsequent historical cost recognised as assets. 112 Notes to the Consolidated Financial Statements 2010 The “Rheinparkmetropole” project (redevelopment of the old exhibition grounds in Cologne-Deutz to create an office and commercial park) was completed in 2009 and handed over to the tenants. The addition resulting from its completion can be attributed to primary historical cost. Expenses from rental agreements will be incurred for these properties over a period of 21 years. These expenses are offset by rental income from sub-leases for the property. These rental agreements qualify as finance leases under IAS 17.20 et seq. As at the reporting date, the carrying amount was EUR 294,271 thousand (prior year: 303,107 thousand). The impairment losses recorded on the properties to which the Group has legal title are primarily a result of adjustments to future earnings projections and also accumulated renovation and maintenance obligations. Depreciation of Investment property is reported under other operating expenses (Note [42]). Please see Note [83] for the net carrying amounts of investment properties acquired under finance leases. [59] Intangible Assets Intangible assets acquired for a consideration and internally-generated assets break down as follows: Intangible assets acquired for a consideration Internally generated intangible assets Goodwill Intangible assets 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 5,163 5,457 -5.4 931 1,001 -7.0 - - - 6,094 6,458 -5.6 In the year under review, development expenses of EUR 0 thousand (prior year: EUR 411 thousand) were expensed through profit or loss. As at the closing date, there were commitments for the acquisition of intangible assets as defined by IAS 38.122e of EUR 2,154 thousand (prior year: EUR 0 thousand). Amortisation of intangible assets is reported under general administrative expenses (Note [40]). 113 Notes to the Consolidated Financial Statements 2010 The following table shows the changes in historical cost and accumulated amortisation in comparison to the prior year: Measured at amortised cost Intangible assets Internally acquired for a generated consideration intangible assets (software) (software) Goodwill Total All figures in EUR ’000 Historical cost 1 January 2009 26,887 381 94,454 121,722 Additions 2,353 987 - 3,340 Disposals 2,054 - - 2,054 -17 - -2,147 -2,164 Reclassifications - - - - 31 December 2009 27,169 1,368 92,307 120,844 Additions 3,518 222 - 3,740 Disposals 3,612 5 - 3,617 - - -90,095 -90,095 Reclassifications -14 - - -14 31 December 2010 27,061 1,585 2,212 30,858 21,131 164 94,454 115,749 2,278 203 - 2,481 - - - - Write-ups 45 - - 45 Disposals 1,635 - - 1,635 -17 - -2,147 -2,164 Reclassifications - - - - 31 December 2009 21,712 367 92,307 114,386 2,008 287 - 2,295 Impairment losses - - - - Write-ups - - - - Disposals 1,808 - - 1,808 - - -90,095 -90,095 Reclassifications -14 - - -14 31 December 2010 21,898 654 2,212 24,764 Carrying amount as at 31 December 2009 5,457 1,001 - 6,458 Carrying amount as at 31 December 2010 5,163 931 - 6,094 Changes in the consolidated group Changes in the consolidated group Depreciation and amortisation 1 January 2009 Scheduled depreciation Impairment losses Changes in the consolidated group Scheduled depreciation Changes in the consolidated group 114 Notes to the Consolidated Financial Statements 2010 [60] Current Tax Assets Current tax assets in fiscal year 2010 amount to EUR 28,796 thousand (prior year: 48,126 thousand). Current tax assets are generally due within twelve months of the obligation originating. [61] Deferred Tax Assets Deferred tax assets break down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 178 503 -64.6 Claims on customers 41,672 35,116 18.7 Trading assets and liabilities 74,582 286,694 -74.0 Financial assets 74,039 75,705 -2.2 Non-current assets held for sale 9,424 277 >100.0 Property, plant and equipment 2,809 613 >100.0 10,187 8,878 14.7 - - . 1,648 1,582 4.2 167,518 133,624 25.4 61,691 53,142 16.1 3,934 3,442 14.3 Other statement of financial position items 32,684 64,617 -49.4 Tax loss carryforwards 25,988 18,697 39.0 506,354 682,890 -25.9 -280,986 -478,823 - 225,368 204,067 - Claims on banks Investment properties Other assets Liabilities to banks Liabilities to customers Provisions Pension obligations Subtotal Offsetting according to IAS 12.71 et seq. Deferred tax assets (as reported) As at closing date, the sum of deferred tax assets (+) and deferred tax liabilities (-) charged directly to equity amounted to EUR -3,638 thousand (prior year: EUR -3,193 thousand). The Sparkasse KölnBonn meets the criteria of IAS 12.71 et seq. for offsetting its deferred tax assets against deferred tax liabilities. Consequently the net figure is reported in the statement of financial position. 115 Notes to the Consolidated Financial Statements 2010 [62] Other Assets Other assets include the following items: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 40,999 85,848 -52.2 8,975 10,436 -14.0 35,745 36,736 -2.7 Rescue acquisitions 696 1,372 -49.3 Collection papers 375 184 >100.0 1,145 1,114 2.8 Other assets 68,162 57,823 17.9 Other assets 156,097 193,513 -19.3 Inventories Deferred items (prepayments) Exemptions Shares in cooperative societies (AFS) Inventories are generally composed of construction projects for land and buildings held for sale. Inventories are measured at the lower of cost and net realisable value. Due to the fact that they are classified as current assets, inventories are not subject to systematic depreciation. However, if there are indications of impairment, an impairment loss is recorded. The change in inventories is primarily due to the reclassification into non-current assets held for sale (Assets item 7). These assets are a component of the disposal groups pursuant to IFRS 5.4. The rescue acquisitions relate to properties which are not intended to be kept for the long-term by the Sparkasse KölnBonn Financial Group. Other assets include receivables of EUR 87,132 thousand (prior year: EUR 77,713 thousand) which are expected to be settled in more than twelve months. 116 Notes to the Consolidated Financial Statements 2010 Notes to the Consolidated Statement of Financial Position – Liabilities and Equity [63] Liabilities to Banks Liabilities to banks break down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 299,483 161,238 85.7 Fixed term and sight deposits (OFL) 198,759 161,238 23.3 Fixed term and sight deposits (LFV designated) 100,724 - . 3,518,027 3,891,896 -9.6 Issued registered bonds and money market instruments (OFL) 3,446,194 3,815,781 -9.7 Issued registered bonds and money market instruments (LFV designated) 71,833 76,115 -5.6 789,563 1,138,834 -30.7 779,850 1,128,988 -30.9 9,713 9,846 -1.4 1,137,723 1,080,165 5.3 1,128,233 1,071,391 5.3 9,490 8,774 8.2 5,744,796 6,272,133 -8.4 Fixed term and sight deposits Issued registered bonds and money market instruments Promissory note loans extended to the Group Promissory note loans extended to the Group (OFL) Promissory note loans extended to the Group (LFV designated) Other liabilities Other liabilities (OFL) Other liabilities (LFV designated) Liabilities to banks Please see Note [90] with regard to liabilities to non-consolidated subsidiaries, associates, equity investments and associates not accounted for at equity. This statement of financial position item includes liabilities of EUR 5,015,376 thousand (prior year: EUR 5,445,090 thousand) which are expected to be settled in more than twelve months. Please see Note [84] with regard to the liabilities from non-recourse repurchase transactions contained in this item. 117 Notes to the Consolidated Financial Statements 2010 [64] Liabilities to Customers Liabilities to customers are primarily composed of sight deposits and fixed term deposits, savings deposits, securitised registered bonds, loans on promissory notes, and other liabilities. They break down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % Fixed term and sight deposits (OFL) 9,112,704 8,690,112 4.9 Savings deposits (OFL) 5,188,444 5,221,205 -0.6 Issued registered bonds and money market instruments 2,772,665 2,773,597 0.0 Issued registered bonds and money market instruments (OFL) 2,450,858 2,453,446 -0.1 Issued registered bonds and money market instruments (LFV designated) 321,807 320,151 0.5 362,953 331,680 9.4 Promissory note loans extended to the Group (OFL) 200,434 153,598 30.5 Promissory note loans extended to the Group (LFV designated) 162,519 178,082 -8.7 517,707 597,150 -13.3 513,477 593,187 -13.4 4,230 3,963 6.7 17,954,473 17,613,744 1.9 Promissory note loans extended to the Group Other liabilities Other liabilities (OFL) Other liabilities (LFV designated) Liabilities to customers Please see Note [90] with regard to liabilities to non-consolidated subsidiaries, associates, equity investments and associates not accounted for at equity. Liabilities include liabilities from finance leases of EUR 413,799 thousand EUR 475,038 thousand). Please see Note [83] for more information on leases. (prior year: This statement of financial position item includes liabilities of EUR 3,556,489 thousand (prior year: EUR 4,499,493 thousand) which are expected to be settled in more than twelve months. 118 Notes to the Consolidated Financial Statements 2010 [65] Liabilities Held for Trading Liabilities held for trading break down as follows: Negative market value of derivatives held for trading (LFV trading) Negative market value of interest derivatives designated as fair value (LFV trading) Other liabilities held for trading (LFV trading) Liabilities held for trading 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 297,669 594,626 -49.9 1,418,466 995,263 42.5 - 303,158 -100.0 1,716,135 1,893,047 -9.3 This statement of financial position item includes financial instruments of EUR 1,592,908 thousand (prior year: EUR 1,471,682 thousand) which are expected to be settled in more than twelve months. [66] Securitised Liabilities Securitised liabilities include bonds, including registered covered bonds (Namenspfandbriefe), and other money market papers such as certificates of deposit, euro-notes or commercial papers. 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 1,557,339 1,839,332 -15.3 Mortgage bonds (Hypothekenpfandbriefe) 479,205 519,830 -7.8 Public sector bonds (Öffentliche Pfandbriefe) 488,976 495,084 -1.2 Other bonds 589,158 824,418 -28.5 126,887 403,333 -68.5 Mortgage bonds (Hypothekenpfandbriefe) - - - Public sector bonds (Öffentliche Pfandbriefe) - 137,377 -100.0 126,887 265,956 -52.3 Other securitised liabilities (OFL) - - - Other securitised liabilities (LFV designated) - - - 1,684,226 2,242,665 -24.9 Debt securities issued (OFL) Debt securities issued (LFV designated) Other bonds Securitised liabilities In the fiscal year bonds issued by the Bank of EUR 62,898 thousand were repurchased (prior year: EUR 128,271 thousand). There have been repayments of EUR 742,018 thousand (prior year: EUR 1,277,779 thousand). In addition, bonds of EUR 49,580 thousand (prior year: EUR 159,118 thousand) have been reissued. This statement of financial position item includes liabilities of EUR 1,045,689 thousand (prior year: EUR 1,719,540 thousand) which are expected to be settled in more than twelve months. 119 Notes to the Consolidated Financial Statements 2010 [67] Provisions Provisions break down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 60,952 60,224 1.2 8,825 4,203 >100.0 Other provisions 258,438 259,263 -0.3 Provisions 328,215 323,690 1.4 Provisions for pensions and similar obligations Provisions for off-statement of financial position lending business The discount rate defined by an independent actuary according to IAS 19.78 was applied to measure pension obligations a) Provisions for pensions and similar obligations Provisions for pensions and similar obligations developed as follows in the reporting year: All figures in EUR ’000 Balance as at Additions Utilisation Reversal Other changes Balance as at 01.01.2010 31.12.2010 Provisions for pensions and similar obligations 60,224 4,962 4,234 - - 60,952 Total 60,224 4,962 4,234 - - 60,952 Provisions for pensions and similar obligations developed as follows during the prior year: All figures in EUR ’000 Balance as at Additions Utilisation Reversal Other changes 01.01.2009 Balance as at 31.12.2009 Provisions for pensions and similar obligations 58,967 5,009 3,726 - -26 60,224 Total 58,967 5,009 3,726 - -26 60,224 The item “Provisions for pensions and similar obligations” includes pension provisions for direct pension obligations of EUR 56,081 thousand (prior year: EUR 55,761 thousand) and for the welfare fund “S-BonusVorsorge” of EUR 4,871 thousand (prior year: EUR 4,463 thousand). The provisions are based on the rulings of the respective benefit plan which generally depends on the date the employee entered service. 120 Notes to the Consolidated Financial Statements 2010 Expenses from additions to provisions for pensions and similar obligations are posted to personnel expenses (Note [40]) under “General administrative expenses”. Income from the release of provisions for pensions and similar obligations is posted to other operating income (Note [41]). The most significant statement of financial position obligations are indirect pension obligations to the current and former members of the Board of Management and their surviving dependents. An independent actuary calculated the obligations towards members of the Board of Management using the following parameters in his report. In comparison to the prior year, these developed as follows: 2010 2009 in percent in percent Interest rate used to discount the obligation 4.97 5.80 Future salary and benefit increases 3.00 3.00 Rate of pension increase 2.00 2.00 Churn rate 0.00 0.00 Compared to the prior year, the net present value of the obligation (DBO) has developed in the fiscal year as follows: 2010 2009 EUR ’000 EUR ’000 54,764 53,881 Current service cost 1,273 1,424 Interest cost 3,066 2,971 less actuarial gains (plus losses) 2,906 219 - - Defined benefit obligations as at 1 January Additions Past service cost Utilisation Benefits paid 4,184 3,705 Transfer payments - - Reversal - - Changes in the consolidated group - -26 57,825 54,764 Defined benefit obligation as at 31 December The defined benefit obligation (net present value of the obligation) has developed as follows: 121 Notes to the Consolidated Financial Statements 2010 31.12.2010 31.12.2009 31.12.2008 31.12.2007 31.12.2006 EUR ’000 EUR ’000 EUR ’000 EUR ’000 EUR ’000 57,825 54,764 53,881 49,235 55,377 Gains/losses due to experience adjustments of the obligation 1,980 -793 -1,984 -2,033 -490 Gains/losses due to changes in the parameters used -4,886 574 -3,481 9,235 685 Defined benefit obligation The following table reconciles the defined benefit obligation to the obligation from defined benefit plans recognised in the statement of financial position: 31.12.2010 31.12.2009 EUR ’000 EUR ’000 Net present value of plan deficits *) 57,825 54,764 plus unrecognised actuarial gains (less losses) -1,415 1,490 -329 -493 56,081 55,761 Unrecognised past service cost Provisions for pension obligations *) Defined benefit obligation (DBO) The actuarial report used to determine the defined benefit obligation from the funds-based pension plan is based on an interest rate of 5.35% (prior year: 5.80%). No deductions for employee churn were considered due to the nature of the obligations. In the actuarial report on the defined benefit obligation a distinction is made between the actuarial calculations of the guaranteed pension obligation and the variable portion. The latter are derived from the market developments of the reference assets. 2010 2009 EUR ’000 EUR ’000 2,655 2,349 Current service cost 192 226 Interest cost 152 133 less actuarial gains (plus losses) 17 -18 Effects of curtailments and settlements -2 - - - 60 35 Defined benefit obligation as at 31 December (guaranteed portion) 2,954 2,655 Defined benefit obligation as at 1 January (variable portion) 3,133 2,325 Expected changes in reference assets 519 535 less actuarial gains (plus losses) 264 295 -2 - - - 49 22 Defined benefit obligation as at 31 December (variable portion) 3,865 3,133 Defined benefit obligation (total) 3,865 3,133 Defined benefit obligation as at 1 January (guaranteed portion) Additions Other additions Utilisation Benefits paid Additions Effects of curtailments and settlements Other additions Utilisation Benefits paid 122 Notes to the Consolidated Financial Statements 2010 The defined benefit obligation (net present value of the obligation) has developed as follows: 31.12.2010 31.12.2009 31.12.2008 31.12.2007 31.12.2006 EUR ’000 EUR ’000 EUR ’000 EUR ’000 EUR ’000 2,954 2,655 2,349 2,073 2,112 Carrying amount of defined benefit obligation (guaranteed portion) Delta DBO – Expected DBO Carrying amount of defined benefit obligation (variable portion) 17 -18 -132 -539 -5 3,865 3,133 2,325 3,009 2,667 264 295 -1,346 -363 -5 3,865 3,133 2,349 3,009 2,667 Delta DBO – Expected DBO Total obligation The provision for the funds-based "S-BonusVorsorge" retirement benefits (a pension plan based on deferred compensation) can be derived from the defined benefit obligation as follows. If the variable portion of the pension obligation exceeds the guaranteed portion, it becomes the definitive factor in determining the provision for the defined benefit obligation. 2010 2009 EUR ’000 EUR ’000 2,954 2,655 610 650 Provision for the guaranteed portion of the obligation 3,564 3,305 Defined benefit obligation (variable portion) 3,865 3,133 plus unrecognised actuarial gains (less losses) 1,006 1,330 Provision for the variable portion of the obligation 4,871 4,463 of which additional obligation from over-performance of the reference assets 1,307 1,158 Provision for the S-BonusVorsorge 4,871 4,463 Defined benefit obligation (guaranteed portion) plus unrecognised actuarial gains (less losses) 123 Notes to the Consolidated Financial Statements 2010 The expense for defined benefit plans as defined by IAS 19.120A(g) is presented in the following table: 31.12.2010 31.12.2009 EUR ’000 EUR ’000 4,503 4,559 Current service cost 1,273 1,424 Interest cost 3,066 2,971 Pension obligations Actuarial gains/losses - Past service cost 164 164 459 450 Expected change in reference assets 519 535 Partial amortisation of accumulated gains and losses -60 -85 4,962 5,009 S-BonusVorsorge Expenses according to IAS 19.120A (g) b) Provisions for off-statement of financial position lending business The provision for the risks of off-statement of financial position lending business developed as follows: All figures in EUR ’000 Balance as at Additions Utilisation Reversal Other changes Balance as at 01.01.2010 31.12.2010 Provision for credit risks related to the off-statement of financial position lending business 4,203 5,397 - 775 - 8,825 Total 4,203 5,397 - 775 - 8,825 The values developed as follows during the prior year: All figures in EUR ’000 Balance as at Additions Utilisation Reversal Other changes Balance as at 01.01.2009 31.12.2009 Provision for credit risks related to the off-statement of financial position lending business 2,358 2,713 - 868 - 4,203 Total 2,358 2,713 - 868 - 4,203 Expenses for additions to provisions for off-statement of financial position lending business and gains from the release of such provisions are posted to risk provisions in the income statement. Please see Note [35] for more information. 124 Notes to the Consolidated Financial Statements 2010 c) Other provisions Development of the other provisions in the reporting year: All figures in EUR ’000 Balance as at Additions Utilisation Reversal Other changes Balance as at 01.01.2010 31.12.2010 Provisions for other obligations towards employees 33,259 9,222 10,042 35 - 32,404 Provisions for onerous contracts 33,725 5,696 1,791 - - 37,630 Provisions for welfare assistance and long-service bonuses 11,281 4,335 1,199 14 - 14,403 3,430 - 6 3 821 4,242 Sundry other provisions 177,568 55,559 26,841 36,100 -427 169,759 Total 259,263 74,812 39,879 36,152 394 258,438 Provisions for restoration and rebuild obligations Other provisions developed as follows during the prior year: All figures in EUR ’000 Balance as at Additions Utilisation Reversal Other changes Balance as at 01.01.2009 31.12.2009 Provisions for other obligations towards employees 30,529 9,642 6,837 75 - 33,259 Provisions for onerous contracts 19,463 33,725 - 19,463 - 33,725 Provisions for welfare assistance and long-service bonuses 12,194 869 1,782 - - 11,281 2,981 - - 162 611 3,430 Sundry other provisions 205,443 60,076 35,701 52,806 556 177,568 Total 270,610 104,312 44,320 72,506 1,167 259,263 Provisions for restoration and rebuild obligations Other provisions include a provision for the long-service bonuses owed to employees of Sparkasse KölnBonn of EUR 798 thousand (prior year: EUR 1,233 thousand) which have been calculated on the basis of an external actuarial report using an interest rate of 2.79% (prior year: 5.80%). In contrast to pension provisions, the actuarial gains and losses for this type of obligation are posted directly through profit or loss in keeping with IAS 19. 125 Notes to the Consolidated Financial Statements 2010 The sundry other provisions include provisions of EUR 109,774 thousand for the “Rheinparkmetropole” project (prior year: EUR 124,178 thousand). Please see Note [34] for more information on interest effects (IAS 37.84e). The interest effects related to the provisions for phased retirement arrangements of EUR 908 thousand (prior year: EUR 2,443 thousand) are included in personnel expenses. Additions to provisions for other obligations towards employees and provisions for welfare assistance and long-service bonuses are posted to personnel expenses in the line item “General administrative expenses” (see Note [40]). All other additions are posted to the line item “Other operating expenses” (see Note [42]). Other changes to other provisions include EUR 45 thousand from unwinding provisions for restoration obligations (prior year: EUR 167 thousand) and EUR 2,399 thousand (prior year: EUR 834 thousand) for sundry other provisions, additions of EUR 776 thousand to restoration obligations posted directly to equity (prior year: EUR 443 thousand), changes to the consolidated group of EUR 15 thousand (prior year: EUR -277 thousand) and reclassifications to “Other liabilities" of EUR -2,841 thousand (prior year: EUR 0 thousand). Changes in interest rates as defined by IAS 37.84e in the reporting year amounted to EUR 2,935 thousand. These are included in the additions. It is more likely than not that all provisions will be utilised. The cash outflows for welfare assistance and long-service bonuses are spread over a period of up to 40 years. The last phased retirement scheme will expire in 2017. Early retirement agreements and phased retirement schemes are contained in the provision for other obligations towards employees. It is expected that the provisions for restructuring, onerous contracts, and sundry other provisions, with the exception of the “Rheinparkmetropole” project, will be utilised in the coming 12 months. Due to the uncertainties associated with the “Rheinparkmetropole” project, estimating the timing of the cash outflows is uncertain. As the consumption is not unlikely within the next 12 months, the provision has not been discounted. After taking account of contractually agreed renewal options, the due dates for the restoration and rebuild obligations extend through to the year 2040. 126 Notes to the Consolidated Financial Statements 2010 [68] Current Tax Liabilities Total current tax liabilities (income tax liabilities) in the year under review amount to EUR 17,750 thousand (prior year: EUR 15,285 thousand). Current tax liabilities are generally due within twelve months of the obligation originating. [69] Deferred Tax Liabilities Deferred tax liabilities originate from the following statement of financial position items: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 1,329 1,588 -16.3 51,653 5,108 >100.0 - 244,433 -100.0 Financial assets 50,320 52,205 -3.6 Non-current assets held for sale 11,715 - . Property, plant and equipment 14,917 31,087 -52.0 Investment properties 94,095 91,450 2.9 Claims on banks Claims on customers Trading assets and liabilities Liabilities to banks 239 211 13.3 7,266 5,866 23.9 Provisions 15,313 1,056 >100.0 Other statement of financial position items 34,139 45,819 -25.5 280,986 478,823 -41.3 -280,986 -478,823 - - - - Liabilities to customers Deferred tax liabilities Offsetting according to IAS 12.71 et seq. Deferred tax liabilities The Sparkasse KölnBonn Financial Group meets the criteria of IAS 12.71 et seq. for offsetting its deferred tax assets against deferred tax liabilities. Consequently the net figure is reported in the statement of financial position. 127 Notes to the Consolidated Financial Statements 2010 [70] Subordinated Capital The following table shows the composition of subordinated capital: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % Subordinated savings certificates 269,949 285,943 -5.6 Subordinated savings certificates (OFL) 261,850 276,882 -5.4 8,099 9,061 -10.6 Subordinated promissory note loans 131,182 153,715 -14.7 Subordinated promissory note loans (OFL) 110,177 132,337 -16.7 21,005 21,378 -1.7 Hybrid financial instruments 518,118 480,564 7.8 Hybrid financial instruments (OFL) 518,118 480,564 7.8 - - - Other subordinated liabilities 191,267 233,992 -18.3 Other subordinated liabilities (OFL) 171,043 211,338 -19.1 20,224 22,654 -10.7 1,110,516 1,154,214 -3.8 Subordinated savings certificates (LFV designated) Subordinated promissory note loans (LFV designated) Hybrid financial instruments (LFV designated) Other subordinated liabilities (LFV designated) Subordinated capital This statement of financial position item includes liabilities of EUR 1,086,804 thousand (prior year: EUR 1,078,671 thousand) which are expected to be settled in more than twelve months. In the fiscal year subordinated liabilities of EUR 1,550 thousand were repurchased (prior year: EUR 4,918 thousand). There have been repayments of EUR 74,778 thousand (prior year: EUR 48,672 thousand). In addition, subordinated capital of EUR 0 thousand (prior year: EUR 61,486 thousand) has been reissued. The figures disclosed below are disclosures to meet regulatory requirements. For this reason, it is not possible to reconcile them with the statement of financial position items of the same name. 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % Subordinated liabilities 576,384 606,833 -5.0 Unused but eligible third-tier capital -22,733 - - Hybrid financial instruments 454,441 483,800 -6.1 1,008,092 1,090,633 -7.6 Total According to §10 Sec. 5a KWG, subordinated liabilities qualify as “own funds” of the institution under regulatory requirements. The subordination is based on the hierarchy of creditors in the event of insolvency or illiquidity. In this case, subordinated liabilities are only settled after the claims of all other creditors above them in the hierarchy have been settled. Hybrid financial instruments qualify as additional liable capital under §10 KWG. Hybrid financial instruments are characterised by the fact that they contain features of both debt capital and equity. 128 Notes to the Consolidated Financial Statements 2010 The debt servicing associated with these hybrid financial instruments is contractually attached to a net profit being reported in the German HGB annual financial statements of Sparkasse KölnBonn as a standalone entity. In case of a loss carried forward according to German HGB, hybrid financial instruments participate in the loss carried forward of Sparkasse KölnBonn. According to the annual financial statements of Sparkasse KölnBonn for the year 2010 pursuant to the German commercial code, the profit participation capital reported under subordinated capital was fully replenished after being depleted by the amount it shared in the Bank’s net loss for the year 2009. No interest payments were made in 2010 as the prior duty was to replenish profit participation capital that had been consumed in prior years. Overall, the debt capital components of the hybrid financial instruments lead to an aggregate claim for interest of EUR 27,775 thousand (prior year: EUR 13,887 thousand) under commercial law. The following table summarises the most significant issues of hybrid financial instruments by the Sparkasse KölnBonn as at the closing date: ISIN Issuer Year of issuance Nominal value in EUR ’000 Interest rate Maturity XF0004200048 Sparkasse KölnBonn 2007 23,000 5.74 % 2017 XF0004200063 Sparkasse KölnBonn 2007 10,000 5.82 % 2017 XF0004200071 Sparkasse KölnBonn 2007 20,000 5.79 % 2017 XF0004200105 Sparkasse KölnBonn 2007 10,000 5.70 % 2017 XF0004200196 Sparkasse KölnBonn 2007 20,000 5.82 % 2017 XF0004200204 Sparkasse KölnBonn 2007 10,000 5.81 % 2017 XF0004200436 Sparkasse KölnBonn 2007 15,000 5.79 % 2017 XF0004200725 Sparkasse KölnBonn 2007 20,000 6.36 % 2017 XF0004200808 Sparkasse KölnBonn 2007 20,000 6.54 % 2020 XF0004202507 Sparkasse KölnBonn 2008 10,000 6.97 % 2018 XF0004202515 Sparkasse KölnBonn 2008 16,000 6.97 % 2018 XF0004202598 Sparkasse KölnBonn 2008 10,000 7.02 % 2018 XF0004202846 Sparkasse KölnBonn 2008 10,000 6.91 % 2018 129 Notes to the Consolidated Financial Statements 2010 [71] Hybrid Financial Instruments The classification of equity and debt instruments is based on IAS 32 taking account of the Accounting Practice Statement RS HFA 9 issued by the IDW governing the accounting of financial instruments under IFRS dated 12 April 2007. According to IAS 32.11 and 32.16 a financial instrument must be allocated to equity when it: • evidences a residual interest in the assets of an entity after deducting all of its liabilities (IAS 32.11) and • does not contain a contractual obligation to deliver cash or another financial instrument to another entity (IAS 32.16). The terms of the contracts of hybrid financial instruments drawn by Sparkasse KölnBonn lead to the following accounting treatment and measurement in the consolidated financial statements: As compound financial instruments pursuant to IAS 32.28 tranches of profit participation capital must be split into their equity and their debt components (split accounting). In the process, the fair value of the debt components of the financial instrument must be determined by discounting the nominal value of the compound financial instrument using a market interest rate for comparable terms without considering any spread for the risks specific to the participation in profits. They are disclosed under the Statement of Financial Position item Subordinated capital (see Note [70]). The debt components are unwound in the subsequent periods. The resulting expense is posted to net interest income. The equity components, which constitute a residual interest in the sense of IAS 32.11, correspond to the net present value of the expected future distributions and are reported under equity. The debt servicing associated with these hybrid financial instruments is contractually attached to a net profit for the year being reported in the German HGB annual financial statements of Sparkasse KölnBonn as a standalone entity. At the end of 2010 the following hybrid financial instruments were in circulation: ISIN Issuer Date of issuance Nominal value in EUR ’000 Interest rate Maturity 420502 Sparkasse KölnBonn 22.12.2008 150,000 8.00 % 30.06.2014 420503 Sparkasse KölnBonn 22.12.2008 150,000 8.00 % 30.06.2014 130 Notes to the Consolidated Financial Statements 2010 The hybrid capital tranches shown in the table participated in the net loss for the year of Sparkasse KölnBonn in 2008 and 2009. Consequently, the equity component is reduced by their share in the loss. According to the 2010 annual financial statements of Sparkasse KölnBonn pursuant to the German commercial code, a total of EUR 47,236 thousand has been paid back into profit participation capital. No interest payments were made in 2010 as the prior duty under German commercial law was to replenish profit participation capital that had been consumed in prior years. The replenishment of profit participation capital was allocated to the equity components of the instruments as the share in losses was charged against these components.For fiscal year 2010, the creditor extending the hybrid capital has a right to receive interest of EUR 24,000 thousand (prior year: EUR 24,600 thousand) and also received the right to replenishment of the equity component by an amount of EUR 10,195 thousand (prior year: EUR 57,431 thousand). Fiscal year Nominal value Obligation to replenish Interests in arrears (All figures in EUR ’000) 2008 300,000 40,588 600 2009 300,000 16,843 24,000 57,431 24,600 Subtotal 2010 300,000 Total -47,236 24,000 10,195 48,600 The development is shown in the following table. All other components of the hybrid capital tranches qualify as debt capital. The hybrid capital breaks down as follows: 31.12.2010 31.12.2009 31.12.2008 EUR ’000 EUR ’000 EUR ’000 300,000 300,000 300,000 -57,431 -40,588 - 242,569 259,412 300,000 Debt component before loss participation 250,484 240,642 240,642 Unwinding of debt components before loss participation 10,245 9,842 - Unwound debt components before loss participation 260,729 250,484 240,642 Debt component after loss participation 260,729 250,484 240,642 Equity component before loss participation 2,141 18,770 59,358 Unwound equity capital before loss participation 2,141 18,770 59,358 - -16,843 -40,588 47,236 - - - 214 - 49,377 2,141 18,770 Nominal value of hybrid capital less loss participation prior years Nominal amount adjusted for loss participation prior year of which: less loss participation share in net loss for the year of Sparkasse KölnBonn plus replenishment according to the annual financial statements of Sparkasse KölnBonn prepared in accordance with German commercial law Other Equity component after loss participation 131 Notes to the Consolidated Financial Statements 2010 [72] Other Lliabilities Other liabilities include the following items: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 46,455 111,979 -58.5 Accrued liabilities for bonus payments 939 2,504 -62.5 Deferred obligations for vacation accrued and overtime credits 542 604 -10.3 8,319 10,354 -19.7 75,532 95,257 -20.7 131,787 220,698 -40.3 Accrued liabilities for unpaid invoices Payment obligations Sundry other liabilities Total An accrued liability of EUR 5,260 thousand (prior year: EUR 81,861 thousand) was recognised to cover the risks associated with WestLB. Other liabilities include liabilities of EUR 41,119 thousand (prior year: EUR 107,679 thousand) which are expected to be settled in more than twelve months. The accrued liabilities for bonus payments, vacation accrued and overtime credits, which were previously recorded under sundry other liabilities will be reported separately from fiscal year 2010 onwards. The prior-year figures have been adjusted accordingly. [73] Liabilities Held for Sale The liabilities associated with assets held for sale in prior year relate to liabilities of fully consolidated subsidiaries which are to be treated as a disposal group pursuant to IFRS 5.38. Please see Note [54] for more comments. The liabilities held for sale break down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % Liabilities to banks 72,540 - - Liabilities to customers 50,003 - - 4,234 - - 126,777 - - Other liabilities Total 132 Notes to the Consolidated Financial Statements 2010 [74] Equity The components of the equity of the Sparkasse KölnBonn Financial Group are explained below. In fiscal year 2009, Zweckverband Sparkasse KölnBonn, as the responsible body for Sparkasse KölnBonn, granted silent participation of EUR 350,000 thousand (Statement of Financial Position item 12a), the value of which was reduced by EUR 19,522 thousand to EUR 330,478 thousand on account of the share in the losses made in fiscal year 2009 allocable to the participation. The silent participation meets the definition of equity found in IAS 32.11. The revenue reserves (Statement of Financial Position 12.b) comprise the security reserve and the other revenue reserves. In keeping with § 25 of the Savings Bank Act (Sparkassengesetz) of North Rhine-Westphalia the security reserve is created from retained earnings. The other revenue reserves are all voluntary reserves. They consist of additions to equity upon the adoption of International Financial Reporting Standards pursuant to IFRS 1 as of 1 January 2006 and retained earnings that have not been added to the security reserve. The fund for general banking risks (Statement of Financial Position 12.c) has been recognised pursuant to § 340g HGB to cover the special risks that lending institutes are exposed to. As this fund qualifies as equity under the definition of International Financial Reporting Standards, it is reported as a component of equity in the Consolidated Statement of Financial Position. The revaluation reserve (Statement of Financial Position 12.d) consists of changes in the market value of available for sale (AfS) financial instruments taking account of the related changes in deferred taxes, all of which are posted directly to equity. The changes are not posted through profit or loss until the asset is sold or written down due to an impairment loss. Furthermore, the revaluation reserve contains the results of rolling forward the carrying amounts of entities measured using the equity method which are not posted through profit or loss. With regard to equity instruments, it should be noted that later reinstatements to reverse an impairment loss may only be posted to the revaluation reserve without affecting income. Please see Note [71] for more details on hybrid financial instruments (Statement of Financial Position item 12.e). Minority interests in the equity of subsidiaries not attributable to the parent company are reported as minority interests under Group equity (Statement of Financial Position item 12.f) unless they qualify as a liability under IAS 32. For the development of equity, please refer to the statement of changes in equity. 133 Notes to the Consolidated Financial Statements 2010 Other Disclosures [75] Quantitative Disclosures on Risk Management A detailed presentation of the measurement, management, and controlling of the risks confronting the Sparkasse KölnBonn Financial Group is included in the Risk Report section of the Group Management Report. The following section also contains additional quantitative disclosures on the credit risk. Please see Note [80] for information on the liquiditiy risk. The credit risk, or default risk, refers to the risk that a contractual partner of the Sparkasse KölnBonn Financial Group does not honour its obligations from a business transaction and the Sparkasse KölnBonn Financial Group suffers a financial loss as a result. The default risk includes the risks of counterparty default from the lending business, the risk that the issuer of a security defaults on the instrument, counterparty default in trading business and also the country risk. As defined by the Sparkasse KölnBonn Financial Group, financial instruments that result in a credit exposure for the Group are all transactions that could result in a loss because a business partner of the Sparkasse KölnBonn Financial Group fails to honour its (contractual) obligations. This also includes risks that are not captured in the statement of financial position. The calculation of the gross amount of financial instruments representing an exposure for the Group does not consider any collateral or other agreements that would mitigate the risk and therefore represents the maximum credit risk of the Sparkasse KölnBonn Financial Group. The amounts represent the carrying amounts after deduction of any specific or portfolio-based allowances. 134 Notes to the Consolidated Financial Statements 2010 The gross amount of financial instruments exposed to the default risk is as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 2,651,946 1,641,657 61.5 827,880 1,478,036 -44.0 7,751 7,384 5.0 1,816,315 156,237 >100.0 Claims on customers 20,319,761 20,840,196 -2.5 Loans and receivables (LAR) less risk provision 20,186,075 20,649,551 -2.2 - - . 133,686 190,645 -29.9 3,830,152 4,140,480 -7.5 1,200 - . 3,370,188 3,438,634 -2.0 46,821 43,392 7.9 34 28 21.4 391,771 627,147 -37.5 8,897 20,098 -55.7 11,241 11,181 0.5 1,319,809 2,130,164 -38.0 - 320,017 -100.0 Positive fair value of trading derivatives (AFV trading) 293,679 578,558 -49.2 Positive market value of interest derivatives for which the fair value has been exercised (AFV trading) 995,990 572,261 74.0 7,000 634,639 -98.9 18,833 23,499 -19.9 4,307 1,190 >100.0 - - . 676,382 745,497 -9.3 2,047,723 1,836,961 11.5 - - . 30,845,773 31,334,955 -1.6 Claims on banks Loans and receivables (LAR) less risk provision Loans and receivables (AFS) Loans and receivables (AFV designated) Loans and receivables (AFS) Loans and receivables (AFV designated) Financial assets Bonds and other interest-bearing securities (LAR) Bonds and other interest-bearing securities (AFV designated) Shares and other variable-yield securities (AFS) Pension funds (AFV designated) Equity investments and associates not recognised at equity (AFS) Shares in non-consolidated subsidiaries (AFS) Other financial assets (AFS) Assets held for trading Sight deposits and fixed-term deposits (AFV trading) Bonds and other interest-bearing securities (AFV trading) Loans on promissory notes (AFV trading) Shares and other variable-yield securities (AFV trading) Other assets held for trading (AFV trading) Guarantees and warranties Irrevocable loan commitments Other financial instruments exposed to the default risk Total The Sparkasse KölnBonn Financial Group requires collateral to reduce its credit risk. For claims on customers, the collateral primarily consists of land charges but also guarantees and warranties. Credit Default Swaps (CDS) are used to secure individual financial assets. As at the reporting date, the nominal value of these CDS comes to EUR 92,000 thousand (prior year: EUR 92,000 thousand). Financial instruments subject to the default risk which do not meet the criteria for impairment under IAS 39 in spite of being in arrears are listed in the table below. 135 Notes to the Consolidated Financial Statements 2010 Non-performing financial instruments at default risk 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 408,768 397,599 2.8 between 3 and 6 months 41,835 22,614 85.0 between 6 and 12 months 65,805 61,928 6.3 more than 12 months 446,777 232,506 92.2 Deposits available for offsetting 194,351 228,013 -14.8 3 months or less 87,607 110,577 -20.8 between 3 and 6 months 63,661 32,056 98.6 between 6 and 12 months 7,355 9,764 -24.7 more than 12 months 4,564 8,229 -44.5 6,516 - - between 3 and 6 months - - - between 6 and 12 months - - - more than 12 months - - - 3 months or less 502,891 508,176 -1.0 between 3 and 6 months 105,496 54,670 93.0 between 6 and 12 months 73,160 71,692 2.0 more than 12 months 451,341 240,735 87.5 Deposits available for offsetting 194,351 228,013 -14.8 Overdrafts (LAR) 3 months or less Loans (LAR) Loans (AFV) 3 months or less Total The customary collateral demanded by the bank was also obtained for these receivables. The fair value of the collateral was not determined on the grounds that the costs would outweigh the benefits. The deposits available for offsetting relate to the deposits as defined by §10 RechKredV. If the conditions or terms of repayment of the claims at default risk were restructured due to the creditrating of the counterparty the Sparkasse KölnBonn Financial Group has provided adequately for the default risk by means of a specific valuation allowance. As at the closing date, the Sparkasse KölnBonn Financial Group had restructured financial instruments of EUR 488,390 thousand (prior year: EUR 591,552 thousand) in its portfolio. 136 Notes to the Consolidated Financial Statements 2010 Losses that are more likely than not as at closing date and that are founded in economic reasons at this date, are covered by specific valuation allowances or by writing down the instrument directly. The measurement of risk provisions considers both the amount and timing of future cash flows that are expected from the borrower and any possible use of collateral by discounting them to net present value. Financial instruments for which a specific valuation allowance has been created are revalued on a regular basis. The amortised cost of those financial instruments for which a specific valuation allowance has been recognised are presented by the Sparkasse KölnBonn Financial Group below prior to risk provisioning, along with the valuation allowances, and the net present value of any collateral. 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % 530,558 510,217 4.0 14,856 69,500 -78.6 545,414 579,717 -5.9 302,167 299,441 0.9 2,564 17,019 -84.9 304,731 316,460 -3.7 228,391 210,776 8.4 - - . 228,391 210,776 8.4 Amortised cost prior to risk provisions Claims on customers (LAR) Equity investments, shares in non-consolidated subsidiaries and associates not recognised at equity Risk provision / Provisions for lending business / direct write-offs (AFS) Claims on customers (LAR) Equity investments, shares in non-consolidated subsidiaries and associates not recognised at equity Present value of available collateral Claims on customers (LAR) Equity investments, shares in non-consolidated subsidiaries and associates not recognised at equity Further explanations on the development of the risk provision, categorised by product, can be found in the “Risk provisions” item in the statement of financial position (Note [35]) and in the notes on the accounting and measurement methods that have been applied. 137 Notes to the Consolidated Financial Statements 2010 [76] Net Result of Measurement Categories under IAS 39 The net result of IAS 39 categories breaks down as follows: 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % -86,114 -122,025 -29.4 17,312 -2,376 . 947 -265 . of which not affecting profit and loss 16,365 -2,111 . Financial assets/liabilities at fair value through profit or loss (AFV/LFV designated) 72,590 71,495 1.5 of which AFV/LFV trading 51,105 -45,922 . of which AFV/LFV designated 21,485 117,417 -81.7 Other financial liabilities (OFL) -2,635 -1,724 52.8 1,153 -54,630 . Loans and receivables (LAR) Available-for-sale (AFS) of which through profit or loss Total The presentation of the net results is independent of the type and function of the financial instrument and based solely on their categorisation under IAS 39. This includes all components of the result originating from the gain or loss on financial instruments measured at fair value through profit or loss, investment income and other operating income and expenses. 138 Notes to the Consolidated Financial Statements 2010 [77] Fair Value of Financial Instruments Fair value is the amount for which an asset could be exchanged, or a liability settled, between knowledgeable, willing parties in an arm's length transaction. If there are any quoted prices from an active market available, these are taken to determine fair value. If no active market is available, fair value is determined using suitable valuation techniques whose input parameters are based on observable market data. Generally, the discounted cash flow model and option pricing models are used as well as other valuation techniques used by market players. The carrying amount of claims on customers and banks and liabilities to customers and banks with a residual term of less than 12 months is assumed to be an adequate estimate of their fair value as an accounting convenience if there is no such value for this financial instrument. In such cases, no separate calculation of market value has been made. The fair values of each category of financial assets and financial liabilities are as follows: 31.12.2010 31.12.2009 Book value Market value Book value Market value EUR ’000 EUR ’000 EUR ’000 EUR ’000 828,279 832,645 1,486,985 1,490,514 Claims on customers 20,561,450 20,470,311 21,022,307 20,632,977 Total assets 21,389,729 21,302,956 22,509,292 22,123,491 5,553,036 5,556,110 6,177,398 6,155,456 17,465,917 17,559,818 17,111,548 17,195,676 Securitised liabilities 1,557,339 1,563,477 1,839,332 1,873,541 Subordinated liabilities 1,061,188 1,065,140 1,101,121 1,202,596 25,637,480 25,744,545 26,229,399 26,427,269 Assets Claims on banks Liabilities and equity Liabilities to banks Liabilities to customers Total liabilities and equity The table above only contains those financial instruments which are not already measured at fair value. On the assets side, this concerns financial assets in the category “loans and receivables” (LAR) and under liabilities the category “other financial liabilities” (OFL). The fair values of claims on customers and liabilities to customers also contain the net present value of any cost or profit margins. Where the resulting fair value is in excess of historical cost (for financial assets) or below it (for financial liabilities), the difference is not recorded directly but as a component of the interest payments over the term of the instrument. 139 Notes to the Consolidated Financial Statements 2010 [78] Disclosures on the Fair Value Hierarchy Pursuant to IFRS 7 Pursuant to the amended disclosures required by IFRS 7, Sparkasse KölnBonn has to classify fair value measurements of all financial instruments accounted for at fair value (measurement category AFV, AFS and LFV) using a fair value hierarchy that reflects the significance of the inputs used in making the measurements. As a result, financial instruments measured at fair value are classified pursuant to the three-level hierarchy in the sense of IFRS 7.27A as follows: — Level 1 – Financial instruments for which fair value is measured on quoted prices (unadjusted) in active markets for identical assets or liabilities. — Level 2 – Financial instruments for which no quoted prices for identical instruments are available on active markets and fair value is established using a valuation technique. The valuation techniques applied include comparisons with quoted prices of similar financial instruments on active markets, comparisons with quoted prices of identical or similar financial instruments on inactive markets as well as the use of valuation techniques for which all significant inputs are observable for the asset or the liability, either directly (as prices) or indirectly (derived from prices). — Level 3 – Financial instruments measured by using valuation techniques for which inputs for the asset or liability are not based on sufficiently observable market data and these inputs affect their fair value in a not insignificant way. Estimates and assumptions made are based on historical experience and other factors which seem to be appropriate under the given circumstances. Realisable fair values that would be determined at a later point in time may differ from estimated fair values. Financial instruments accounted for at fair value are disclosed by class of financial instruments. The hierarchy shall consider whether measurement was based on quoted prices (Level 1), whether the valuation technique used was based on observable market data (Level 2) or on inputs that are not observable on the market (Level 3). 140 Notes to the Consolidated Financial Statements 2010 The following table shows the book value of the financial instruments measured at fair value using the fair value hierarchy: 31.12.2010 (Reporting Year) All figures in EUR ’000 Quoted prices on active markets (Level 1) Valuation techniques based on observable market data (Level 2) Valuation techniques based on not observable market data (Level 3) Financial assets measured at fair value Fair value through profit or loss 1,281,350 4,470,553 888,448 Claims on banks (AFV designated) - 1,816,315 - Claims on customers (AFV designated) - 133,686 - 3,988 911,493 404,328 Financial assets (AFV designated) 1,277,043 1,609,059 484,120 Fair value not through profit or loss 63,878 - 649,144 - - 7,751 60,162 - 185,234 3,716 - 455,014 Assets held for trading (AFV trading) Claims on banks (AFS) Non-current assets held for sale (AFS) Financial assets (AFS) Other receivables (AFS) - - 1,145 1,345,228 4,470,553 1,537,592 - 2,362,625 210,041 Liabilities to banks (LFV designated) - 191,760 - Liabilities to customers (LFV designated) - 488,556 - Liabilities held for trading (LFV trading) - 1,506,094 210,041 Securitised liabilities (LFV designated) - 126,887 - Total financial assets measured at fair value Financial liabilities measured at fair value Fair value through profit or loss Subordinated (LFV designated) Total financial liabilities measured at fair value - 49,328 - - 2,362,625 210,041 141 Notes to the Consolidated Financial Statements 2010 In the prior year, the fair value hierarchy of financial instruments measured at fair value was as follows: 31.12.2009 (Prior Year) All figures in EUR ’000 Quoted prices on active markets (Level 1) Valuation techniques based on observable market data (Level 2) Valuation techniques based on not observable market data (Level 3) Financial assets measured at fair value Fair value through profit or loss 1,655,649 3,422,341 837,718 Claims on banks (AFV designated) - 156,237 - Claims on customers (AFV designated) - 190,645 - 116,487 1,774,642 239,035 Financial assets (AFV designated) 1,539,162 1,300,817 598,683 Fair value not through profit or loss 42,911 1 667,404 Claims on banks (AFS) - - 7,384 Financial assets (AFS) 42,911 1 658,906 - - 1,114 1,698,560 3,422,342 1,505,122 - 2,929,577 16,827 Liabilities to banks (LFV designated) - 94,735 - Liabilities to customers (LFV designated) - 502,196 - Liabilities held for trading (LFV trading) - 1,876,220 16,827 Securitised liabilities (LFV designated) - 403,333 - Subordinated (LFV designated) - 53,093 - - 2,929,577 16,827 Assets held for trading (AFV trading) Other receivables (AFS) Total financial assets measured at fair value Financial liabilities measured at fair value Fair value through profit or loss Total financial liabilities measured at fair value Level 1 contains equity instruments, corporate bonds and government bonds listed on major public exchanges. The majority of OTC derivates are classified as Level 2. Level 3 contains OTC derivatives with input parameters based primarily on their credit-ratings, asset-backed securities not actively traded and equity investments and shares in affiliated companies. 142 Notes to the Consolidated Financial Statements 2010 The disposals and additions from reclassifications of financial instruments measured at fair value in Levels 1 and 2 are presented in the following table at their fair value at the beginning of the reporting period: 2010 (Reporting Year) All figures in EUR ’000 Disposal from Level 1 Disposal from Level 2 Addition to Level 1 Addition to Level 2 Financial assets measured at fair value Fair value through profit or loss 292,557 28,347 28,347 Assets held for trading (AFV trading) - - - Claims on banks (AFV designated) - - - - Claims on customers (AFV designated) - - - - Financial assets (AFV designated) 292,557 28,347 28,347 292,557 Fair value not through profit or loss - - - - - - - - 292,557 28,347 28,347 292,557 Financial assets (AFS) Financial assets measured at fair value 292,557 The following table shows the reclassification in the prior fiscal year: 2009 (Prior Year) All figures in EUR ’000 Disposal from Level 1 Disposal from Level 2 Addition to Level 1 Addition to Level 2 67,775 410,549 420,572 68,939 Financial assets measured at fair value Fair value through profit or loss Assets held for trading (AFV trading) 11,656 6,510 6,510 11,656 Claims on banks (AFV designated) - - - - Claims on customers (AFV designated) - - - - Financial assets (AFV designated) 56,119 404,039 414,062 57,283 Fair value not through profit or loss - - - - - - - - 67,775 410,549 420,572 68,939 Financial assets (AFS) Financial assets measured at fair value Reclassifications between Level 1 and Level 2 exclusively consist of financial assets (AFV designated). These reclassifications are due to the fact that these financial instruments are not measured on the basis of the prices observed on an active market but on the results of valuation techniques using inputs that are generally observable. On account of the partial recovery of the financial markets, some financial assets were once again measured on the basis of the prices observed on the market. This resulted in reclassifications from Level 2 to Level 1. 143 Notes to the Consolidated Financial Statements 2010 The following table shows the reconciliation of Level 3 financial instruments between the periods for the 2010 reporting year: All figures in EUR ’000 Opening balance Additions Disposals Valuation Transfers to (+) or out (-) of Level 3 Closing balance Assets Assets held for trading 239,035 319 31,872 128,425 68,421 404,328 Claims on banks 7,384 - - 367 - 7,751 Financial assets (securities) 636,212 1,000 134,165 24,178 - 527,225 Financial assets (special funds) 2,881 - 2,881 - - - Non-current assets held for sale (investments) - 184,181 - - - 184,181 Non-current assets held for sale (shares in affiliated companies) - 1,053 - - - 1,053 587,217 1,303 190,338 -6,411 - 391,771 Financial assets (shares in affiliated companies) 1) 2) 20,098 710 12,224 313 - 8,897 Financial assets (other financial assets) 11,181 29 1,145 1,176 - 11,241 1,114 - - 31 - 1,145 16,827 685 9,109 27,827 173,811 210,041 Financial assets (investments) 1) Other assets Obligations Liabilities held for trading 1) Disposals including reclassifications to „Non-current assets available for sale”. 2) Disposals including disposals from the first-time consolidation of S MittelstandsKapital KölnBonn GmbH. 144 Notes to the Consolidated Financial Statements 2010 The following table shows the reconciliation in the prior year: All figures in EUR ’000 Opening balance Additions Disposals Valuation Transfers to (+) or out (-) of Level 3 Closing balance Assets Assets held for trading 204,544 313 17,320 51,498 - 239,035 Claims on banks 7,034 - - 350 - 7,384 Claims on banks (special funds) 88 - 88 - - - Financial assets (securities) 709,348 - 25,934 -47,202 - 636,212 Financial assets (special funds) 23,428 - 9,987 315 -10,875 2,881 Financial assets (investments) 627,881 1,165 29,328 -12,501 - 587,217 Financial assets (shares in affiliated companies) 23,738 - 136 -3,504 - 20,098 Financial assets (other financial assets) 20,519 - 9,475 137 - 11,181 1,105 - - 9 - 1,114 18,692 1,636 7,425 3,924 - 16,827 Other assets Obligations Liabilities held for trading The reclassifications in 2009 of financial assets from Level 3 to higher levels are generally due to the recovery of market conditions (principally the liquidity of the market) and the related improvement in observable valuation parameters. Gains or losses on the financial instruments disclosed here are posted through profit or loss under the line item “Gain or loss on financial instruments measured at fair value through profit or loss”. The increase or decrease in the fair value of financial instruments not affecting profit and loss and reclassified to the AFS category is disclosed in investment income. Gains and losses posted directly to equity can be found in the statement of comprehensive income. The measurement effects from valuing assets and liabilities held for trading, financial assets (securities and investment funds) as well as claims on the banks of the investment funds at fair value are all posted to other comprehensive income through profit or loss. Other measurement effects are posted directly to other comprehensive income without affecting profit and loss. 145 Notes to the Consolidated Financial Statements 2010 The following summary shows the impact on the consolidated income statement and on other comprehensive income (OCI) as shown in the consolidated statement of comprehensive income that would arise if the value of Level 3 financial instruments developed positively or negatively, i.e. where one or more inputs change for the better or worse when making reasonable possible alternative assumptions. All figures in EUR ’000 Positive case Income statement Negative case OCI Income statement OCI Assets Assets held for trading 5,848 - -26,021 - Claims on banks - 160 - -240 Financial assets (securities) 33,386 - -50,721 - Financial assets (investments) 1) - 67,999 -2,400 -49,887 Financial assets (shares in affiliated companies) 1) - 1,019 - -1,457 Financial assets (other financial assets) - 1,696 -905 -444 Other assets - 5 - -8 331 - -2,027 - Obligations Liabilities held for trading The sensitivity analysis of assets held for trading has been performed by analysing the impact of creditrating induced factors on the market value of the derivative financial instruments held in the category. For financial assets (securities) the scenarios have been developed on the basis of alternative assumptions, derived primarily from the parameters used in the valuation techniques applied. The scenarios for equity investments and shares in affiliated companies are based on different assumptions for the earnings developments of the entities concerned. The remaining items are treated similarly. 146 Notes to the Consolidated Financial Statements 2010 [79] Reconciliation Pursuant to IFRS 7.28 Pursuant to IAS 39 the fair value of financial instruments generally corresponds to the transaction price. If, however, there are any differences between the fair value and the transaction price, these are not posted through profit or loss immediately upon acquisition in accordance with IAS 39 AG76A (see Note [11] b)). The differences that have not yet been posted through profit or loss break down as follows: Unrecognised differences at the beginning of the period Additions from new business 31.12.2010 31.12.2009 EUR ’000 EUR ’000 39,570 48,208 1,713 1,457 Differences recognised through profit or loss in the fiscal year 12,440 10,095 Unrecognised differences at the end of the period 28,843 39,570 [80] Maturity Analysis The following comments contain additional disclosures related to the reporting requirements for the liquidity risk as defined by IFRS 7.34 in conjunction with IFRS 7.B10 and IFRS 7.B11 et seq. The liquidity risk is defined as the risk of not being able to meet obligations that have been entered into in relation to financial liabilities that must be settled in cash or other financial assets. A quantitative presentation has been made in the form of residual maturities. Maturity is deemed to be the period between the closing date and the contractual date on which the asset falls due. In the process, the maturities of financial instruments that are paid or are payable in instalments are broken down into the respective instalments. Instalments refer to payments of both principal and any contractually agreed interest payments. The spot rates on closing date are used to determine the undiscounted cash flows from floating rate receivables and liabilities. The cash flows from financial receivables and liabilities without any predetermined due date – primarily current account loans and sight deposits – are allocated to the first maturity band, in accordance with IFRS. This treatment possibly results in overstating some cash inflows and outflows, as generally a portion of these liabilities are non-current in nature despite being on-call in a legal sense. The maturity analysis includes significant items of the structure of the statement of financial position. Maturities in connection with leases are presented in Note [83]. The Sparkasse KölnBonn Financial Group can service its payment obligations to its counterparties by taking out money market loans, utilising credit lines at Westdeutsche Landesbank AG arranged to aid cash management, refinancing via open market transactions at Deutsche Bundesbank, and also selling its liquid financial assets on the capital market. Moreover, there is a possibility of availing itself - for the short-term - of any deposits in excess of the minimum reserve. 147 Notes to the Consolidated Financial Statements 2010 The contractually agreed residual terms for financial liabilities on a cash flow basis pursuant to IFRS 7.39c in conjunction with IFRS 7.B11E are presented in the following table: Reporting year Assets Cash reserve Claims on banks Less than 1 month Total 3 months to 1 year 1 year to 5 years More than 5 years Total EUR ’000 EUR ’000 EUR ’000 EUR ’000 EUR ’000 EUR ’000 328,396 - - - - 328,396 1,696,197 637,913 59,672 151,539 126,887 2,672,208 - - - - - - 6,028 23,431 67,145 732,529 69,063 898,196 2,030,621 661,344 126,817 884,068 195,950 3,898,800 Assets held for trading Financial assets Up to three months The above mentioned line items mainly include financial instruments used for cash management purposes by Sparkasse KölnBonn. This includes cash, cash equivalents and other highly liquid assets. In the prior year, the contractually agreed residual terms for financial liabilities broke down as follows: Prior year Assets Less than 1 month Up to three months 3 months to 1 year 1 year to 5 years More than 5 years Total EUR ’000 EUR ’000 EUR ’000 EUR ’000 EUR ’000 EUR ’000 Cash reserve 691,891 - - - - 691,891 Claims on banks 948,575 26,488 122,008 196,509 121,164 1,414,744 Assets held for trading 320,017 - - - - 320,017 4,968 6,228 6,508 631,803 59,937 709,444 1,965,451 32,716 128,516 828,312 181,101 3,136,096 Financial assets Total 148 Notes to the Consolidated Financial Statements 2010 The contractually agreed residual terms for financial liabilities on a cash flow basis break down in fiscal year as follows: Reporting year Liabilities and equity Less than 1 month Up to three months 3 months to 1 year 1 year to 5 years More than 5 years Total EUR ’000 EUR ’000 EUR ’000 EUR ’000 EUR ’000 EUR ’000 247,522 203,172 460,645 3,972,909 1,465,594 6,349,842 7,968,037 5,771,550 829,853 1,938,024 2,631,800 19,139,264 Assets held for trading (net settlement) 15,221 34,399 7,194 3,498 7,864 68,176 Liabilities held for trading (gross settlement*) 68,537 78,551 338,894 787,018 174,885 1,447,885 49,876 131,549 243,195 1,452,210 842,008 2,718,838 118,413 210,100 582,089 2,239,228 1,016,893 4,166,723 - - - - - - Securitised liabilities 1,933 494,992 182,067 941,788 193,044 1,813,824 Subordinated capital 563 4,396 64,514 852,823 617,551 1,539,847 46,891 2,731 44,321 10,803 30,410 135,156 8,641 - - - - 8,641 2,047,723 - - - - 2,047,723 10,405,068 6,589,791 1,927,488 8,506,863 5,121,148 32,550,358 Liabilities to banks Liabilities to customers Cash inflows Cash outflows Other liabilities held for trading Other liabilities Financial guarantees Irrevocable loan commitments Total In the prior year, the residual terms broke down as follows: Prior year Liabilities and equity Less than 1 month Up to three months 3 months to 1 year 1 year to 5 years More than 5 years Total EUR ’000 EUR ’000 EUR ’000 EUR ’000 EUR ’000 EUR ’000 314,537 211,983 453,779 3,018,026 3,819,185 7,817,510 7,761,486 4,864,141 741,345 2,672,326 2,195,053 18,234,351 Assets held for trading (net settlement) 8,054 11,203 54,906 9,086 73,046 156,295 Liabilities held for trading (gross settlement*) 52,724 63,487 295,324 483,995 82,599 978,129 Liabilities to banks Liabilities to customers Cash inflows 22,306 70,106 148,197 1,547,581 1,130,175 2,918,365 Cash outflows 75,030 133,593 443,521 2,031,576 1,212,774 3,896,494 3,158 - 300,000 - - 303,158 30,488 87,226 436,056 1,582,714 284,852 2,421,336 Other liabilities held for trading Securitised liabilities Subordinated capital Other liabilities Financial guarantees Irrevocable loan commitments Total 563 3,756 134,283 710,990 854,220 1,703,812 74,412 6,133 31,995 76,717 31,441 220,698 3,944 - - - - 3,944 1,836,961 - - - - 1,836,961 10,086,327 5,247,929 2,447,688 8,553,854 7,340,396 33,676,194 *) Reports contractual cash flows from interest rate-hedging derivatives pursuant to IFRS 7.39(b), IFRS 7.B11B and IDW RS HFA 24 item 60. The prior year’s figures were adjusted as given in gross terms. 149 Notes to the Consolidated Financial Statements 2010 [81] Disclosures on the Use of the Fair Value Option for Financial Assets and Financial Liabilities The Sparkasse KölnBonn Financial Group applies the fair value option to avoid or reduce an accounting mismatch in the recognition of securities and loans that are hedged by interest derivatives. The designated assets include receivables of EUR 1,950,001 thousand (prior year: EUR 346,882 thousand). Of their change in fair value in the year under review, an amount of EUR -1,896 thousand (prior year: EUR -1,249 thousand) is caused by changes in credit ratings. Taken together, the changes in fair value due to changes in credit ratings amount to EUR -3,542 thousand (prior year: EUR -1,646 thousand). The changes in the fair value of receivables due to changes in credit risks were determined by taking the change in fair value and subtracting the change resulting from general market parameters. The portfolio of securities includes debt instruments of EUR 541,643 thousand (prior year: EUR 633,180 thousand) from securitised debt transactions which generally meet the criteria for allocation to the LAR category but have been measured at fair value by exercising the fair value option. Due to new ratings, the fair value of these debt securities changed in fiscal year by EUR 13,095 thousand (prior year: EUR 836 thousand). Changes in value were first recorded in 2007. The fair value of liabilities voluntarily designated as at fair value amounts to EUR 856,531 thousand (prior year: EUR 1,053,357 thousand) at closing date. The settlement amount for these financial liabilities amounts to EUR 858,762 thousand (prior year: EUR 1,208,183 thousand), In March 2010 the external rating agency Moody's has adjusted Sparkasse KölnBonn’s rating (from Aa2 to A1 long-term, from C to D- financial strength, P-1 short-term (no adjustment)). This resulted in changes in the fair values of the designated financial liabilities of EUR 1,396 thousand (prior year: EUR 0 thousand). 150 Notes to the Consolidated Financial Statements 2010 [82] Contingent Liabilities and other Commitments Contingent liabilities and other commitments of the Sparkasse KölnBonn Financial Group primarily contain potential future liabilities of the Group. These liabilities relate to guarantees entered into and credit lines granted to customers but not availed of yet. If the credit lines granted, and the guarantees issued, are availed of, the possible obligation of the Sparkasse KölnBonn Financial Group would be reflected in the following figures. 31.12.2010 31.12.2009 Delta EUR ’000 EUR ’000 % - - - From guarantees and warranties 676,382 745,497 -9.3 Loan guarantees 146,244 216,962 -32.6 14,276 22,469 -36.5 515,862 506,066 1.9 2,047,723 1,836,961 11.5 9,837 8,857 11.1 2,733,942 2,591,315 5.5 Contingent liabilities From negotiated and discounted bills of exchange Documentary credits Other guarantees and warranties Irrevocable loan commitments Other contingent liabilities Contingent liabilities 151 Notes to the Consolidated Financial Statements 2010 [83] a) Notes to Leases The Group as Lessee - Finance Leases The Sparkasse KölnBonn Financial Group acts as a lessee in a number of finance leases for real estate. These leases are for properties which are either subleased under operating leases or are used by the Group for its own activities. The residual terms of the leases range from eight to twenty years. There are options to renew the leases but no purchase options. These renewal options cannot be exercised before 2018. The agreed rental payments are partly pegged to changes in the consumer price index. The net carrying amounts of the properties covered by finance leases are shown in the following table: 31.12.2010 31.12.2009 EUR ’000 EUR ’000 43,618 96,574 Investment properties 311,299 325,895 Net carrying amount of properties acquired under finance leases 354,917 422,469 Property, plant and equipment The assets disclosed as property, plant and equipment and investment properties have been passed on to third parties within the framework of non-cancellable sub-leases. This results in expected future minimum lease payments of EUR 512,118 thousand (prior year: EUR 541,609 thousand). The liabilities from finance leases break down by residual term as follows: 31.12.2010 31.12.2009 EUR ’000 EUR ’000 39,738 29,758 Between one and five years 158,954 158,404 Due in more than five years 460,404 497,270 Total 659,096 685,432 Minimum lease payments Due in less than one year The difference between the minimum lease payments and their net present value results from discounting at the imputed interest rate inherent in the leases. 31.12.2010 31.12.2009 EUR ’000 EUR ’000 38,395 28,684 Between one and five years 133,720 133,720 Due in more than five years 257,717 279,905 Total 429,832 442,309 Net present value of minimum lease payments Due in less than one year 152 Notes to the Consolidated Financial Statements 2010 The lease payments posted through profit or loss in the reporting period break down into unconditional lease payments and conditional lease payments as follows: Breakdown of lease payments recorded through profit or loss Unconditional lease payments (minimum lease payments) Conditional lease payments Total 31.12.2010 31.12.2009 EUR ’000 EUR ’000 29,861 21,404 16 - 29,877 21,404 Please see Notes [57] and [58] for the development of investment properties acquired under finance leases. b) The Group as Lessee - Operating Leases Sparkasse KölnBonn acts as a lessee in a number of operating leases, primarily for real estate. These leases are for properties which are either subleased to third parties or are used by the Group for its own activities. The properties used by the Group are partially a result of sale and lease back transactions in the sense of IAS 17.61 Clause 1. The residual terms of the leases are from one month to 20 years or run for an indefinite period of time. There are options to renew the leases but no purchase options. These renewal options cannot be exercised before 2011. The agreed rental payments are partly pegged to changes in the consumer price index. In addition, the Sparkasse KölnBonn Financial Group has entered a number of operating leases for real estate, automatic teller machines, vehicles, advertising space and hydroculture plants. Total future minimum lease payments on non-cancellable operating leases, where the Group acts as the lessee, is as follows: Future minimum lease payments from operating leases 31.12.2010 31.12.2009 EUR ’000 EUR ’000 Residual term Due in less than one year 41,702 37,722 Between one and five years 129,515 132,278 Due in more than five years 198,682 217,295 Total 369,899 387,295 Some of the leased assets have been passed on to third parties under non-cancellable sub-leases. This results in expected future minimum lease payments of EUR 31,337 thousand (prior year: EUR 32,431 thousand). 153 Notes to the Consolidated Financial Statements 2010 The payments posted through profit or loss in the reporting period pertaining to lease instalments and sublease payments are as follows: Breakdown of lease and sub-lease payments through profit or loss Unconditional lease payments (minimum lease payments) Conditional lease payments 31.12.2010 31.12.2009 EUR ’000 EUR ’000 37,570 35,065 270 243 Total 37,840 35,308 of which relating to sub-leases 27,785 24,482 Differences between the reported rental expenses for properties covered by operating leases and the rental expenses presented in Note [40] result in a release of the provision created for this purpose. c) The Group as Lessor - Operating Leases Sparkasse KölnBonn acts as a lessor in a number of operating leases, primarily for real estate. These leases are for properties which are either subleased to third parties or are held by the Group. There are leases with fixed prices, leases with progressive rent increases and leases that are pegged to the consumer price index. The residual terms of the leases range from one month to 22 years or for an indefinite period. There are options to renew the leases but no sale options. These renewal options cannot be exercised before 2011. Expected future minimum lease payments from non-cancellable leases Due in less than one year Between one and five years 31.12.2010 31.12.2009 EUR ’000 EUR ’000 49,209 36,333 167,804 163,682 Due in more than five years 370,765 407,828 Total 587,778 607,843 The minimum lease payments from operating leases posted as income break down into unconditional lease payments and conditional lease payments as follows: Income from operating leases Unconditional lease payments (minimum lease payments) Conditional lease payments Total 31.12.2010 31.12.2009 EUR ’000 EUR ’000 47,653 35,825 202 81 47,855 35,906 Rental income from other rental agreements which were previously contained in the rental income from investment properties and sundry other operating income is now presented separately from fiscal year 2010 onwards. The prior-year figures have been adjusted accordingly. 154 Notes to the Consolidated Financial Statements 2010 The following table shows the development of leased assets and investment property in accordance with IAS 17.57 in connection with IAS 16.73e and IAS 40.79d: 31.12.2010 31.12.2009 EUR ’000 EUR ’000 801,592 460,415 Additions 5,749 345,045 Disposals 3,165 90 Reclassifications 1,333 -3,778 - - Gross book value as at 31 December 805,509 801,592 Accumulated depreciation as at 1 January 216,630 142,947 Additions scheduled 19,993 9,242 Additions unscheduled Gross book value as at 1 January Change in consolidation group 20,178 70,917 Disposals 2,825 5 Reclassifications 1,128 -2,105 - - Change in consolidation group Write-ups 1,058 4,366 Accumulated depreciation as at 31 December 254,046 216,630 Net book value as at 1 January 584,962 317,468 Net book value as at 31 December 551,463 584,962 [84] Securities Sale and Repurchase Transactions Within the framework of non-recourse repurchase transactions, Sparkasse KölnBonn buys and sells bonds and other interest-bearing securities with pre-agreed repurchase or surrender commitments (repurchase agreements). As at closing date, the only transactions of this nature were ones in which Sparkasse KölnBonn acts as the cash provider. Due to the fact that the substantial risks and awards of these securities remain with the cash borrower pursuant to IAS 39.AG40(a), they are not deemed to have been disposed of in the sense of IAS 39.17. Consequently, the financial assets offered as security pursuant to IAS 39.20(b), IAS 39.29 and IAS 39.AG51(a) must still be recognised by the cash borrower. As a result, Sparkasse KölnBonn does not recognise any repurchase transactions as at closing date. According to IAS 39.29, the duty to return the payment received must be recognised by the cash borrower as a financial liability of an amount equal to the amount received. At the same time, Sparkasse KölnBonn, as the cash provider, recognizes a receivable of the same amount. These instruments are presented under Other claims on banks (LAR), see Note [49]. Please see Note [87] for additional information on the collateral received. Sparkasse KölnBonn does not enter into any repurchase transactions with an attached right of recourse. 155 Notes to the Consolidated Financial Statements 2010 [85] Securities Lending Transactions Sparkasse KölnBonn also enters into securities lending transactions with banks and customers related to bonds and other fixed-interest securities. In these arrangements, the lender is obliged to return securities of the same kind, quality and volume at the end of the lending period. Sparkasse KölnBonn does not act as the lender in any securities lending transactions. Securities that are lent out are generally still recognised among the assets of the lender because the substantial risks and rewards of ownership of the securities remain with the lender. Thus there is no disposal of the assets in the sense of IAS 39.15 et seq., IAS 39.AG51(a) and (b). As in the prior year, there were no securities lending transactions as at the closing date. [86] Assets Pledged as Security Within the framework of securities transactions on the Eurex, open market transactions with Deutsche Bundesbank, and within the terms of the German Pfandbrief Act (Pfandbriefgesetz), assets were transferred to secure the securitized liabilities of the Group. As at the closing date, public sector bonds and mortgage bonds in the “Other financial liabilities” (OFL) category of a nominal value of EUR 1,539,800 thousand (prior year: EUR 1,526,300 thousand) were issued. In the “Financial liabilities (designated) at fair value through profit or loss” (LFV) category they come to EUR 191,000 thousand (prior year: EUR 330,925 thousand). The carrying amount of the transferred assets of EUR 2,371,512 thousand (prior year: EUR 3,014,436 thousand) related to the financial assets item in the statement of financial position. Assets with a carrying amount of EUR 1,111,321 thousand (prior year: EUR 1,181,124 thousand) were deposited into a barred special purpose account to serve as collateral to cover both public sector bonds and mortgage bonds (Pfandbriefe) in keeping with the German Pfandbrief Act. Securities of EUR 1,185,751 thousand (prior year: EUR 1,731,210 thousand) were deposited in a pledged account at the European Central Bank to serve as collateral for open market transactions. In addition, Sparkasse KölnBonn has pledged collateral of EUR 32,301 thousand (prior year: EUR 60,729 thousand) for transactions conducted on the Eurex. Moreover, collateral agreements for securities in the amount of EUR 159,600 thousand (prior year: EUR 180,800 thousand) and cash guarantees amounting to EUR 540,145 thousand (prior year: EUR 485,524 thousand) were entered into. 156 Notes to the Consolidated Financial Statements 2010 [87] Assets Pledged as Collateral As the cash provider, the Sparkasse KölnBonn Financial Group has received collateral within the framework of non-recourse repurchase transactions which it can use even without any default on the part of the cash borrower. The fair value of this collateral amounts to EUR 561,087 thousand as at closing date (prior year: EUR 350,694 thousand). The financial instruments covered by these transactions continue to be recognised as assets by the cash borrower. The need to use the collateral received in terms of a sale or as collateral in other transactions did not arise as at closing date. The repurchase transactions mentioned above, in which the Sparkasse KölnBonn Financial Group acts as the cash provider, are subject to the terms of the German master agreement for financial futures. Furthermore, Sparkasse KölnBonn held cash collaterals in the amount of EUR 14,500 thousand (prior year: EUR 18,100 thousand) within the framework of collateral agreements. 157 Notes to the Consolidated Financial Statements 2010 [88] Capital Management The objective of the capital management of the Sparkasse KölnBonn Financial Group is to provide adequate risk coverage potential to cover the risks of its business activities both on and off the statement of financial position. Details on risk tolerance are presented in the consolidated financial statements, Part D., Risk Report, section on risk tolerance. A strict condition on the business activities of the Sparkasse KölnBonn Financial Group is the Capital Requirements Directive issued by the European Council codified into German law by the Solvency Regulation on 1 January 2007. According to the Solvency Regulation, the Sparkasse KölnBonn group of institutions is obliged to quantify its exposure to default, its operating risks, and its market price risk position and to cover this with own funds. On this basis, the ratio between the own funds of the Sparkasse KölnBonn group of institutions and the total amount calculated for the default risks, its operating risks, and its market risk must, in each case, be at least 8.0% (own funds ratio). Own funds comprise the core capital, additional capital and third-tier capital. The risk exposures must be covered with core capital by a ratio of at least 4.0% (core capital ratio). The core capital ratio of the Sparkasse KölnBonn group of institutions is defined as the ratio of its core capital to its risk positions (default risks, operational risks and market risks). Currently, the own funds of the Sparkasse KölnBonn group of institutions which includes Sparkasse KölnBonn and its group companies pursuant to KWG is still calculated in keeping with the provisions of German Commercial Code (HGB). The core capital of the Sparkasse KölnBonn group of institutions corresponds to the security reserve, the silent participations and the paid-in capital plus the revenue reserves of the Group. Internal positions such as loss carryforwards are deducted from this as required by banking law. Additional capital comprises hybrid financial instruments and non-current subordinated liabilities. The third-tier capital contains the qualifying portion of subordinated liabilities. Core capital, additional capital and third-tier capital must be reduced by the items defined in the German Banking Act KWG. 158 Notes to the Consolidated Financial Statements 2010 The liable capital of the Sparkasse KölnBonn group of institutions pursuant to the German Banking Act (KWG) is derived from the equity of the Sparkasse KölnBonn Financial Group in the following table. The liable capital of the Sparkasse KölnBonn group of institutions pursuant to regulatory requirements is calculated on the basis of the individual financial statements of all the entities included in the Sparkasse KölnBonn group of institutions prepared pursuant to the provisions of German Commercial Code (HGB) as at 31 December. 31.12.2010 31.12.2009 EUR ’000 EUR ’000 990,571 896,847 less consolidated profit carried forward 28,781 79,379 less the revaluation reserve 80,434 66,322 21 130 less deductions required by banking regulations 729,762 656,970 plus differences between HGB and IFRS and differences in the consolidated group between IFRS and KWG 915,050 1,089,628 a) Accounting equity after adjustments 1,066,665 1,183,934 Subordinated capital 1,110,516 1,154,214 - - less deductions required by banking regulations 14,944 - less differences between HGB and IFRS 64,747 63,581 Accounting equity pursuant to IFRS plus minority interests less subordinated liabilities with a residual term of less than 2 years / less market smoothing option b) Other accounting components of liable capital under banking regulations 1,030,825 a) + b) Total capital under banking law 2,097,490 2,274,567 of which core capital under banking law 1,089,528 1,184,051 345,829 283,824 1,398,374 1,478,770 Silent participations 330,478 350,000 Deductions under banking regulations 729,632 656,853 -255,521 -271,690 of which additional capital 999,140 1,075,767 Hybrid financial instruments 454,441 483,800 Non-current subordinated liabilities 576,384 606,833 31,685 14,866 (31,555) (14,749) 8,822 14,749 (22,733) (-) 2,097,490 2,274,567 Paid-in capital Revenue reserves (after eliminating intercompany results) Consolidation of the shares in Group companies Deductions under banking regulations of which third-tier capital Eligible third-tier capital Unused but eligible third-tier capital Total liable capital under banking law 1,090,633 159 Notes to the Consolidated Financial Statements 2010 Silent participations in the amount of EUR 330,478 thousand were added to the liable capital of the Sparkasse KölnBonn group of institutions as at the reporting date of 31 December 2010. The contributions of the silent participation, originally amounting to EUR 350,000 thousand were reduced by EUR 19,522 thousand in 2009 to cover the share in the loss of Sparkasse KölnBonn reported in the Bank’s HGB annual financial statements. As in the prior year, the minimum capital requirements of the Federal Banking Supervisory Agency (BaFin) were met. [89] Risk Positions and Solvency Indicators Since 1 October 2007, the Sparkasse KölnBonn group of institutions applies the new capital requirements stipulated by the German Solvency Regulation. Under the law, financial institutions must cover their risk position by own funds by at least 8.0% (overall ratio). The own funds consist of core capital, additional capital (liable capital) and third-tier capital. Core capital is generally composed of the security reserve, the silent participations and the reserves less the deductions required by law. The ratio of core capital must always be at least 4.0%. Additional capital includes hybrid financial instruments and long-term subordinated liabilities. The eligible tier 3 capital is subordinated capital. The unused eligible 3 tier capital is the remaining subordinated capital after capping 3 tier capital pursuant to § 10 Sec. 2c Clause 1 No. 3 KWG The Bank’s own funds as defined by the Solvency Regulation/standard credit risk approach as at 31 December 2010 break down as follows: 31.12.2010 31.12.2009 EUR ’000 EUR ’000 1,279,502 1,443,039 101,543 105,881 12,351 28,398 1,089,528 1,184,051 999,140 1,075,767 Own funds requirements for Default risk Operational risks Own funds requirements for Market risk position Core capital Tier 2 capital Tier 3 capital 8,822 14,749 2,097,490 2,274,567 6.26 6.12 Own funds ratio in percent (modified, available equity) 12.10 11.67 Solvency ratio in percent 12.04 11.54 Eligible equity Core capital ratio in percent On 31 March 2011, the solvability ratio for the Sparkasse KölnBonn group of institutions came to 12.8% (prior year: 11.4%) and the core capital ratio to 6.8% (prior year: 6.0%). At the level of Sparkasse KölnBonn as a standalone institution, the solvency ratio stood at 13.2% (prior year: 12.5%) and the core capital ratio at 7.3% (prior year: 6.9%) on 31 March 2011. On 31 December 2010 they came to 13.0% (prior year: 12.3%) and 7.2% (prior year: 7.0%). 160 Notes to the Consolidated Financial Statements 2010 [90] Related Entities Sparkasse KölnBonn maintains business relations to its subsidiaries, joint ventures and associates, and to its responsible body, Zweckverband Sparkasse KölnBonn, and its members, the City of Cologne and the Federal City of Bonn as well as to related entities which consist of equity investments of the City of Cologne and the Federal City of Bonn. All of these entities qualify as related entities. A list of the equity investments of the Sparkasse KölnBonn Financial Group can be found in the list of shareholdings . As at 31 December 2010, the total amount of loans and advances granted, guarantees and irrevocable credit commitments as well as deposits to Sparkasse KölnBonn was as follows: Nature of the relationship Loans and advances Guarantees, irrevocable credit commitments Deposits 1,747 19 5,475 (All figures in EUR ’000) Subsidiaries (not consolidated) Other related entities 191,847 52,947 24,760 Other related entities 1,235,300 151,004 559,087 463,791 71 367,755 1,892,685 204,041 957,077 Zweckverband Sparkasse KölnBonn and members of the special-purpose association (Zweckverband)* Total *) The deposits of Zweckverband Sparkasse KölnBonn and members of the special-purpose association include the silent participations of Zweckverband Sparkasse KölnBonn totalling EUR 330,478 thousand. As at the closing date of 31 December 2009, the total amount of loans and advances granted and deposits was as follows: Nature of the relationship Loans and advances Guarantees, irrevocable credit commitments Deposits 1,820 19 5,605 Other related entities 237,962 3,898 14,070 Other related entities 1,075,750 16,229 312,073 491,579 71 393,159 1,807,111 20,217 724,907 (All figures in EUR ’000) Subsidiaries (not consolidated) Zweckverband Sparkasse KölnBonn and members of the special-purpose association (Zweckverband)* Total *) The deposits of Zweckverband Sparkasse KölnBonn and members of the special-purpose association include the silent participations of Zweckverband Sparkasse KölnBonn totalling EUR 330,478 thousand Loans to related entities were granted with a maximal maturity up to 2052. Effective interest rates ranging from 0.2% to 8.4% were agreed for loans to related entities. 83% of the secured portion of the loans to related entities is covered by warranties and 17% by encumbrances on land. Loans extended in the course of current account transactions generally display effective interest rates ranging between 0.6% and 18.7%. Deposits made in the current account business generally bear effective interest rates in a range between 0.0% and 1.0%. Other deposits bear interest in a corridor of between 0.1% and 4.2%. 161 Notes to the Consolidated Financial Statements 2010 Transactions according to IAS 24.20 which were entered into between related entities during the reporting year are as follows: Type of transactions (All figures in EUR ’000) Payments made Payments received 01.01.-31.12.2010 01.01.-31.12.2010 1,585 10,203 Not consolidated subsidiaries Business services Leases 434 156 Internal transactions - - Acquisitions or sales 11 179 Other claims / liabilities 69 105 2,099 10,643 Business services 5,722 26,425 Leases 1,497 798 Internal transactions - - Acquisitions or sales 860 - - - 8,079 27,223 Business services 114 2,507 Leases Subtotal Other related entities Other claims / liabilities Subtotal Zweckverband Sparkasse KölnBonn and members of the special-purpose association (Zweckverband) 293 - Internal transactions - 4 Acquisitions or sales - 860 Other claims / liabilities - - 407 3,371 Business services 7,421 39,135 Leases 2,224 954 Subtotal Totals Internal transactions - 4 Acquisitions or sales 871 1,039 69 105 10,585 41,237 Other claims / liabilities Total volume of transactions Non-consolidated subsidiaries have extended loans to other related entities for a total volume of EUR 3,137 thousand and received interest of EUR 216 thousand. In addition, non-consolidated subsidiaries received loans from other related entities of EUR 3,146 thousand and paid interest on these loans amounting to EUR 153 thousand Associates received loans from other related entities of EUR 10,205 thousand and paid interest on these loans amounting to EUR 212 thousand. 162 Notes to the Consolidated Financial Statements 2010 Based on its particular contractual constellation and its economic purpose, one foundation has been classified as a related entity pursuant to IAS 24.10. Sparkasse KölnBonn has issued a letter of comfort for this foundation. The contributions to the foundation amount to EUR 1,043 thousand and its lending volume EUR 26,385 thousand. The net balance of derivative financial instruments comes to a positive market value of EUR 578 thousand. In addition, irrevocable loan commitments amounted to EUR 400 thousand as of the reporting date. Transactions according to IAS 24.20 which were entered into with related entities during the prior year are as follows: Type of transactions Payments made Payments received 01.01.-31.12.2009 01.01.-31.12.2009 Business services 6,146 6,066 Leases 1,676 777 Internal transactions 232 636 Acquisitions or sales 979 - 3,687 3,375 12,720 10,854 2,184 2,459 - 34 Internal transactions 75 81 Acquisitions or sales 3,851 - (All figures in EUR ’000) Not consolidated subsidiaries Other claims / liabilities Subtotal Other related entities Business services Leases Other claims / liabilities 10,474 2 Subtotal 16,584 2,576 Business services - - Leases - 318 Internal transactions 8 44 Acquisitions or sales - 200 Other claims / liabilities - - Subtotal 8 562 Zweckverband Sparkasse KölnBonn and members of the special-purpose association (Zweckverband) Totals Business services 8,330 8,525 Leases 1,676 1,129 Internal transactions 315 761 Acquisitions or sales 4,830 200 Other claims / liabilities 14,161 3,377 Total volume of transactions 29,312 13,992 Please see Note [52] for more information on provisions for risks in connection with related entities. 163 Notes to the Consolidated Financial Statements 2010 [91] Related Persons In addition to transactions with related entities, there are also transactions between Sparkasse KölnBonn and/or its consolidated entities with key management personnel and their close relatives. Key management personnel are the Board of Management, the appointed substitutes of the Board of Management as well as ordinary members of the Supervisory Board and their deputies. Total remuneration of key management personnel breaks down as follows: Related persons 31.12.2010 31.12.2009 EUR ’000 EUR ’000 Active members of the Board of Management 2,363 2,573 Former members of the Board of Management and their surviving dependents 3,170 2,688 Post-employment benefits 3,170 2,688 - - 604 1,420 Appointed substitutes of the Board of Management 1,022 983 Total 7,159 7,664 Termination benefits Members of the Supervisory Board In 2010, total remuneration of all active members of the Board of Management breaks down as follows: Remuneration paid to active members of the Board of Management Basic salary Chairman’s fees Other**) Total *) All figures in EUR ’000 Grzesiek, Artur 450 112 106 668 Gröschel, Ulrich, Dr. 390 - 16 406 Schmalzl, Joachim, Dr. 390 - 29 419 Siemons, Christoph, Dr. 390 - 72 462 Voigt, Ulrich Total 390 - 18 408 2,010 112 241 2,363 *) This total includes tax (gross amount). Remuneration which is not covered in the normal settlement (e.g. attendance fees, insurance premiums) is not included in these amounts. **) Includes non-pecuniary benefits (e.g. use of company cars), one off payments and payments in kind pursuant to § 37b EStG. No profit bonus was paid in 2010. Total remuneration includes customary non-cash compensation (such as a company car, the tax and social security due on non-cash compensation) which is to be treated as a pecuniary benefit as well as welfare assistance payments. The members of the Supervisory Board received attendance fees amounting to EUR 375 thousand (prior year: EUR 642 thousand). The attendance fees are not included in the remuneration paid to members of the Supervisory Board mentioned above and include payments to members on the payroll of the Group and those not on the payroll. 164 Notes to the Consolidated Financial Statements 2010 In addition, the Sparkasse KölnBonn Financial Group pays insurance premiums for members of its Boards. A flat-rate premium of EUR 268 thousand (prior year: EUR 183 thousand) was paid for D&O insurance for Board members. Furthermore, premiums were paid for group accident insurance. The premiums paid for members of the Board of Management amount to EUR 1 thousand (prior year: EUR 1 thousand) and EUR 2 thousand (prior year: EUR 2 thousand) for members of the Supervisory Board. Sparkasse KölnBonn maintains a retirement benefit plan for members of the Board of Management and former members of the Board of Management and their surviving dependents. For more information, please see Note [67] with regard to pension provisions. Vested benefits for members of the Board of Management amount to EUR 5,295 thousand (prior year: EUR 4.301 thousand). Current pensions amount to EUR 41,924 thousand (prior year: EUR 40,395 thousand). As at 31 December 2010, the total amount of loans and advances granted, guarantees and irrevocable credit commitments as well as deposits was as follows: Nature of the relationship Loans and advances Guarantees, irrevocable credit commitments Deposits 5,406 48 3,646 665 2 1,596 6,071 50 5,242 (All figures in EUR ’000) Key management personnel Close relatives Total As at the closing date of 31 December 2009, the total amount of loans and advances granted and deposits was as follows: Nature of the relationship Loans and advances Guarantees, irrevocable credit commitments Deposits Key management personnel 5,049 593 3,144 Close relatives 1,199 2 1,414 Total 6,248 595 4,558 (All figures in EUR ’000) The public body responsible for Sparkasse KölnBonn, “Zweckverband Sparkasse KölnBonn”, Sparkasse KölnBonn itself and other fully consolidated related entities paid annual fees, attendance fees and advisory board remuneration totalling EUR 360 thousand to related parties of Sparkasse KölnBonn in fiscal year 2010. Related parties of the Sparkasse KölnBonn Financial Group received securities written by the Bank (bearer bonds, profit participation rights) of EUR 776 thousand in the securities portfolios of Sparkasse KölnBonn. Loans to related persons were granted with a maximal maturity up to 2060. Effective interest rates ranging from 2.5% to 7.7% were agreed for loans to related persons. The secured portion of the loans to related parties and their family members are almost entirely covered by encumbrances on land. Loans extended in the course of current account transactions generally display effective interest rates ranging between 6.1% and 14.6%. Deposits made in the current account business generally bear effective interest rates in a range of between 0.0% and 1.6%. Other deposits bear interest in a corridor of between 0.3% and 5.0%. The customary fees were charged on these guarantees in keeping with the general conditions applying to employees of Sparkasse KölnBonn. 165 Notes to the Consolidated Financial Statements 2010 [92] Details on German Covered Bonds (Pfandbriefe) The changes introduced by the BilMoG (the German Accounting Law Modernization Act) have resulted in additional disclosures pursuant to the rules on the forms used for Pfandbrief banks. Reference is made to the annual financial statements of Sparkasse KölnBonn pursuant to HGB for fiscal year 2010 for the corresponding disclosures. As an issuer of Pfandbriefs (a special German form of covered bonds), Sparkasse KölnBonn is obliged to comply with the transparency requirements of the German Pfandbrief Act (PfandBG). The following disclosures are presented broken down into Pfandbriefs covered by mortgages (Hypothekenpfandbriefe) and public sector covered bonds (Öffentliche Pfandbriefe). The real loans listed in the register of mortgage coverage (Hypothekendeckungsregister) (EUR 2,512.68 million, prior year: EUR 3,020.91 million) are reported under Claims on customers in the statement of financial position. The loans included in the official register of cover for public-sector bonds (Deckungsregister der Öffentlichen Pfandbriefe) are reported under Claims on customers (EUR 34.73 million, prior year: EUR 61.87 million) and Claims on banks (EUR 160.11 million, prior year: EUR 227.61 million) in the statement of financial position. The securities used to cover mortgage bonds (EUR 470.26 million, prior year: EUR 31.00 million) and the securities used to cover public sector bonds (EUR 432.00 million, prior year: EUR 822.61 million) are presented in the statement of financial position under Bonds and other interest-bearing securities. a) Mortgage Bonds (Hypothekenpfandbriefe) In the year 2010, Sparkasse KölnBonn issued covered mortgage bonds with a total face value of EUR 20.00 million (prior year: EUR 519.69 million). Details of total amount Nominal value Present value (EUR million) Total value of Pfandbriefs in circulation (2009: Total value in cover pool 1) (2009: Excess cover in percent (2009: Risk-adjusted value 2) Risk-adjusted value 2) (shift upwards) (shift downwards) 1,071.30 1,174.54 1,040.46 1,358.26 1,056.30 1,148.40 1,003.96 1,340.31) 2,982.94 3,224.95 2,981.88 3,485.21 3,051.91 3,276.67 3,005.95 3,583.61) 178.44 174.57 186.59 156.59 188.92 185.32 199.41 167.37) Security excess cover according to § 4 PfandBG in percent 2.83 (2009: 2.87) 1) There were no derivatives in the cover pool. 2) Static method in accordance with Pfandbrief Net Present Value Directive (PfandBarwertV). Details of term structure Term structure of Pfandbriefs in circulation (2009: Term structure in cover pool (2009: x < 1 year 1 year < x < 5 years 5 years < x < 10 years x > 10 years 501.00 9.00 240.30 321.00 0.00 507.00 209.30 340.00) 401.31 1,326.58 990.18 264.87 324.32 1,165.10 1,283.12 279.37) 166 Notes to the Consolidated Financial Statements 2010 Total amount of claims used as cover 1) (EUR million) by size Total amount Prior year Percentage share Prior year x < EUR 300,000 1,198.84 1,420.56 47.71 47.03 EUR 300,000 < x < EUR 5,000,000 1,144.04 1,309.97 45.53 43.36 169.80 290.38 6.76 9.61 Total amount Prior year Percentage share Prior year 1,350.61 1.618.48 53.75 53.58 x > EUR 5,000,000 by usage (I) in Germany Residential Mixed use 397.86 390.57 15.84 12.93 Commercial 764.21 1,011.86 30.41 33.49 Total amount Prior year Percentage share Prior year Apartments 356.78 435.30 14.20 14.41 Single-family properties 427.95 497.24 17.03 16.46 Apartment blocks 565.88 685.94 22.52 22.71 Office buildings 156.26 179.62 6.22 5.95 10.47 33.53 0.42 1.10 2.23 2.38 0.09 0.08 981.57 1,169.02 39.06 38.70 11.54 17.88 0.46 0.59 11.53 17.85 0.46 0.59 by usage (II) in Germany 2) Commercial property Industrial property Other commercially used property Unfinished new-properties not yet yielding earnings and building sites of which building sites 1) Only normal cover reported. 2) No property cover located outside Germany. Substitute cover Percentage share According to § 19 PfandBG 2.89 (2009: of which in cover values according to § 4 Sec. 2 PfandBG 2.93) 2.89 (2009: Outstanding claims 2.93) Total amount (EUR million) Total amount of claims past due by more than 90 days -.-(2009: -.--) 167 Notes to the Consolidated Financial Statements 2010 Other disclosures Residential Prior year Commercial Prior year Number of forced sales and forced administration judgements pending as at the reporting date -.-- -.-- -.-- -.-- Number of forced sales effected in the fiscal year -.-- -.-- -.-- -.-- Number of properties taken to avoid losses -.-- -.-- -.-- -.-- (EUR million) Total interest past due -.-- -.-- -.-- -.-- Total repayments through amortisation 70.94 67.16 29.35 32.49 Total amount of other repayments 81.45 54.35 20.54 27.36 b) Public Sector Bonds (Öffentliche Pfandbriefe) In the year 2010, Sparkasse KölnBonn did not issue any public sector bonds (prior year: Pfandbriefs with a total face value of EUR 14.00 million). Details of total amount Nominal value Present value (EUR million) Total value of Pfandbriefs in circulation (2009: Total value in cover pool 1) (2009: Excess cover in percent (2009: Risk-adjusted value 2) Risk-adjusted value 2) (shift upwards) (shift downwards) 659.50 720.68 670.43 773.29 800.93 868.32 802.76 939.58) 762.45 828.43 773.86 879.51 1,291.87 1,391.49 1,280.37 1,519.27) 15.61 14.95 15.43 13.74 61.30 60.25 59.50 61.70) Security excess cover according to § 4 PfandBG in percent 4.00 (2009: 3.97) 1) There were no derivatives in the cover pool. 2) Static method in accordance with Pfandbrief Net Present Value Directive (PfandBarwertV). Details of term structure Term structure of Pfandbriefs in circulation (2009: Term structure in cover pool (2009: x < 1 year 1 year < x < 5 years 5 years < x < 10 years x > 10 years 0.00 520.50 34.00 105.00 137.43 520.50 34.00 109.00) 70.63 577.73 86.02 28.07 149.18 640.28 407.83 94.58) Cover pool Total amount (EUR million) Total amount of claims used for cover pool 762.45 (2009: 1,291.87) 168 Notes to the Consolidated Financial Statements 2010 Claims used as cover by state and borrower categories 1) State Regional government bodies Local government bodies Other borrowers 10.00 3.00 0.00 652.72 10.00 33.00 29.98 944.94) -.-- -.-- -.-- 41.00 -.-- -.-- -.-- 95.00) -.-- -.-- -.-- -.-- -.-- 40.00 -.-- -.--) -.-- -.-- -.-- 36.00 -.-- -.-- -.-- 36.00) -.-- -.-- -.-- -.-- 17.50 5.00 -.-- 10.60) -.-- 19.73 -.-- -.-- -.-- 16.87 -.-- -.--) -.-- -.-- -.-- -.-- (2009: -.-- 15.00 -.-- -.--) -.-- -.-- -.-- -.-- (2009: 15.00 -.-- -.-- -.--) -.-- -.-- -.-- -.-- 10.00 -.-- -.-- -.--) -.-- -.-- -.-- -.-- -.-- 10.00 -.-- -.--) -.-- -.-- -.-- -.-- -.-- 2.98 -.-- -.--) -.-- -.-- -.-- -.-- -.-- -.-- -.-- -.--) (EUR million) Federal Republic of Germany (2009: Austria (2009: Spain (2009: Ireland (2009: Greece (2009: Switzerland (2009: Canada Czech Republic Poland (2009: Portugal (2009: Italy (2009: Hungary (2009: 1) Only normal cover reported. Substitute cover Percentage share According to § 20 Sec. 2 PfandBG -.-(2009: of which highest claim -.--) -.-- (2009: Outstanding claims -.--) Total amount (EUR million) Total amount of claims past due by more than 90 days -.-(2009: -.--) 169 Notes to the Consolidated Financial Statements 2010 [93] Average Number of Employees Annual average headcount of the Sparkasse KölnBonn Financial Group: 2010 2009 Full-time employees 3,117 3,257 Part-time employees and casual workers 1,447 1,462 4,564 4,719 217 229 4,781 4,948 Trainees Total [94] Auditors’ Fees Pursuant to §24 Sec. 3 and §34 of the Savings Bank Act of North Rhine-Westphalia from 18 November 2008 and §340k HGB, the Prüfungsstelle des Rheinischen Sparkassen- und Giroverbands, Düsseldorf, is the legal auditor of Sparkasse KölnBonn. It is also the statutory auditor of the consolidated financial statements. In the reporting year fees for the audit of the annual financial statements of Sparkasse KölnBonn prepared in accordance with the HGB as well as for the audit of the consolidated financial statements of the Sparkasse KölnBonn Financial Group pursuant to IFRS were accounted for as follows: All figures in EUR ’000 2010 2009 1,244 1,028 114 142 3 - 1,361 1,170 Fees for Audit of the financial statements Other audit and valuation services Other services Total 170 Notes to the Consolidated Financial Statements 2010 [95] Shareholdings Pursuant to §315a Sec. 1 HGB in connection with §313 Sec. 2 HGB, the Sparkasse KölnBonn Financial Group has to prepare an overview of its shareholdings (list of shareholdings). This list of shareholdings is published in the consolidated financial statements. The following table shows the shareholdings of the Sparkasse KölnBonn Financial Group including investments in associates in the sense of §313 Sec. 2 No 2 HGB in alphabetical order. a) Affiliated companies included in the consolidated financial statements Name and headquarters of the company Percentage share Differing voting rights Equity in EUR ‘000 Result in EUR ‘000 Fiscal year BioCampus Cologne Grundbesitz GmbH & Co. KG, Cologne 1) 13) 100.0 - 1,533.3 -856.0 2010 94.9 - 409.3 142.1 2010 EUROFORUM Grundstücksentwicklungsgesellschaft mbH & Co. KG, Cologne 1) 14) 100.0 - 24,210.4 -714.0 2010 GKS – Gesellschaft für KontoService mbH, Cologne 1) 100.0 - 1,178.1 9.1 2010 GSE Grundstücksentwicklungsgesellschaft mbH & Co. KG, Cologne 1) 51.0 - -7,890.1 3,084.3 2010 HC Bauprojektentwicklung GmbH & Co. KG, Cologne 1) 13) 100.0 - -1,538.3 -495.8 2010 MMC Independent GmbH, Cologne 1) 14) 100.0 - -1,791.5 1,078.7 2010 MAGIC MEDIA COMPANY TV Produktionsgesellschaft mbH, Cologne 1) 14) 100.0 - 6,779.4 -170.9 2010 Paglos Grundstücksverwaltungsgesellschaft mbH & Co. Objekt Friedensplatz KG, Pöcking 100.0 30.0 17,005.0 -21.0 2010 S RheinEstate Grundbesitz GmbH & Co. KG, Cologne 9) 100.0 - 7,903.6 -11,765.3 2010 SAVOR Verwaltung GmbH & Co. Objekt Kalk KG, Cologne 1) 13) 100.0 - -26,153.7 -7,135.9 2010 SK Equity Investment GmbH & Co. KG, Cologne 1) 100.0 - 60,842.2 103.1 2010 S MittelstandsKapital KölnBonn GmbH, Cologne 10) 100.0 - 10,844.3 422.1 2010 SKB Invest GmbH & Co. KG, Cologne 100.0 - 53,159.7 895.1 2010 SKB Kapitalbeteiligungsgesellschaft KölnBonn mbH, Cologne 9) 100.0 - -8,764.4 -11,631.8 2010 SKBI Beteiligungsgesellschaft mbH & Co. KG, Cologne 1) 100.0 - 52,809.0 863.5 2010 SKI Standort Köln-Immobilien GmbH & Co. KG, Cologne 1) 100.0 - 24,662.4 -4,595.3 2010 SKI Standort Köln-Immobilien GmbH & Co. Objekt Gottfried-Hagen-Strasse KG, Cologne 1) 13) 100.0 - -240.9 -1,127.0 2010 SKI Standort Köln-Immobilien GmbH & Co. Objekt Im MediaPark KG, Cologne 1) 13) 100.0 - -1,038.7 -216.9 2010 SKI Standort Köln-Immobilien GmbH & Co. Projekt Butzweilerhof KG, Cologne 1) 9) 13) 100.0 - 7,169.9 -2,834.8 2010 Campus Grundstücksentwicklungsgesellschaft mbH i. L., Cologne 1) 171 Notes to the Consolidated Financial Statements 2010 Name and headquarters of the company Percentage share Differing voting rights Equity in EUR ‘000 Result in EUR ‘000 Fiscal year S-ProFinanz KölnBonn GmbH, Cologne 1) 100.0 - 615.2 15.2 2010 SRE GmbH & Co. Immobilien Bonn KG, Bonn 100.0 - 13,335.0 535.0 2010 b) Associates and joint ventures included in the consolidated financial statements Name and headquarters of the company Percentage share Differing voting rights Equity in EUR ‘000 Result in EUR ‘000 Fiscal year CORPUS SIREO Holding GmbH & Co. KG Group, Cologne 1) 6) (associate) 25.0 - 137,628.0 6,999.0 2010 Kredit-Serviceagentur Rheinland in Siegburg GmbH & Co. KG, Siegburg (joint venture) 13) 55.0 - 4.2 0.0 2010 c) Affiliated companies not included in the consolidated financial statements Name and headquarters of the company Percentage share Differing voting rights Equity in EUR ‘000 Result in EUR ‘000 Fiscal year BioCampus Cologne Management GmbH, Cologne 1) 100.0 - 27.2 0.9 2009 Burg Hemmersbach Betreibergesellschaft mbH, Kerpen 1) 7) 100.0 - -572.4 0.0 2009 Campus Zwo Projektentwicklungsgesellschaft mbH i. L., Cologne 1) 100.0 - -14.2 -36.8 2008 EUROFORUM Verwaltung GmbH, Cologne 1) 100.0 - 60.2 3.7 2009 EWF Immobilien-Beteiligungsgesellschaft mbH, Cologne 1) 4) 76.0 - 1,672.6 91.0 2009 HC Bauprojektentwicklung Verwaltung GmbH, Cologne 1) 100.0 - 89.1 5.7 2009 KOPOR Grundbesitzverwaltung GmbH, Cologne 1) 2) 13) 92.5 - 77.5 7.3 2009 KSA Verwaltungsgesellschaft mbH, Siegburg 13) 55.0 - 31.4 1.5 2009 MMC Medienproduktions- und Dienstleistungs GmbH, Cologne 1) 14) 100.0 - 20.6 -0.4 2009 Pilgrim Zweite Vermögensverwaltungsgesellschaft mbH, Cologne 4) 100.0 - -49.3 -30.1 2009 ProBonnum GmbH, Bonn 100.0 - 4,530.7 30.7 2009 professional eservices GmbH i.L., Cologne 1) 7) 100.0 - 554.9 0.0 2009 rheinlandmobil GmbH, Cologne 1) 100.0 - -41.8 -50.7 2009 S RheinEstate GmbH, Cologne 100.0 - 907.1 396.1 2009 SAVOR Verwaltung GmbH, Cologne 1) 13) 100.0 - 34.0 -0.4 2009 SK Equity Investments Verwaltung GmbH, Cologne 1) 100.0 - 34.9 0.0 2009 SK Leasing Invest GmbH, Cologne 100.0 - 23.3 -0.1 2009 SKI Standort Köln-Immobilien Verwaltung GmbH, Cologne 1) 100.0 - 44.6 3.7 2009 172 Notes to the Consolidated Financial Statements 2010 d) Associates and investments not included in the consolidated financial statements Name and headquarters of the company Percentage share Differing voting rights Equity in EUR ‘000 Result in EUR ‘000 Fiscal year AV-Gründerzentrum NRW GmbH, Cologne 1) 22.7 - 50.0 0.0 2009 AWG Anlagegesellschaft für Wohnungsbau und Grundbesitz Stommeln mbH & Co. KG, Pulheim 1) 50.0 - 439.2 76.5 2009 BonnCasa GmbH, Bonn 1) 25.0 - -113.0 -39.1 2009 CORPUS SIREO Holding GmbH, Cologne 1) 25.0 - 76.6 6.8 2009 Erwerbsgesellschaft der S-Finanzgruppe mbH & Co. KG, Neuhardenberg 11) 13) 3.2 - 6,085,591.3 -140,523.2 2010 EWF2 Immobilien-Beteiligungsgesellschaft mbH, Grünwald 1) 49.8 - 782.9 -9.2 2009 GAG Immobilien AG, Cologne 1) 3) 6) 13) 10.5 - 443,892.0 31,044.6 2009 GID Gewerbeimmobilien Deutschland GmbH, Cologne 1) 49.4 - 27.0 0.0 2009 Golding Capital 2 GmbH & Co. KG, Munich 1) 45.0 - 9,080.7 1,165.4 2009 Grund und Boden GmbH, Cologne 2) 3) 7) 13) 16.2 - 139,367.4 0.0 2009 IAK Dritte Immobilienfonds Köln GmbH, Cologne 1) 49.4 - 25.8 1.0 2009 IAK Immobilienfonds Köln GmbH, Cologne 1) 49.4 - 27.4 0.0 2009 IAK Vierte Immobilienfonds Köln GmbH, Cologne 1) 49.4 - 28.4 -0.1 2009 IAK Zweite Immobilienfonds Köln GmbH, Cologne 1) 49.4 - 30.2 0.0 2009 IDEENKAPITAL Media Finance AG, Düsseldorf 1) 25.3 - 106.7 126.1 2009 IS Integrated Solutions GmbH, Cologne 1) 30.2 - 454.8 93.9 2009 mbw Mittelstandsberatung GmbH, Cologne 1) 50.0 - 76.5 21.8 2009 moderne stadt Gesellschaft zur Förderung des Städtebaues und der Gemeindeentwicklung mbH, Cologne 1) 13) 50.0 - 3,269.7 -1,496.3 2009 modernes köln Gesellschaft für Stadtentwicklung mbH, Cologne 1) 25.0 - 4,039.5 -40.5 2009 msk-colonia Projektentwicklungsgesellschaft mbH, Cologne 1) 13) 29.0 - 284.8 761.7 2009 MUK Kapitalbeteiligungsgesellschaft mbH i. L., Cologne 1) 43.3 - 2,662.2 -569.7 2009 PROCONSIL GmbH & Co. KG, Bonn 1) 20.0 - 52.0 22.9 2009 PROCONSIL Verwaltungs GmbH, Bonn 1) 20.0 - 28.6 1.0 2009 Projektentwicklungsgesellschaft acht bis elf mbH, Cologne 1) 49.0 - 51.9 31.4 2009 Prosystems IT GmbH, Bonn 11) 26.4 - 4,745.8 1,745.8 2010 Rathaus-Carrée Saarbrücken Grundstücksentwicklungsgesellschaft mbH & Co. KG, Cologne 1) 20.0 - 119.6 -10.8 2009 Rathaus-Carrée Saarbrücken Grundstücksentwicklungsgesellschaft Verwaltung mbH i.L., Cologne 1) 20.0 - 103.0 4.3 2009 173 Notes to the Consolidated Financial Statements 2010 Name and headquarters of the company Percentage share Differing voting rights Equity in EUR ‘000 Result in EUR ‘000 Fiscal year Region Köln/Bonn-Sparkassen-GbR, Cologne 8) 33.3 - 5.0 0.0 2009 Rheinland Venture Capital GmbH & Co. KG, Cologne 1) 20.0 - 2,596.8 -100.2 2009 Rheinwerk 2 GmbH, Bonn 1) 37.0 - -391.6 188.9 2009 RSL Rheinische Sparkassen Leasing Beteiligungsgesellschaft mbH & Co. KG, Düsseldorf 1) 11) 13) 18.4 16.7 104,634.3 4,496.7 2010 RSOB Rheinische Sparkassen OnlineBroker Beteiligungsgesellschaft mbH & Co. KG, Düsseldorf 22.5 19.7 -7.8 -7.8 2009 RTZ Rechtsrheinisches Technologie- und Gründerzentrum Köln GmbH, Cologne 1) 13) 49.6 - -818.2 -126.2 2009 Schumannstraße Bonn Immobiliengesellschaft mbH, Bonn 1) 49.0 - 173.6 21.2 2009 Sparkassen-Servicegesellschaft für Zahlungssysteme und elektronische Vertriebskanäle mbH & Co. KG, Düsseldorf 1) 13) 2.9 - 5,381.7 3,528.4 2009 Sparkassen Dienstleistung Rheinland Beteiligungsgesellschaft mbH, Düsseldorf 25.0 - 114.8 4.9 2009 Sparkassen Dienstleistung Rheinland GmbH & Co. KG, Düsseldorf 24.9 - 11,999.4 43.1 2009 Stadtwerke Investitions Gesellschaft mbH i. L., Düsseldorf 1) 10.0 - 9,104.1 -940.1 2009 VEMAG Verlags- und Medien AG, Cologne 1) 6) 14) 24.9 - 15,529.9 4,700.5 2009 Verkäufer GbR Köln Arcaden, Essen 1) 21,3 - n.a. n.a. n.a. VISION Chancenkapital Gesellschaft der Sparkassen in der Region Bonn/RheinSieg/Ahrweiler mbH & Co. KG i. L., Bonn 40.0 - 1,415.8 -388.2 2009 VISION Chancenkapital Verwaltungsgesellschaft der Sparkassen in der Region Bonn/RheinSieg/Ahrweiler mbH i. L., Bonn 50.0 - 38.5 1.0 2009 WMD Medical Software GmbH, Erkelenz 1) 12) 33.1 - -5,845.4 -3,557.4 2000 WMO-Erste Entwicklungsgesellschaft mbH & Co. KG, Bonn 1) 49.8 - -7.497.8 556.4 2009 1) Indirect holding 2) Including shares held indirectly 3) Reporting according to § 340a Sec. 4 No 2 HGB 4) including trusts 5) If SKB holds directly or indirectly more than 50.0% of an entity via subsidiaries, the share percentages of nonsubsidiaries are also added to. 6) Consolidated financial statements 7) Profit and loss transfer agreement 8) Disclosure pursuant to §285 No 11a HGB 9) A letter of comfort has been issued 10) Former SK Unternehmensbeteiligungsgesellschaft Köln mbH, change of company name in 2010 11) The fiscal year deviates from the calendar 12) Company in liquidation 13) There is an intent to dispose of this entity in accordance with IFRS 5 in fiscal year 2011 14) There is an intent to dispose of this entity in accordance with IFRS 5 in fiscal year 2012 174 Notes to the Consolidated Financial Statements 2010 [96] Letters of Comfort Sparkasse KölnBonn has issued letters of comfort to the following related entities in the sense of IAS 24.9. Hereby it has made a commitment to ensure that the beneficiary companies are able to meet their contractual obligations with the exclusion of any losses due to political risks. All identifiable risks in connection with these companies have been accounted for in the consolidated financial statements. Beneficiary SKB Kapitalbeteiligungsgesellschaft KölnBonn mbH S RheinEstate Grundbesitz GmbH & Co. KG SKI Standort Köln-Immobilien GmbH & Co. Projekt Butzweilerhof KG 175 Supervisory Board [97] Board Members Supervisory Board of Sparkasse KölnBonn until 7 February 2010 Chairman Members Deputy Members Martin Börschel Member of the North Rhine-Westphalia Regional Parliament Private-practice lawyer Graduate in Law Götz Bacher Of independent means Telecommunications technician Johannes Waschek Of independent means Fitter and turner / mechanical engineering technician Michael Baedorf Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Daniel Falterbaum Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Jürgen Biskup Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Frank Ewald Employee of Sparkasse KölnBonn Staff representative Banker Graduate in Business Administration Guido Déus Civil Servant Bundesanstalt für Immobilienaufgaben Graduate in Finance Herbert Kaupert Private-practice lawyer Graduate in Law Konrad Dröschel Employee of Sparkasse KölnBonn Staff representative Banker Josef Breitbach Employee of Sparkasse KölnBonn Staff representative Banker Graduate in savings bank business management Jörg Frank Consultant at SAP HDI-Gerling Leben Betriebsservice GmbH (until 31.03.2010) Manager of the Bündnis 90/Die Grünen group in the Council of the City of Cologne Andreas Wolter Controller BRUNATA WärmemesserGesellschaft Schultheiss GmbH & Co. Graduate in Business Studies Ursula Gärtner Head of Department Landschaftsverband Rheinland Graduate in Economics Andreas Köhler Managing Director of Köhler GmbH & Co. KG Graduate in Business Engineering Herbert Gey Pensioner Qualified insurance agent Margret Dresler-Graf Housewife Graduate in Administration Winrich Granitzka Retired police superintendant Management consultant Managing Director of Granitzka Security Consult GmbH Dr. Michael Paul Official at the Federal Ministry of the Environment, Conservation and Reactor Safety Graduate in Law First Deputy Chairman: Wilfried Klein Teacher Managing Director of the Willi-Eichler-Bildungswerk (Educational Organisation) Second Deputy Chairman: Winrich Granitzka Retired police superintendant Management consultant Managing Director of Granitzka Security Consult GmbH 176 Supervisory Board Members Deputy Members Walter Grau Pensioner Graduate in Engineering Telecommunications Karsten Möring Teacher State of North Rhine-Westphalia Benedikt Hauser Divisonal Manager Commerce and HR Regionalverkehr Köln GmbH Graduate in Law Wolfgang Maiwaldt Pensioner High-frequency specialist Werner Hümmrich Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Rolf Brief Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Axel Kaske Pensioner Qualified in business administration Walter Kluth Teacher State of North Rhine-Westphalia Rudolf Kipp Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Andreas Brünjes Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Wilfried Klein Teacher Managing Director of the Willi-Eichler-Bildungswerk (Educational Organisation) Rolf Eichenhorst Civil Servant of the Purchasing Office in the Federal Ministry of Internal Affairs Graduate in Engineering Karl Jürgen Klipper Self-employed tax consultant Graduate in Business Administration Henricus van Benthem Self-employed insurance agent Qualified insurance agent Irmgard Kroll Product Manager Prosystems IT GmbH Employee of Sparkasse KölnBonn Staff representative Banker Rainer Schulten Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Rudolf Mertens Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Hans-Jürgen Vogt Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Inge Mohr Employee of Sparkasse KölnBonn Staff representative Doris Kemen Employee of Sparkasse KölnBonn Staff representative Banker 177 Supervisory Board Members Deputy Members Barbara Moritz Teacher State of North Rhine-Westphalia Elisabeth Thelen Commercial employee RheinEnergie AG Teacher Markus Pohl Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Jürgen Didschun Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Bärbel Richter Employee of the Archive of Social Democracy of the Friedrich-EbertStiftung Archivist Erika Coché Equal Opportunities Officer at the City of Niederkassel Graduate in Social Education Work Tom Schmidt Manager of Bündnis 90/Die Grünen group in the Council of the Federal City of Bonn Brigitta Poppe Senior Agricultural Commissioner Dienstleistungszentrum Ländlicher Raum WesterwaldOsteifel Graduate Dietician Dieter Steffens Pensioner Retired soldier Karl-Wilhelm Starcke Academic Employee Fraunhofer Institut für sichere Informationstechnologie Banker Ralph Sterck Chief Manager of the North Rhine-Westphalia FDP Graduate in Business Administration Reinhard Houben Managing Director of Arnold Houben GmbH Graduate in Business Administration Michael Zimmermann Administrative officer Manager of the SPD group in the Council of the City of Cologne Graduate in Literature Monika Möller Teacher State of North Rhine-Westphalia 178 Supervisory Board Supervisory Board of Sparkasse KölnBonn from 8 February 2010 Chairman Members Deputy Members Martin Börschel Member of the North Rhine-Westphalia Regional Parliament Private-practice lawyer Graduate in Law Dr. Karlheinz Bentele Retired President of RSGV Retired State Secretary Graduate in Public Administration Götz Bacher Pensioner Telecommunications technician Jürgen Biskup Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Renate Beauboir-Nink Employee of Sparkasse KölnBonn Staff representative Qualified in retail business management Rolf Brief Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Inge Mohr Employee of Sparkasse KölnBonn Staff representative Teacher Guido Déus Civil Servant Bundesanstalt für Immobilienaufgaben Graduate in Finance Herbert Kaupert Private-practice lawyer Graduate in Law Jürgen Didschun Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Michael Baedorf Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Jörg Frank Consultant at SAP HDI - Gerling Leben Betriebsservice GmbH (until 31.03.2010) Manager of the Bündnis 90/Die Grünen group in the Council of the City of Cologne Andreas Wolter Controller BRUNATA WärmemesserGesellschaft Schultheiss GmbH & Co. Graduate in Business Studies Winrich Granitzka Retired police superintendant Management consultant Managing Director of Granitzka Security Consult GmbH Anna-Maria Henk-Hollstein Self-employed qualified in business administration Qualified in tax and business consulting Werner Hümmrich Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Johannes Klemmer Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Irmgard Kroll Product Manager Prosystems IT GmbH Employee of Sparkasse KölnBonn Staff representative Banker Rainer Schulten Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management First Deputy Chairman: Guido Déus Civil Servant Bundesanstalt für Immobilienaufgaben Graduate in Finance Second Deputy Chairman: Winrich Granitzka Retired police superintendant Management consultant Managing Director of Granitzka Security Consult GmbH 179 Supervisory Board Chairman Members Deputy Members Rudolf Mertens Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Markus Pohl Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Barbara Moritz Teacher State of North Rhine-Westphalia Kirsten Reinhardt Freelance business journalist Graduate in Business Administration Prof. Dr. Karl Mosler Professor University of Cologne Graduate in Mathematics Ursula Gärtner Head of Department Landschaftsverband Rheinland Graduate in Economics Bärbel Richter Employee of the Archive of Social Democracy of the Friedrich-EbertStiftung Archivist Wilfried Klein Teacher Managing Director of the Willi-Eichler-Bildungswerk (Educational Organisation) Tom Schmidt Manager of Bündnis 90/Die Grünen group in the Council of the Federal City of Bonn Brigitta Poppe Senior Agricultural Commissioner Dienstleistungszentrum Ländlicher Raum Westerwald-Osteifel Graduate Dietician Dieter Steffens Pensioner Retired soldier Brigitta Jackel Head of Department Galeria Kaufhof GmbH Graduate in Economics Ralph Sterck Chief Manager of the North Rhine-Westphalia FDP Graduate in Business Administration Reinhard Houben Managing Director of Arnold Houben GmbH Graduate in Business Administration Michael Zimmermann Administrative officer Manager of the SPD group in the Council of the City of Cologne Graduate in Literature Axel Kaske Pensioner Qualified in business administration 180 Supervisory Board Supervisory Board of Sparkasse KölnBonn from 1 January 2011 Chairman Members Deputy Members Martin Börschel Member of the North Rhine-Westphalia Regional Parliament Private-practice lawyer Graduate in Law Dr. Karlheinz Bentele Retired President of RSGV Retired State Secretary Graduate in Public Administration Götz Bacher Pensioner Telecommunications technician Klaus Bersch Head of Administration of Rheinischer Landwirtschafts-Verband e. V. and Rheinischer LandwirtschaftsVerlag GmbH Qualified accountant (IHK) Brigitta Jackel Head of Department Galeria Kaufhof GmbH Graduate in Economics First Deputy Chairman: Guido Déus Civil Servant Bundesanstalt für Immobilienaufgaben Graduate in Finance Jürgen Biskup Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Renate Beauboir-Nink Employee of Sparkasse KölnBonn Staff representative Qualified in retail business management Second Deputy Chairman: Winrich Granitzka Retired police superintendant Management consultant Managing Director of Granitzka Security Consult GmbH Rolf Brief Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Inge Mohr Employee of Sparkasse KölnBonn Staff representative Teacher Guido Déus Civil Servant Bundesanstalt für Immobilienaufgaben Graduate in Finance Dieter Steffens Pensioner Retired soldier Jürgen Didschun Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Michael Baedorf Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Winrich Granitzka Retired police superintendant Management consultant Managing Director of Granitzka Security Consult GmbH Anna-Maria Henk-Hollstein Self-employed qualified in business administration Qualified in tax and business consulting Werner Hümmrich Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Johannes Klemmer Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Irmgard Kroll Product Manager Prosystems IT GmbH Employee of Sparkasse KölnBonn Staff representative Banker Rainer Schulten Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management 181 Supervisory Board Chairman Members Deputy Members Rudolf Mertens Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Markus Pohl Employee of Sparkasse KölnBonn Staff representative Banker Qualified in savings bank business management Barbara Moritz Teacher State of North Rhine-Westphalia Jörg Frank Manager of the Bündnis 90/Die Grünen group in the Council of the City of Cologne Prof. Dr. Karl Mosler Professor University of Cologne Graduate in Mathematics Ursula Gärtner Head of Department Landschaftsverband Rheinland Graduate in Economics Bärbel Richter Employee of the Archive of Social Democracy of the Friedrich-EbertStiftung Archivist Wilfried Klein Teacher Managing Director of the Willi-Eichler-Bildungswerk (Educational Organisation) Tom Schmidt Manager of Bündnis 90/Die Grünen group in the Council of the Federal City of Bonn Brigitta Poppe Senior Agricultural Commissioner Dienstleistungszentrum Ländlicher Raum Westerwald-Osteifel Graduate Dietician Ralph Sterck Chief Manager of the North Rhine-Westphalia FDP Graduate in Business Administration Reinhard Houben Managing Director of Arnold Houben GmbH Graduate in Business Administration Martin Wambach Managing Director of the auditing and tax consulting company Rödl & Partner GbR, Graduate in Business Administration Public auditor Tax consultant Environmental verifier Andreas Wolter Controller BRUNATA WärmemesserGesellschaft Schultheiss GmbH & Co. Graduate in Business Studies Michael Zimmermann Administrative officer Manager of the SPD group in the Council of the City of Cologne Graduate in Literature Axel Kaske Pensioner Qualified in business administration 182 Board of Management Board of Management of Sparkasse KölnBonn Chairman The following Board members and employees of Sparkasse KölnBonn are members of the Supervisory Boards of public and private limited companies in accordance with § 340a Sec. 4 No 1 HGB: Artur Grzesiek Members Dr. Ulrich Gröschel (until 31 December 2011) Dr. Joachim Schmalzl Board of Management Artur Grzesiek Ulrich Voigt Dr. Christoph Siemons — Member of the Supervisory Board of Landesbank Berlin Holding AG — Member of the Supervisory Board of Landesbank Berlin AG Ulrich Voigt — Member of the Supervisory Board of Vereinigte Bonner Wohnungsbau AG Employees Dr. Gereon Sommerhäuser — Member of the Supervisory Board of GAG Immobilien AG (until 31.08.2010) Responsibility Statement of the Board of Management in accordance with §37y No. 1 WpHG in conjunction with §297 Sec. 2 Clause 4 and §315 Sec. 1 Clause 6 HGB: To the best of our knowledge, and in accordance with the applicable reporting principles, the Group Financial Statements give a true and fair view of the assets, liabilities, financial position and profit and loss of the Group and the Group Management Report includes a fair review of the development and performance of the business and the position of the Group together with a description of the principal opportunities and risks associated with the expected development of the Group. Cologne, 9 September 2011 Sparkasse KölnBonn The Board of Management Grzesiek Dr. Schmalzl Dr. Gröschel Dr. Siemons Voigt 183 Auditors’ Report Auditors’ Report We have audited the consolidated financial statements prepared by Sparkasse KölnBonn, comprising the statement of financial position, the statement of comprehensive income, the statement of changes in equity, the cash flow statement and the notes to the consolidated financial statements, together with the group management report for the business year from 1 January 2010 to 31 December 2010. The preparation of the consolidated financial statements and the group management report in accordance with IFRSs as adopted by the EU, and the additional requirements of German commercial law pursuant to § 315a Sec. 1 HGB (German Commercial Code) are the responsibility of the Board of Management of Sparkasse KölnBonn. Our responsibility is to express an opinion on the consolidated financial statements and on the group management report based on our audit. We conducted our audit of the consolidated financial statements in accordance with § 317 HGB (German Commercial Code) and German generally accepted standards for the audit of financial statements promulgated by the Institut der Wirtschaftsprüfer (IDW). Those standards require that we plan and perform the audit such that misstatements materially affecting the presentation of the net assets, financial position and results of operations in the consolidated financial statements in accordance with the applicable financial reporting framework and in the group management report are detected with reasonable assurance. Knowledge of the business activities and the economic and legal environment of the Group and expectations as to possible misstatements are taken into account in the determination of audit procedures. The effectiveness of the accounting-related internal control system and the evidence supporting the disclosure in the consolidated financial statements and the group management report are examined primarily on a test basis within the framework of the audit. The audit includes assessing the annual financial statements of those entities included in consolidation, the determination of entities to be included in consolidation, the accounting and consolidation principles used and significant estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements and the group management report. We believe that our audit provides a reasonable basis for our opinion. Our audit has not led to any reservations. In our opinion, based on the findings of our audit, the consolidated financial statements comply with IFRSs as adopted by the EU, the additional requirements of German commercial law pursuant to § 315a Sec. 1 HGB and give a true and fair view of the net assets, financial position and results of operations of the Group in accordance with these requirements. The group management report is consistent with the consolidated financial statements and as a whole provides a suitable view of the Group’s position and suitably presents the opportunities and risks of future development. Without however qualifying this opinion, we make reference to the comments of the Board of Management in the group management report. There, in the risk report, a reference is made to legal risks relating to a loan exposure of an aggregate amount of EUR 113.0 million at present as well as a number of individual exposures to fund participation in numerous funds that could have an impact on the recoverability of the receivables. We would like to emphasize that the evaluation of legal risks, although the assessment made by Sparkasse KölnBonn can be verified, contains a major degree of uncertainty. Düsseldorf, 20 September 2011 Auditing Body of the Rhineland Savings Bank and Giro Association (Prüfungsstelle des Rheinischen Sparkassen- und Giroverbandes) Theemann (Wirtschaftsprüfer) (German Public Auditor) Langer (Wirtschaftsprüfer) (German Public Auditor) 184 Report of the Supervisory Board Report of the Supervisory Board In fiscal year 2010 the Supervisory Board performed the duties incumbent upon it by law and under the Bank’s articles, and constantly monitored the activities of the Board of Management of Sparkasse KölnBonn and advised it on all important issues. At a total of thirteen meetings the Board of Management informed the Supervisory Board on an ongoing basis both in writing and verbally about the business development, financial position, the risk situation and the risk management of Sparkasse KölnBonn. At its meetings, the Supervisory Board passed the resolutions required of it by law. The latest issues were discussed in regular discussions between the Chairman of the Supervisory Board and the Chairman of the Board of Management of Sparkasse KölnBonn. In addition, these issues were discussed at eight meetings of the presiding committee of the Supervisory Board (composed of the Chairman and his First and Second Deputy) and the Chairman of the Board of Management as well as, in some cases, the Lord Mayors of the Cities of Cologne and Bonn. Thereafter the issues were addressed at the meetings of the full Supervisory Board. Focus of the Supervisory Board’s Activities The Supervisory Board reconstituted after the municipal elections in 2009 and created its committees. In fiscal year 2010, the Supervisory Board continued to focus a lot of its attention on the investigations of the EU Commission into the inappropriate use of state aid against the Federal Republic of Germany and Sparkasse KölnBonn. The conclusions of the investigation pertaining to the Supervisory Board have already been implemented in due time (increase in the number of external members on the Supervisory Board, restructuring of committees, etc.). Moreover, the Supervisory Board has accompanied measures that are within the sphere of the Board of Management of Sparkasse KölnBonn. Special issues were intensively addressed in 2010 at numerous meetings. In particular, the Group’s activities concerning various contracts with consultants and service providers as well as the Rheinparkmetropole development were repeatedly the subject of discussions and decisions of the Supervisory Board in 2010. At a number of meetings, the Supervisory Board addressed the reporting duties of Sparkasse KölnBonn arising from the Transparency Act of the State of North Rhine-Westphalia. The risk position of the Bank was discussed intensively by the Supervisory Board on the basis of the regular reports submitted to the Supervisory Board on the risk situation at the Bank. The Supervisory Board addressed the issue of WestLB and DekaBank at a number of meetings in 2010. The goal here was to find sustainable solutions for Sparkasse KölnBonn together with its partners in the savings banks organisation. The regular reports to the Supervisory Board in accordance with the provisions of MaRisk (Mindestanforderungen an das Risikomanagement der Kreditinstitute: the minimum requirements for risk management at financial institutes) were presented to the quarterly meetings of the Supervisory Board and were the subject of in-depth discussion at its meetings. In the process, great focus was placed on the risk tolerance of the Bank. Training Opportunities for Members of the Supervisory Board Training offered to members of the Supervisory Board was continued with the members attending a number of seminars hosted by the Rhineland Savings Bank and Giro Association as well as a seminar for professionals offered by the Federal Financial Supervisory Authority. Activities of the Internal Audit Within the framework of the instructions issued by the Supervisory Board, the Internal Audit carried out inspections of all business lines of Sparkasse KölnBonn and selected subsidiaries without forward announcement and as scheduled. In the process, the main focus was placed on the functioning of the internal control system, the orderliness, effectiveness and efficiency of operating procedures and processes and the monitoring of the lending business. In the reporting year, the Supervisory Board was informed of the activities of the Internal Audit in fiscal year 2009. In addition, the Internal Audit clarified the special issues in the reporting year. The Supervisory Board was informed of the respective findings. 185 Report of the Supervisory Board Audit and Attestation of the Consolidated Financial Statements for Fiscal Year 2010 The Audit Committee of Rheinischer Sparkassen- und Giroverband (RSGV), Düsseldorf, audited the Consolidated Financial Statements of the Sparkasse KölnBonn Financial Group, as required by law. They confirmed that the Consolidated Financial Statements comply with legal provisions. The Consolidated Financial Statements - including the statement of comprehensive income, the consolidated statement of financial position, the statement of changes in equity, the cash flow statement and the notes – and the Group Management Report presented for audit purposes by the Board of Management were given an unqualified opinion. At the recommendation of the Audit Committee, the Supervisory Board has approved the Consolidated Financial Statements for fiscal year 2010. The Supervisory Board would like to express its gratitude and acknowledgement to the Board of Management and all employees for their services during the year. Cologne, 9 September 2011 Chairman of the Supervisory Board of Sparkasse KölnBonn Martin Börschel 186 187 Address: Sparkasse KölnBonn Hahnenstrasse 57 50667 Cologne Postal address: Sparkasse KölnBonn 50604 Cologne Contact: Phone: 0221/226-0 Fax: 0221/226-400400 Email: [email protected] Commercial Register: District Court of Cologne HRA 7961 VAT Identification Number pursuant to § 27a UStG: DE 122661493 Bank Code: 370 501 98 SWIFT Code: COLSDE333