annual report
Transcription
annual report
ANNUAL REPORT 153 rd FINANCIAL YEAR 2008 To illustrate the 2008 Annual Report the BCEE Executive Committee decided to pay tribute to the BCEE members of staff who through their unremitting commitment and dedication have enabled BCEE to report such positive results, particularly in the current difficult economic climate. We sent out an internal memo asking all those interested to make an appointment for a photo session with our in-house photographer, Mrs Flavie Hengen. She rose to the challenge with great professionalism and enthusiasm, and took almost 200 individual portraits as well as a series of snapshots depicting day-to-day life at the Bank. Readers will no doubt recognise some familiar faces, but will also meet other members of staff who work discretely and efficiently behind the scenes to make Spuerkeess the bank for all Luxembourgers, or as we say in Luxembourgish: “Äert Liewen. Är Bank“. BCEE Executive Committee TABLE OF CONTENTS 1. GOVERNING BODIES OF THE BANK 5 2. KEY FIGURES AND MAIN DEVELOPMENTS 6 3. BCEE MANAGEMENT REPORT 8 4. DEVELOPMENTS IN THE LUXEMBOURG FINANCIAL CENTRE 20 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 28 BANK FINANCIAL STATEMENTS 28 A. INDEPENDENT AUDITOR’S REPORT 28 B. BALANCE SHEET AS AT 31 DECEMBER 2008 30 C. STATEMENT OF RECOGNISED INCOME AND EXPENSE AS AT 31 DECEMBER 2008 31 D. INCOME STATEMENT AS AT 31 DECEMBER 2008 32 E. CASH FLOW STATEMENT AS AT 31 DECEMBER 2008 34 F. NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 DECEMBER 2008 38 CONSOLIDATED ACCOUNTS 111 A. CONSOLIDATED BALANCE SHEET AS AT 31 DECEMBER 2008 111 B. CONSOLIDATED STATEMENT OF RECOGNISED INCOME AND EXPENSE AS AT 31 DECEMBER 2008 112 C. CONSOLIDATED INCOME STATEMENT FOR THE YEAR ENDED 31 DECEMBER 2008 113 D. CONSOLIDATED CASH FLOW STATEMENT AS AT 31 DECEMBER 2008 114 E. EXTRACTS FROM THE NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS 6. FOR THE YEAR ENDED 31 DECEMBER 2008 ORGANISATION CHART 116 127 3 Board of Directors Executive Committee 1. GOVERNING BODIES OF THE BANK 1. GOVERNING BODIES OF THE BANK The organisation of Banque et Caisse d’Epargne de l’Etat, Luxembourg, the country’s leading financial institution established in 1856, was updated by the Law of 24 March 1989 which defines the respective powers of the Board of Directors and the Executive Committee. According to Article 8 of this constitutional law, “the Board of Directors shall define the general policy of the Bank and supervise the management of the Executive Committee. All administrative acts and arrangements necessary or conducive to the attainment of the Bank’s objects shall be the responsibility of the Executive Committee, subject to the authorisations required hereunder”. BOARD OF DIRECTORS CHAIRMAN Mr Victor ROD Director of the “Commissariat aux Assurances“, Howald VICE-CHAIRMAN Mr Gaston REINESCH Director General, Ministry of Finance, Schifflange MEMBERS Mr Georges DENNEWALD Staff Representative, Kehlen Mr Paul ENSCH Director, Chamber of Trade, Mersch Mr Patrick GILLEN Director Financial Control, Ministry of Finance, Dudelange Staff Representative, Oberanven Mr Paul HUSS Mr Patrick NICKELS Senior Economic Adviser to the Ministry of the Economy and Foreign Trade, Dudelange Mr Georges SCHMIT Director General, Ministry of the Economy and Foreign Trade, Heffingen Mr Fernand SPELTZ Adviser to the Chamber of Employment, Howald SUPERVISORY COMMISSIONER Mr Jean GUILL EXECUTIVE COMMITTEE Director of the Treasury, Luxembourg PRESIDENT MEMBERS Chief Executive Officer, Foetz Deputy Chief Executive Officer, Moutfort Executive Vice-President, Luxembourg Executive Vice-President, Bertrange Executive Vice-President, Moutfort Mr Mr Mr Mr Mr Jean-Claude FINCK Michel BIREL Gilbert ERNST Jean-Paul KRAUS Guy ROSSELJONG 5 2. KEY FIGURES AND MAIN DEVELOPMENTS 2. KEY FIGURES AND MAIN DEVELOPMENTS 1. Key figures 2007 2008 % change in thousands of euros 2008/2007 BALANCE SHEET TOTAL 39,707,482 37,545,740 -5.4% Deposits measured at amortised cost - Credit institutions Deposits measured at amortised cost - Retail and public customers Securities issued Loans and advances at amortised cost - Credit institutions Loans and advances at amortised cost - Customers Available-for-sale securities - Fixed-income securities 8,497,560 19,613,743 7,859,877 9,960,335 10,319,249 15,071,950 3,805,524 24,320,226 5,671,112 10,112,612 12,141,557 11,806,820 -55.2% +24.0% -27.8% +1.5% +17.7% -21.7% BANK EQUITY CORE CAPITAL (1) (“tier 1 capital“) 1,369,700 1,256,500 -8.3% OPERATING INCOME (2) 466,565 532,069 +14.0% Total overheads (3) 248,041 252,300 +1.7% NET PROFIT 145,495 146,913 +1.0% CAPITAL ADEQUACY RATIO (1) 28.6% 24.1% CAPITAL ADEQUACY RATIO (1) (“tier 1 capital“) 15.8% 14.6% AVERAGE STAFF (number of contracts) 1,777.5 1,789.0 +0.6% AVERAGE STAFF (work units) 1,602.5 1,615.0 +0.8% (1) Bank equity core capital (“tier 1“) and capital adequacy ratio determined in accordance with Circular CSSF 06/273. (2) Interest and dividend income, fee and commission income, income from financial instruments, operating income and expense. (3) General administrative expenses plus value adjustments in respect of intangible assets and property, plant and equipment. 6 ■ Growth in banking income (+14.0%) thanks to the momentum generated by the Retail, Professional, Corporate and Public Sector, the Capital Markets and Investment Funds segments. ■ Efficient cost control limiting the growth (+1.7%) of overheads and amortisation and depreciation of intangible assets and property and equipment. ■ Slight growth in net profits (+1.0%). ■ Maintenance of solvency ratios at very high levels: capital adequacy ratio 24.1% and “tier 1 ratio” 14.6%. ■ Creation of two new Financial Centres and the opening of the Belval Plaza and Cloche d’Or branches in new business parks. ■ Upgrading of CRM (Customer Relationship Management) software enabling staff to personalise customer relations and provide tailor-made products. ■ Launch of the EcoPrêt product range designed to finance investments promoting the rational use of energy and the development of renewable energies. ■ Development of new versions of S-net and MultiLine to include LuxTrust security, thereby guaranteeing high-security customer identification and the use of a legally valid electronic signature. ■ Development of a new layout for www.axxess.lu and extension of the Jobstarters offer increasing the free period for which the ZEBRA surf package is available to 18 months. ■ Receipt of The Banker’s “Bank of the Year 2008” award for Luxembourg, and the “Best developed market bank Luxembourg 2009” award from Global Finance magazine, both for the performance in 2008. 2. KEY FIGURES AND MAIN DEVELOPMENTS 2.Major developments in 2008: maintaining a high level of commercial activity despite turbulent financial markets 7 3. BCEE MANAGEMENT REPORT 3. BCEE MANAGEMENT REPORT The turbulence on the financial markets since the summer of 2007 and with the full force of its impact being felt in mid-September 2008 the European economy has been hit hard by the global crisis. The difficulties facing Europe now have been exacerbated by the fact that most countries had been enjoying a particularly dynamic credit cycle for a number of years during which long-term interest rates fell well below their historical average, risk taking increased and asset prices rose. Easy credit helped the financial sector to grow disproportionately compared to the real economy whilst at the same time inflating the property market in many European countries. Faced with inflationist pressures caused by soaring commodity prices, the European Central Bank (ECB) initially raised its refinancing rate from 0.25% to 4.25% (3 July 2008). In response to the economic turnaround, the ECB then significantly relaxed its monetary policy from the autumn, dropping its headline rate to 3.75% (8 October 2008), 3.25% (6 November 2008) and finally 2.50% (4 December 2008). The Luxembourg economy felt the full force of the international financial crisis in 2008 as the level of activity on the financial markets fell dramatically. The financial crisis forced banks to increase value adjustments on their assets and net capital flows into investment funds went into the red. Insurance companies, on the other hand, continued to see their added value grow and were less affected by the economic slowdown. Throughout 2008 the profit and loss accounts of Luxembourg credit institutions rode the storm of the financial crisis as the fall in financial markets reduced the value of bank-held stocks. As a result other net revenues, including trading portfolio value adjustments, plummeted. The depressed state of the stock markets in 2008 was also reflected in the level of fee and commission income which fell. By contrast, in a context of scarce liquidity the Luxembourg banking sector benefited from its surplus liquidity position, leading to an increase in interest margins. Finally, value adjustments on non-trading-portfolio assets increased substantially. Despite the crisis, these developments enabled BCEE to achieve a 1.0% growth in net profit which rose to EUR 146.9 million. This profit was generated thanks to the strength of the Bank’s traditional activities. Interest margin income rose slightly due to the Bank’s comfortable liquidity position and the rate curve structure, while commissions fell slightly by 5.1% because of the poor stock market performances during the second half of 2008. Overall expenses, which include overheads and value adjustments on property, plant and equipment, were kept under control with an increase of only 1.7% The Bank pursued its programme of investment in major strategic, commercial, regulatory and risk management projects throughout 2008 and continued to upgrade its Customer Relationship Management software with the aim of providing more personalised customer support and tailored products. 8 3. BCEE MANAGEMENT REPORT For reporting purposes the Bank chose to divide its activities into three segments: Retail, Professional, Corporate and Public Sector; Capital Markets and Investment Funds; and Other Activities. The financial statements were prepared in accordance with the statutory obligations governing the preparation and presentation of financial statements by credit institutions in force in Luxembourg. With the exception of the accounting principles relating to the “AGDL” provision (“Association pour la Garantie des Dépôts à Luxembourg“, Luxembourg Deposit Guarantee Scheme), the statistical provision and special items with a reserve quota, the financial statements have been prepared under IFRS as adopted by the EU. The Bank has published its financial statements according to these new financial principles for the first time in 2008. Strong growth in the “Retail, Professional, Corporate and Public Sector“ segment Retail and Professional This segment represents BCEE’s traditional activity and developments in this area are particularly encouraging. A number of key investments set out in the “SPUERKEESS 2009” strategic plan are designed to improve the quality of customer relationships. Firstly, the Bank continued its reorganisation of the branch network with the creation of two new Financial Centres and the opening of two new branches. Secondly, the Bank’s S-net and MultiLine software tools were upgraded to offer LuxTrust security, guaranteeing high-security customer identification and offering the use of a legally binding electronic signature. The Bank now has more than 115,000 S-net subscribers, confirming its undisputed position as the leading provider of e-banking services in Luxembourg. Finally, the Bank continued to enhance its lending services with the EcoPrêt range designed to finance investments promoting energy saving and the development of environmentally friendly energy. Against this background, the Bank recorded strong growth in lending activity, notably in the home loans sector where outstanding loans increased by 8.3%. The Bank also recorded remarkable growth in customer savings with an influx of new money as the ongoing confidence crisis affecting certain banks continued to the end of the year. Savings in fixed-term deposit accounts rose sharply, taking advantage of their status as safe investments. The Bank also continued to broaden its range of investment funds with the launch of a new sub-fund in the LUX-PROTECT FUND. It also participated in the public bond offer issued by the government of the Grand Duchy of Luxembourg. 9 3. BCEE MANAGEMENT REPORT Corporate and Public Sector BCEE achieved strong growth in the highly competitive Corporate and Public Sector with both lending and deposits increasing thanks to its high service quality and the dynamism of its staff. The Bank expanded its Internet services through the introduction of online applications for leasing contracts based on the existing model used for home and personal loans, and continued to develop the use of multi-service packages such as ZEBRA BUSINESS. Decline in the “Capital Markets and Investment Funds“ segment against the backdrop of the financial crisis Capital Markets Business in this sector was strongly affected by the international financial crisis. 2008 was characterised by the failure of a number of major financial institutions, a general downturn in the quality of lending and zigzagging interest rates. Despite this extremely negative climate, the Bank nevertheless managed to remain in the black in this segment thanks to its very conservative approach to exposure and high level of structural liquidity. Investment Fund Administration and Management This sector was inevitably hit hard by the financial crisis as customers turned to products with a lower risk profile. Basel II and Risk Management Policy Now accredited by the Luxembourg financial markets authority (“Commission de Surveillance du Secteur Financier“, CSSF), the Bank has been applying the internal ratings-based approach for calculating the McDonough solvency ratio since 1 January 2008. As in previous years, improving risk management methods remained at the heart of the Bank’s concerns. The Bank also implemented a major new project designed to improve the analysis of interest rates and structural liquidity gaps. The Bank’s policy for management of the risks inherent in its various activities is centred on the following management principles: n n 10 monitoring the risks associated with the Bank’s transactions and portfolios, facilitating decision-making when making new transactions and permitting an adequate return on the basis of the identified risks, 3. BCEE MANAGEMENT REPORT n n maintaining an adequate balance of portfolio activities based on results and the effects of ongoing diversification, ensuring the sustainable development of the Bank. This section is divided into four major risk categories: counterparty or credit risk, market risk, liquidity risk and operational risk. Counterparty risk For loans to the national economy, the decision structure comprises various credit committees according to the customer’s overall outstandings. Home mortgage loans account for over half of the Bank’s loan portfolio. In the case of the mortgage loans portfolio, the credit risk is covered by procedures for assessing the customer’s repayment capacity and by real guarantees. In the case of loans and advances to businesses, the Bank has introduced rigorous procedures for analysing loan applications and the acceptance of guarantees. Particular care is taken to comply with limits per sector and per counterparty. Thanks to Basel II methods, the Bank can monitor risk via aggregated portfolios on an ongoing basis. In the interbank market and international loans sector, where the vast majority of counterparties are banks and financial institutions, banking counterparties are given an internal rating on the basis of a combination of quantitative and qualitative parameters. The quantitative element is based on the ratios which best describe the profitability, capital strength, liquidity and asset quality of the counterparty, while the qualitative element is factored in by the analyst on the basis of a number of nonfinancial elements such as market share, management quality and external rating. As far as international loans to non-financial entities are concerned, absolute priority is given to commitments rated at least investment grade in OECD countries. These counterparties, just like all the Bank’s other counterparties, receive an internal rating based on rules similar to those applied to banking and financial institutions. Credit exposure is also subject to counterparty risk monitoring and regular reviews based on updated financial analyses and limit adjustment proposals for each counterparty. The Bank also applies a country limit system for countries with a rating below AA. These limits are reviewed on a periodic basis. Investments in derivatives are regulated largely by the use of standard ISDA (International Swaps and Derivatives Association Inc.) contracts, which include netting clauses in the event of the default of one of the parties. The Bank further reduces this risk by negotiating a CSA (Credit Support Annex) into the ISDA contracts with its major counterparties for off-balance sheet transactions. On the basis of the periodic re-evaluation of bilateral positions this annex requires the provision of guarantees in the form of cash or high quality securities wherever the net value of outstanding contracts exceeds a certain threshold. At the end of 2008, some 91% of derivative transactions (by volume) were carried out under ISDA-CSA contracts. 11 3. BCEE MANAGEMENT REPORT Market risk Market risk is the risk of losses stemming from unfavourable variations in various financial parameters including, in particular, interest rates, share prices and foreign exchange rates. To manage market risk, the Bank distinguishes between maturity mismatch risk, which results from structural differences in maturity between resources and reinvestments on the Bank’s balance sheet, and the risk linked both to treasury management and to trading operations. Maturity mismatch risk is supervised by the ALM (Asset Liability Management) Committee which seeks to minimise the negative effects of changes in interest rate curves on the Bank’s performance by matching its own funds and funds deposited in demand deposit accounts or savings accounts with the refinancing of domestic and international loan portfolios, and with the Bank’s own bond and stock portfolios. The ALM Committee is composed of members of the Bank’s Executive Committee and a number of senior managers. All the other market risk components, such as interest rate risk, foreign exchange rate risk and equity price risks affecting treasury positions or on- or off-balance sheet trading positions are centralised in real time in the trading room in the front-office system and are maintained within limits set by the Bank’s Executive Committee. The Executive Committee is kept regularly informed of compliance with limits and risk exposure by a unit which is completely separate from the trading room. Risks levels are monitored mainly but not exclusively, using the linear Value at Risk (VaR) indicator introduced in 2003. The Bank calculates VaR using the historical simulation method. Trading and treasury activities are subject to separate VaR limits. VaR is measured on a daily basis for all market risk portfolios (trading, treasury and investment) except for the Bank’s portfolio of participating interests. This measurement covers a one-day period with a 99% confidence threshold. The time series cover a full year totalling 261 observations for 2008. The effectiveness of VaR calculations is monitored ex-post as part of a back-testing procedure where forecasts using VaR are compared with actual value adjustments. The first graph below shows VaR and back-testing trends for the Bank’s Treasury in 2008. On average VaR was EUR 1.48 million, reaching an average of EUR 131,000 for the trading portfolio alone in 2008. The negative Treasury result should not exceed VaR for more than one day in one hundred on average. In 2008 the VaR threshold was exceeded on three occasions. 12 3. BCEE MANAGEMENT REPORT Treasury Value at Risk / back-testing (2008) 3.00 P&L TB VaR TB VaR / P&L (EUR Mio) 2.00 1.00 0 -1.00 -2.00 -3.00 Jan.08 Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Jan.09 Development of Value at Risk and back-testing ---- for the Trading Book (2008) 1.25 P&L TB 1.00 VaR TB 0.75 VaR / P&L (EUR Mio) 0.50 0.25 0 -0.25 -0.50 -0.75 -1.00 -1.25 Jan.08 Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Jan.09 13 3. BCEE MANAGEMENT REPORT In addition to VaR, which can be used for overall management of the various market risks, the Bank also uses other risk management tools specifically selected for the financial instruments concerned. Thus, interest rate risk is managed by simulating the impact of a one basis point (0.01%) parallel variation in the interest rate curve on the Net Present Value of positions. Daily reports illustrate the variation resulting from a parallel one basis point variation in all interest rate curves, known as the Basis Point Value (BPV), which must remain within set limits. Similarly, foreign exchange rate risk and equity market risk are managed by means of limits on individual positions and stop-loss limits. Liquidity risk Liquidity risk refers to the problem of reconciling incoming and outgoing financial flows on a given date. A financial institution runs the risk that on a given date it may find itself unable to meet its payment obligations owing to a shortage of liquid assets against liabilities due. Thanks to its financial structure, the Bank generally has surplus liquidity and it was able to maintain this position throughout the liquidity crisis which hit the financial sector in the second half of 2007, peaking in the fourth quarter of 2008 following the failure of the US investment bank Lehman Brothers. The Bank constantly monitors liquidity risk in relation to maturities. The trading room is responsible for short-term liquidity management. In addition, the Bank’s liabilities are stable and diversified, notably taking the form of a very sound customer deposit base and Euro Commercial Paper (ECP), US Commercial Paper (USCP) and Euro Medium Term Notes (EMTN) refinancing programmes, giving it a comfortable position in terms of liquidity. Also, its portfolio of very high grade fixed-income securities (on average AA-) allows the Bank to refinance both with the European Central Bank and on the repo market. In the event of an urgent need for substantial liquidity the Bank has an intraday and overnight credit line with the “Banque Centrale du Luxembourg“ (BCL) backed by the pledging of public bonds and other fixed-income securities. To that end, the Bank always holds a portfolio of fixed income securities worth at least EUR 4,000 million which it can use as a guarantee for the BCL at any time. Operational risk Generally speaking, operational risk is the risk of losses resulting from inadequate or deficient internal procedures, human or system errors or external events. Operational risk is controlled by a detailed set of rules and procedures and by an internal control system implemented at all levels which is monitored by the Bank’s management. 14 3. BCEE MANAGEMENT REPORT The Bank centralises operational risk management using a tool which allows it to manage internal incidents using the methods proposed by Basel II, and also to define self-assessment plans for operational risks for all the Bank’s activities. The Bank has a database of all incidents arising from human or system errors which have an impact on the Bank’s earnings. These incidents are regularly analysed by various internal Bank committees, such as the IT Management Committee. The Bank also seeks to reduce operational risk by constantly improving operating systems and organisational structures. In the retail banking segment, rigorous transaction tracking, the separation of responsibilities at operational level and ever tighter procedures are all designed to avoid potential incidents. The Compliance Department ensures that the Bank complies with all the regulations in force, in particular those relating to procedures and training involving the prevention of money laundering, the financing of terrorism and customer complaint monitoring. The Organisation Department is responsible for coordinating major IT projects, ensuring change management and avoiding the operational risks inherent in these projects. Its role also involves ensuring the Bank’s physical and IT security together with the coordination of the Disaster Recovery Plan (DRP) and the Business Continuity Plan (BCP) which both serve to guarantee the Bank’s ability to continue to do business in the event of a crisis. In the area of information systems security, particular attention is paid at all times to the protection of customer data. Security considerations form an integral part of all IT projects and the Bank regularly commissions specific security audits to confirm that security levels are maintained. Finally, the Bank has extended a number of insurance policies in order to safeguard against potential financial losses in the event that an operational risk were to materialise. These insurance policies cover its major areas of activity. Part of these risks are covered by the reinsurance company BCEE Ré. Financial risk and hedge accounting in the financial statements The Bank uses derivative instruments to hedge against interest rate, foreign exchange rate, loans and fixed price risks (stock market indexes, share prices). The derivative instruments commonly used for “plain vanilla” hedging transactions are interest rate swaps (IRS) and cross-currency interest rate swaps (CIRS). In parallel to these standard contracts, the Bank also uses swaps with structured components as specific hedges for structured issues and structured bond acquisitions containing embedded derivatives held in the portfolio of available-for-sale assets. 15 3. BCEE MANAGEMENT REPORT A derivative instrument is always considered to be held for trading purposes unless designated as a hedging instrument. When entering a contract the Bank may designate certain financial instruments as hedging instruments if these transactions meet the criteria defined in IAS 39. The Bank primarily uses fair value hedges. Hedge accounting should comply with the following restrictive conditions set out in IAS 39: n Prior to setting up the hedge, a detailed and standard documentation on the relation between the hedged item and the hedging item, the nature of the hedged risk, the objective and strategy justifying the hedging transaction as well as the method used to measure the efficiency of the hedging relationship should be prepared. n The hedge must start as soon as the instrument is set up and continue without interruption. n Prospective efficiency: as soon as the transaction is set up, the characteristics of the hedging transaction should enable an efficient hedge in order to neutralise fair value changes or changes in the cash flow of the hedged underlying item during the hedging period. Prospective efficiency is reached when the main characteristics between hedged items and hedging items are significantly identical (face value, interest rate, maturity, currency) within the hedging period designated by the Bank. n Retrospective efficiency: back-testing of the hedge efficiency (variations between 80% and 125%) is carried out at each accounting cut-off date. The hedging transactions carried out by the Bank are highly efficient. Increased profitability achieved despite the very difficult economic context The Bank’s financial earnings for the year ending 31 December 2008 were up on those posted for 2007. Net banking income recorded 14% growth to reach EUR 532.1 million at the end of 2008. The net interest margin is up significantly (+27%) thanks to growth in the amount of lending and saving deposits from non-banking customers, the higher margin generated on capital markets and ALM transactions and increased revenues from reinvestment of own funds. Fee and commission income fell by 5.1% largely due to the low level of securities activity, while “traditional” banking activities such as lending and payments involving non-banking customers showed healthy growth. 16 3. BCEE MANAGEMENT REPORT Income from variable-income securities grew by 45.2% due to a further increase in dividends received from investments in subsidiaries and associates recorded as available-for-sale financial assets. Income from financial transactions fell from EUR 32.8 million at the end of 2007 to EUR 0.1 million at 31 December 2008. More volatile by definition, this heading includes income from securities and derivatives trading, revenue from the disposal of available-for-sale financial assets, income from fair value hedge and foreign exchange transactions. Income from the revaluation of fixed-income securities (recognised as available-for-sale financial assets) whose prices were affected by the widespread crisis in the financial markets, are recorded under shareholders’ equity “revaluation reserve”. The same applies to the revenue from the revaluation of variable-income securities recorded under available-for-sale financial assets. At the end of 2008 the revaluation reserve was at a comfortable level. Other operating income and expense was down on the previous year, falling from EUR 5.2 million to EUR 4.5 million at the end of 2008. Thanks to a rigorous policy of cost control, the Bank was able to limit growth in overheads, including value adjustments on tangible and intangible fixed assets, to 1.7%. Major re-engineering projects and the automation of procedures have contributed to ongoing improvements in productivity, thereby offsetting the effect of the structural increase in personnel costs whilst maintaining the quality of service provision. In line with its policy of prudence and against the backdrop of the financial crisis, the Bank made net value adjustments for individual and collective credit risks of EUR 87.1 million in 2008 as against EUR 26.8 million in 2007. This amount includes a statistical provision adjustment of EUR 59.7 million for 2008. Elsewhere, the Bank continued to implement its policy of prudence by apportioning the maximum amount permitted under the legislation in force at 31 December 2008 to the ADGL provision, the apportionment for 2008 amounting to EUR 19.6 million as against EUR 18.5 million in the previous year. Given the above, the Bank posted a net income of EUR 146.9 million compared with EUR 145.5 million the previous year, a rise of EUR 1.4 million or 1.0%. After distributing part of the net income to the Luxembourg State, the remaining income enabled the Bank to increase its equity capital, the level of which is more than sufficient to meet EU solvency requirements, with an overall capital adequacy ratio at 31 December 2008 of 24.1% and a “tier 1 ratio“ of 14.6%. The regulatory minimum solvency ratio is 14.0%. At 31 December 2008 basic shareholders’ equity stood at EUR 1,256.5 million. 17 3. BCEE MANAGEMENT REPORT Outlook for 2009 At the start of 2009, the financial markets continue to reel as more bad news is announced, and the major economies of the European Union have still to emerge from the recession. However, both European and national authorities have taken coordinated action in an attempt to restore confidence. The Luxembourg government has taken a number of fiscal measures designed to assist both individuals and businesses, thereby making its contribution to the strategic objectives defined in the European economic stimulus plan. To further support economic activity through public works, the government has also decided to bring forward a number of investment projects initially scheduled for 2010 to 2013 to start in 2009. In light of the aforementioned stimulus measures and its prudent management strategy, BCEE is confident of its ability to continue its development as a universal bank in 2009. The continuing improvement of the quality of customer service will again remain the Bank’s primary concern and no.1 priority in 2009. No major events likely to jeopardise the Bank’s normal course of business occurred after the close of the 2008 financial year. Luxembourg, 19 March 2009 For the Executive Committee Michel Birel Deputy Chief Executive Officer 18 Jean-Claude Finck Chief Executive Officer François MAJERUS, Service Private Banking 4. DEVELOPMENTS IN THE LUXEMBOURG FINANCIAL CENTRE 4. DEVELOPMENTS IN THE LUXEMBOURG FINANCIAL CENTRE 1. Impact of the financial crisis In 2008 the international financial crisis severely curbed activity in the Luxembourg financial sector, particularly in light of the large number of international banking groups operating subsidiaries in Luxembourg. It was against this backdrop that the Luxembourg authorities found themselves with no option but to bail out two long-established banks with Belgian and Franco-Belgian shareholders even though they were fundamentally healthy. In addition, the three major Icelandic banks with subsidiaries in Luxembourg went into official receivership and thus came under the direct control of the Icelandic authorities. At the end of 2008, the Luxembourg government signed a declaration of intent in preparation for a takeover of the Luxembourg subsidiary of the largest Icelandic bank, Kaupthing, by a consortium of Arab investors. This agreement, under which the Luxembourg authorities together with their Belgian counterparts will make a joint loan to the Bank, enabling it to continue operating and thus to reimburse its depositors in Belgium and Luxembourg, is still awaiting approval by the creditor banks. Initially the continental European banks present in Luxembourg were less directly affected by the financial storm than their counterparts in the US. However, the crisis spread rapidly and September onwards saw government authorities in various countries forced to bail out a number of financial institutions: a major German mortgage bank was recapitalised by a public/private sector consortium; the Icelandic banking sector collapsed; six small Danish banks were sold, merged or bailed out by the government; and Switzerland made capital injections into one of its major banks. In the United Kingdom and Ireland several banks were nationalised or received injections of public capital. The example of Iceland, and to a lesser extent those of Ireland, Belgium and perhaps the United Kingdom, served to highlight some of the problems to which economies with over-developed banking sectors are prey. Finally, the enormous, USD 50 billion fraud perpetrated by American fund manager and former Nasdaq director, Bernard Madoff, cast a shadow over the credibility of hedge funds. A number of Luxembourg investment funds lost significant sums in what has become the greatest scam in the history of finance. 20 Luxembourg and Belgium Germany France Italy Switzerland Scandinavia United States Japan Other countries Total 1985 1990 1995 2000 2005 2006 2007 2008 12 29 7 8 7 16 11 6 22 118 22 38 20 11 16 20 12 9 29 177 27 70 19 18 17 14 10 9 36 220 25 61 16 21 15 10 9 5 40 202 16 43 15 15 13 10 5 5 33 155 17 45 15 15 13 10 5 5 31 156 19 45 15 13 13 10 5 5 31 156 21 43 14 11 12 10 5 5 31 152 4. DEVELOPMENTS IN THE LUXEMBOURG FINANCIAL CENTRE Geographical origin of Luxembourg-based banks 2. Number of banks The number of banks registered on the official listing produced by Luxembourg’s financial markets authority, the CSSF (“Commission de Surveillance du Secteur Financier“), fell by four to 152 at the end of December 2008. The widespread restructuring which has accompanied the various mergers and acquisitions of international banking groups with subsidiaries in Luxembourg in recent years has led to a general refocusing on private banking activities. At the same time, these mergers have enabled Luxembourg to position itself as an intragroup skill centre for the following activities: n n n n Registration, distribution and administration of investment funds, IT services, Securities services and derivatives transactions and administration, Loan administration and accounting and syndicated loans agency services. At global level, Luxembourg’s financial market ranks eighth in terms of international assets. In Europe, it is now the undisputed centre for investment funds and reinsurance. It is against this backdrop that on 1 January 2008 the Luxembourg authorities confirmed their commitment to maintain Luxembourg’s appeal as a financial centre over other European centres by setting up a financial development agency, Luxembourg for Finance. The agency’s brief is to present an objective, coordinated and cohesive image of the realities and opportunities of the Luxembourg financial market abroad. Within this framework it is also responsible for the dissemination of information about the financial market to customers and investors, professionals and the international media, and for preparing, organising and overseeing promotional campaigns on the international stage. 21 01 02 03 29,124 27,082 23,985 27,699 10,000 10,213 15,000 16,335 20,000 28,062 20,082 25,000 22,164 30,000 26,539 35,000 31,346 36,749 40,000 42,496 40,662 45,000 21,458 4. DEVELOPMENTS IN THE LUXEMBOURG FINANCIAL CENTRE Employment in banks, management companies and FSPs (1985-2008) 5,000 0 85 90 95 97 98 99 00 04 05 06 07 08 3. Employment Total employment in the financial sector (establishments monitored by the “Commission de Surveillance du Secteur Financier“, CSSF) rose from 40,662 at the end of 2007 to 42,496 at 31 December 2008 (+4.5%). However, there is no escaping the fact that this increase in employment figures fell off strongly at the end of the year under review as several banks announced redundancies. A sector-by-sector breakdown reveals an increase in the number of investment management companies (187 at the end of 2007 compared with 178 a year earlier) accredited under Chapter 13 of the Law of 20 December 2002 which transposes the third European Directive on Undertakings for Collective Investments in Transferable Securities (UCITS) into Luxembourg law. These companies employed 2,382 members of staff at the end of the year under review. The number of staff employed by financial service providers rose from 12,174 at the end of 2007 to 12,914 at 31 December 2008. In addition, the numbers employed in banking in its strictest sense increased by 1,060 (+4.1%), reaching 27,200 at the end of the year. The increase in the numbers working in banking is all the more remarkable when viewed against the current situation in which the number of banks is falling and numerous financial activities are being outsourced. However, 2009 is undoubtedly set to be a difficult year as a significant proportion of earnings in the financial market are linked to stock market performances and the major OECD countries have now entered recession. Some banks in Luxembourg have already streamlined their activities and announced large-scale redundancy schemes, while a small number of others are in the process of winding up and were withdrawn from the CSSF’s official listing at the start of 2009. 22 Throughout 2008 the profit and loss accounts of Luxembourg credit institutions rode the storm of the financial crisis as the fall in financial markets reduced the value of bank-held stocks. As a result other net income, including trading portfolio value adjustments, plummeted from EUR 1.4 billion to EUR -0.5 billion in the space of a year. The depressed state of the stock markets in 2008 was also reflected in the level of fee and commission income which fell by 10% to EUR 3.4 billion over the year. By contrast, in a context of scarce liquidity the Luxembourg banking sector benefited from its surplus liquidity position, recording an increase of 23.4% to EUR 7.1 billion in interest margins for the year under review. 4. DEVELOPMENTS IN THE LUXEMBOURG FINANCIAL CENTRE 4. Falling financial income As a result banking income fell by 4.2% to EUR 10 billion. Given the 2.6% growth in overheads (personnel and other operating costs) to EUR 4.2 billion, gross income before provisions fell to EUR 5.8 billion (-8.6%) compared to the previous year. In addition, value adjustments on non-trading-portfolio assets increased substantially, resulting in a drop of more than 50% in net profit. The total balance sheet values of Luxembourg-based banks fell from EUR 940.3 billion at the end of 2007 to EUR 929.0 billion at the end of 2008 (-1.2%). This progression reflects the difficult environment in which the banks were operating. 5. Undertakings for collective investment funds The relative significance of fee and commission income (34%) in overall banking revenue in Luxembourg reflects the level of off-balance sheet activities carried out by banks and more particularly the scale of investment fund activity. Suffering from the poor performance of the majority of share classes and the withdrawal of capital from hedge funds, the total assets held in undertakings for collective investment funds dropped for the first time since 2002, recording a fall of almost 25% relative to the record figures posted in 2007. However, total net assets under management continued to far exceed the balance sheet totals of Luxembourg-based banks, and in 2008 the Luxembourg investment fund industry confirmed its dominant position in Europe in the face of heightened competition. At 31 December 2008, 3,371 undertakings for collective investment funds - including 837 specialist investment funds - comprising 12,325 ordinary sub-funds from some 40 different countries were registered on the official CSSF list, representing an increase of 1,210 over the previous year. The majority of investment and specialist investment funds (2,019) are now umbrella funds comprising a total of 10,973 subfunds. Traditionally structured, single-compartment funds numbered 1,352. Assets invested in investment funds and specialist investments funds fell to EUR 1,559.7 billion at 31 December 2008 as against EUR 2,059.4 billion at 31 December 2007 (-24.3%). This drop is due primarily to the stock market collapse in 2008, as net capital withdrawals stood at only EUR 77.2 billion or 3.7% of net assets at the start of 2008. 23 4. DEVELOPMENTS IN THE LUXEMBOURG FINANCIAL CENTRE Luxembourg is now Europe’s leading investment fund centre in terms of net assets under management, holding almost 30% of the total assets managed in Europe, ahead of France (23%), Ireland (12%) and Great Britain (10%); and the second largest in the world after the United States. In 2008 the investment fund and specialised investment fund industry was driven primarily by German promoters whose assets suffered less than those from other countries. Holding 21.1% of net assets in Luxembourg funds, German promoters now occupy pole position, ahead of the Americans (19.6%) who have been relegated to second place followed by the Swiss (17.4%). This leading group is followed some way behind by Belgian (9.1%), British (8.7%) and Italian (8.4%) promoters. Looking at investment policy, nearly half the net assets of investment funds and specialist investment funds are now invested in fixed income securities (46.4%), compared with 38% a year ago. A very significant portion (44.3%) of investments in fixed income securities take the form of money market instruments and other short-term securities. Net assets of undertakings for collective investment (billions of euros) (1990-2008) 2,059 2,200 1,525 1,800 1,560 1,845 2,000 1,600 1,106 1,400 953 01 845 928 392 600 72 263 400 456 800 200 00 735 1,000 875 1,200 0 90 24 95 97 98 99 02 03 04 05 06 07 08 13,353 Q U OTAT I O N L I N E S 7,225 15,000 9,092 13,000 49,097 10,000 39,860 9,000 36,054 8,000 33,022 7,000 26,486 6,000 23,438 5,000 19,690 4,000 17,051 12,870 14,478 12,000 11,000 45,573 29,102 5,750 5,134 4,272 20,000 3,844 25,000 4,800 30,000 8,246 35,000 7,513 40,000 9,143 45,000 11,651 10,544 50,000 NEW ADMISSIONS 4. DEVELOPMENTS IN THE LUXEMBOURG FINANCIAL CENTRE Luxembourg Stock Exchange (1996-2008) 15,386 3,000 10,000 2,000 5,000 1,000 0 0 96 97 98 99 00 01 02 03 04 05 06 07 08 6. Luxembourg Stock Exchange In 2008, the Luxembourg Stock Exchange, founded in 1929, continued to develop its activity as a listing centre for international securities. Despite the international financial crisis, new admissions to the official listing remained buoyant with 11,651 new securities being admitted for trading as against 13,353 in 2007. The newly listed securities break down as follows: 7,318 bonds, 1,535 investment funds and 2,771 warrants, and the listing now contains shares from approximately 40 countries and bonds from around a hundred countries. At the end of 2008 the total number of quotation lines was 49,097 (+7.7%). Of the total listing, 43,876 were admitted for trading on the regulated market and 5,221 for trading on the Euro MTF market. A structural analysis of the official listing reveals that the largest sub-funds are bonds with 32,933 lines and investment funds with 8,133 lines. In 2008 overall trading volume reached EUR 1,414 million (+117%), with Luxembourg-listed bonds accounting for 43% of the total international bonds listed on European Union stock markets. During 2008, the LuxX index lost 59.5% and was particularly affected by the international financial crisis due to the predominance of banking and financial shares. Eight out of nine shares in the index, five of which are banks or other financial companies, saw a fall in prices over the last year. The LuxX Index reached a high of 2,402.16 points on 2 January 2008 and hit a low of 905.52 on 21 November. It finished the year under review at 980.91 points as against 2,419.28 points at the end of 2007. 25 4. DEVELOPMENTS IN THE LUXEMBOURG FINANCIAL CENTRE 7. Luxembourg, an attractive insurance centre The insurance and reinsurance sector is one of the main pillars of the Luxembourg financial market. In recent decades the free circulation of reinsurance flows (1964 European Directive) encouraged a significant number of large companies to cover their own group’s risk via Luxembourg-based reinsurance companies. Developments in the single market during the 1990s, particularly the free movement of capital, the deregulation of the insurance sector and the principle of the freedom to provide life insurance services (with the third generation of European directives on insurance coming into force on 1 July 1994), also spurred a number of renowned international groups to set up in Luxembourg. This explains the appearance of a large number of subsidiaries specialising in the free provision of services in the pan-European insurance market. At the same time, the total amount of written premiums has risen considerably. The increasingly international profile of the market has enabled Luxembourg-based insurance companies to develop a wide range of life insurance products, notably in the area of international wealth management. In its role as a pioneer, Luxembourg has also created an attractive legal basis for international pension funds. Boosted by the developments described above, at the end of 2008, Luxembourg numbered 261 reinsurance and 92 insurance companies, including 49 life insurance companies, predominantly subsidiaries of large European groups. Luxembourgbased insurance and reinsurance companies employ over 3,000 people, not including the 8,000 or so insurance agents, brokers and their staff. This figure includes approximately 200 employees in reinsurance. Number of insurance and reinsurance companies (1990-2008) 300 250 244 234 264 257 255 255 270 267 264 273 262 263 262 261 136 95 95 94 58 60 59 57 57 57 57 52 51 54 95 55 95 54 28 50 94 93 45 60 95 94 93 91 90 81 95 96 97 98 99 00 01 02 03 04 05 06 07 92 49 100 0 90 26 INSUR ANCE OF WHICH LIFE INSUR ANCE 200 150 REINSUR ANCE 08 4. DEVELOPMENTS IN THE LUXEMBOURG FINANCIAL CENTRE Norbert Nickels, Service Secrétariat Général Being complementary activities, banking and insurance have generated a number of joint ventures. As insurance companies are traditionally major investors – the total net assets of insurance companies is almost EUR 80 billion – their impact on the Luxembourg financial market is very positive. 8. Fight against money laundering and the financing of terrorism Under Article 5 (1) of the Law of 12 November 2004 on the Fight Against Money Laundering and the Financing of Terrorism, Luxembourg-based banks have a duty to inform the relevant authorities if they know, suspect or have good reason to suspect that money laundering or financing of terrorism is taking, has taken place or has been attempted. In addition, in 2008 CSSF circulars continued to demand that special attention be paid to transactions from certain countries or territories identified by the Financial Action Task Force (FATF) as being “uncooperative in the fight against money laundering”. 27 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS BANK FINANCIAL STATEMENTS A. Independent Auditor’s report Report on the annual accounts Following our appointment by the Government of the Grand Duchy of Luxembourg, on proposal from the Board of Directors of Banque et Caisse d’Epargne de l’Etat, Luxembourg, we have audited the accompanying annual accounts of Banque et Caisse d’Epargne de l’Etat, Luxembourg, which comprise the balance sheet as at 31 December 2008, the profit and loss account and the cash flow statement for the year then ended and a summary of significant accounting policies and other explanatory notes. Executive Committee’s and Board of Directors’ responsibility for the annual accounts The Executive Committee is responsible for the preparation and fair presentation of these annual accounts, which are submitted to the Board of Directors for approval, in accordance with the constitutional law of 24 March 1989 and with the statutory and regulatory requirements on the preparation and presentation of annual accounts in force in Luxembourg. This responsibility includes: designing, implementing and maintaining internal control relevant to the preparation and fair presentation of annual accounts that are free from material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting estimates that are reasonable in the circumstances. Auditor’s responsibility Our responsibility is to express an opinion on these annual accounts based on our audit. We conducted our audit in accordance with International Standards on Auditing as adopted by the “Institut des Réviseurs d’Entreprises”. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance whether the annual accounts are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the annual accounts. The procedures selected depend on the Auditor’s judgment, including the assessment of the risks of material misstatement of the annual accounts, whether due to fraud or error. In making those risk assessments, the Auditor considers internal control relevant to the entity’s preparation and fair presentation of the annual accounts in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit 28 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, these annual accounts give a true and fair view of the financial position of Banque et Caisse d’Epargne de l’Etat, Luxembourg, as of December 31, 2008, and of the results of its operations and of its cash flows for the year then ended in accordance with Luxembourg legal and regulatory requirements relating to the preparation of the annual accounts. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by the Executive Committee and approved by the Board of Directors, as well as evaluating the overall presentation of the annual accounts. Report on other legal and regulatory requirements The management report, which is the responsibility of the Executive Committee and which is approved by the Board of Directors, is in accordance with the annual accounts. PricewaterhouseCoopers S.à r.l. Réviseur d’entreprises Represented by Pierre Krier Luxembourg, 19 March 2009 Only the French version of the present Annual Report has been reviewed by the auditors. Consequently, the auditors’ report only refers to the French version of the report. In case of differences between the French version and the translation, the French version should be retained. 29 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS B. BALANCE SHEET STATEMENT AS AT 31 DECEMBER 2008 ASSETS in euros Notes 31.12.07 Cash and cash balances with central banks 4.1. 946,542,152 Loans and advances measured at amortised cost Credit institutions 4.8. 9,960,334,536 Loans and advances measured at amortised cost - Customers 4.9. 10,319,249,125 Financial assets held for trading 4.2. 4.7. 286,483,148 Derivative instruments used for hedging purposes 4.7. 190,962,348 Available-for-sale financial assets Fixed income securities 4.2. 15,071,949,811 Available-for-sale financial assets Variable income securities 4.2. 871,618,291 Held-to-maturity investments 4.4. 1,450,062,610 Shares in associates and subsidiaries 4.3. 154,173,018 Tangible assets - property, plant and equipment 4.10. 180,908,955 Tangible assets - investment property 4.12. 16,243,745 Intangible assets 4.11. 9,202,886 Current tax assets 4.14. 1,258,366 Deferred tax assets 4.14. 132,000,655 Other assets 4.13. 116,492,032 TOTAL ASSETS LIABILITIES in euros Deposits measured at amortised cost - Credit institutions Deposits measured at amortised cost - Private customers Deposits measured at amortised cost - Public sector Financial liabilities held for trading Derivative instruments used for hedging purposes Debt certificates issued Provisions Other liabilities Current tax liabilities Deferred tax liabilities Pensions and other post retirement benefit obligations Notes(*) 4.16. 4.17. 4.17. 4.2. 4.7. 4.7. 4.15. 4.19. 4.20. 4.14. 4.14. 4.18. Sub-total LIABILITIES (before equity) to be carried forward The appended notes on pages 38 to 109 are fully part of the financial statements 30 31.12.08 355,194,150 10,112,612,285 12,141,556,621 213,600,989 141,802,858 11,806,819,966 652,580,293 1,337,266,570 246,169,819 179,496,380 15,852,020 9,635,760 1,258,366 257,903,589 73,990,623 39,707,481,678 37,545,740,289 31/12/07 31/12/08 8,497,559,520 15,799,567,245 3,814,175,763 269,675,182 237,596,543 7,859,876,570 414,093,065 168,627,002 14,372,238 140,242,426 235,999,135 3,805,523,752 19,806,242,626 4,513,983,494 329,148,392 316,147,029 5,671,111,996 346,596,615 310,052,318 21,929,396 142,818,390 244,713,006 37,451,784,689 35,508,267,014 (continuation) EQUITY in euros 31.12.07 Sub-total of LIABILITIES before equity, brought forward 37,451,784,689 31.12.08 35,508,267,014 Issued capital Revaluation reserve (*) Reserves - Retained earnings 173,525,467 653,395,439 1,283,281,020 173,525,467 325,071,866 1,391,962,852 Income from current year Sub-total equity 145,495,063 2,255,696,989 146,913,090 2,037,473,275 TOTAL LIABILITIES AND EQUITY (*) of which originating from available-for-sale financial assets 39,707,481,678 657,322,804 37,545,740,289 325,167,755 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS B. BALANCE SHEET STATEMENT AS AT 31 DECEMBER 2008 C. STATEMENT OF RECOGNISED INCOME AND EXPENSE AS AT 31 DECEMBER 2008 in euros 31.12.07 31.12.08 Available-for-sale assets - Value adjustments - Sale income recognised through profit and loss Actuarial differences on defined benefit plan Cash flow hedges 70,857,207 100,539,227 -29,682,020 27,723,054 -1,337,987 -332,155,046 -335,479,549 3,324,503 -1,813,231 3,831,473 Net profit accounted for directly in equity 97,242,274 -330,136,804 Income from current year 145,495,063 146,913,090 Total income and expense accounted for during the financial year 242,737,337 -183,223,714 The appended notes on pages 38 to 109 are fully part of the financial statements 31 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS D. INCOME STATEMENT AS AT 31 DECEMBER 2008 in euros Notes 31.12.07 Net interest income 5.1. 318,025,856 Dividend income 5.2. 37,008,790 Fee and commission income 5.3. 73,600,934 INCOME FROM INTEREST, DIVIDENDS AND FEES AND COMMISSIONS 403,953,136 53,740,785 69,853,937 428,635,580 527,547,858 Income from financial instruments not recognised 5.4. 29,783,014 at fair value through profit or loss Trading income 5.5. 617,551 Net income from hedge accounting 5.6. -435,709 Translation differences 2,814,203 -3,189,555 -10,986,084 7,545,895 6,699,727 NET BANKING INCOME 461,414,639 527,617,841 8,177,020 -3,026,318 6,887,874 -2,437,166 466,565,341 532,068,549 -163,012,904 -59,907,716 -25,120,491 -166,309,408 -61,195,141 -24,795,216 218,524,230 279,768,784 -26,843,758 -19,593,951 -87,104,040 -20,660,473 172,086,521 172,004,271 Profit or loss from non-current assets and disposal groups classified as held-for-sale not qualifying as discontinued operations 1,577,479 321,097 Other operating income Other operating expense 5.7. 5.7. OPERATING INCOME 5.8. Staff expenses Other general overheads 5.9. Value adjustments on tangible and intangible assets 5.10. 5.11. 5.12. INCOME AFTER EXPENSES Impairment on financial assets - individual and collective assessments Provisions 5.13. 5.14. INCOME BEFORE TAX Tax on income from continuing operations 5.15. -19,289,270 -24,998,074 Deferred tax assets 5.15. -8,879,667 -414,204 145,495,063 146,913,090 NET INCOME FOR THE YEAR The appended notes on pages 38 to 109 are fully part of the financial statements 32 31.12.08 Carmen Jaffke, Service Electronic Banking and Business 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS E. CASH FLOW STATEMENT AS AT 31 DECEMBER 2008 The cash flow statement shows incoming and outgoing cash movements. Cash and cash equivalents include cash, balances with central banks as well as demand deposits. The cash flow statement classifies cash flow for the period into operating, investing and financing activities. Cash flow from operating activities - Cash flow from operating activities before change in operating assets and liabilities: in euros 31.12.07 Interest received Interest paid Dividend income Fees and commission received Fees and commission paid Other operating income Other general overheads Other operating costs Sub-total 31.12.08 3,600,056,515 -3,317,648,530 38,880,230 100,420,800 -26,819,866 8,177,020 -215,037,639 -3,026,318 185,002,212 3,510,144,188 -3,077,555,350 53,740,785 98,914,070 -29,060,133 6,887,874 -221,364,441 -2,437,166 339,269,827 in euros 31.12.07 31.12.08 Financial assets held for trading Available-for-sale financial assets - Fixed income securities Available-for-sale financial assets - Variable income securities Loans and advances at amortised cost - Credit institutions Loans and advances at amortised cost - Customers Derivative instruments used for hedging purposes Other assets Sub-total 39,571,988 457,812,264 -43,352,631 2,256,840,204 -1,315,377,479 5,223,874 34,903,877 1,435,622,097 5,188,476 3,015,058,996 17,488,618 248,984,671 -1,557,515,265 2,553,017 42,617,552 1,774,376,065 - Cash flow from changes in operating assets: The appended notes on pages 38 to 109 are fully part of the financial statements 34 in euros Securities held for trading - Short sales Deposits measured at amortised cost - Credit institutions Deposits measured at amortised cost - Customers Derivative instruments used for hedging Other liabilities Debt certificates issued Sub-total Cash flow from operating activities 31.12.07 31.12.08 48,914 -13,852,054 -1,358,435,530 -3,824,205 -82,409,491 -281,725,271 -1,740,197,637 -142,388 -3,662,991,405 2,519,084,582 -7,887,783 137,252,709 -2,102,123,615 -3,116,807,900 -119,573,328 -1,003,162,008 31.12.07 31.12.08 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS - Cash flow from changes in operating liabilities: Cash flow from investing activities in euros Acquisition of available-for-sale financial assets - Variable income securities 5,273,806 Acquisition of variable income securities - Subsidiaries 2,726 Acquisition of variable income securities - Associates -307,307 Acquisition / redemption of held-to-maturity financial assets 165,188,891 Acquisition / sale of intangible and tangible assets 4,276,549 Cash flow from investing activities 174,434,665 1,468,229 -7,775 39,250 112,437,988 -4,463,843 109,473,849 The appended notes on pages 38 to 109 are fully part of the financial statements 35 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Cash flow from financing activities 31.12.07 31.12.08 -49,578,705 -30,000,000 -111,672,420 -35,000,000 Cash flow from financing activities -79,578,705 -146,672,420 Net change -24,717,368 -1,040,360,579 2007 2008 -803,000,849 -921,906,857 -24,717,368 -94,188,640 -1,040,360,579 -43,811,372 -921,906,857 -2,006,078,808 Net changes in euros Net proceeds from subordinated liabilities Income distribution Change in cash and cash equivalents Net changes in euros Situation as at 1 January Net change in cash flow Effect of exchange rate changes on cash and on cash equivalents Situation as at 31 December The appended notes on pages 38 to 109 are fully part of the financial statements 36 Ernest RAYECK, Service Production Informatique 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS F. NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 DECEMBER 2008 1. General information Banque et Caisse d’Epargne de l’Etat, Luxembourg (hereinafter “the Bank”), established by the law of 21 February 1856 and governed by the law of 24 March 1989, is a self-governing public institution endowed with legal personality. Ultimate responsibility for the institution lies with the Government Minister who heads the Treasury. The Bank’s head office is located at 1, place de Metz, L-2954 Luxembourg. Within the limits set by the laws and regulations applicable to credit institutions, the object of the Bank is to perform all financial and banking activities, as well as all similar, related or ancillary operations. The Bank’s average staff headcount for the 2008 financial year was 1,789 (1,777 in 2007). The financial year corresponds to the calendar year. The financial statements were approved for issue by the Board of Directors on 19 March 2009. 2. Significant accounting principles 2.1 COMPLIANCE WITH GENERAL IFRS PRINCIPLES The financial statements for the 2008 financial year were prepared in accordance with the legal and regulatory requirements for the preparation and presentation of financial statements in force in Luxembourg for credit institutions such as described hereafter. With the exception of the accounting principles relating to the recognition of the AGDL (Association for the Guarantee of Deposits in Luxembourg), the fixed provision and the special items with a reserve element (hereafter “the regulatory provisions”) which are detailed in note 3.7 “Provisions”, the accounting principles are based on IFRS as adopted by the European Union. For the purpose of comparison, the financial statements relating to the 2007 financial year that have been published using Luxembourg standards (“Lux-Gaap”) have been reprocessed following the same legal and regulatory requirements. The Bank publishes consolidated accounts in accordance with IFRS standards as adopted by the European Union since 2007. It used the values set at the time of switching from Luxembourg standards to IFRS standards, such as adopted by the European Union on 1 January 2006 for consolidated accounts as a starting point for establishing the comparative balance sheet as at 31 December 2007, with the exception of the recognition of the regulatory provisions described above. The income statement for 38 The following table details the main impacts of the change in the primary basis of accounting on equity as at 1 January 2007: Equity as at Capital and Reserves Revaluation reserve 1 January 2007 Balance as per former Luxembourg accounting principles (“Lux-Gaap”) 1,596,080,820 - Subscribed capital 173,525,467 - Reserves 1,058,991,679 - Fund for general banking risks 213,046,532 - Profit for 2007 financial year 117,044,641 - Value adjustments within the meaning of article 62 33,472,501 - Changes due to switching from “Lux-Gaap” to the new Luxembourg primary basis of accounting 6,220,730 653,395,439 Financial assets held for trading -3,267,142 - Available-for-sale financial assets -19,264,955 660,345,228 Assets and liabilities measured at amortised cost 67,618,053 - Derivatives used for hedging purposes 19,406,006 -5,581,019 Provisions (including pensions and other post retirement benefit obligations) -44,825,885 - Deferred tax assets -6,873,002 -1,368,770 Other -6,572,345 - Balance as per new Luxembourg accounting principles 1,602,301,550 653,395,439 Total Equity 1,596,080,820 - 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS the 2007 financial year and the table showing the change in equity in 2007 are shown after having been reprocessed according to the same principles. - 659,616,169 - 2,255,696,989 The Bank provides segmental information as required by standard IFRS 8 in the consolidated accounts. The Bank has not applied in advance the new standards which came into force after 1 January 2009. Indeed, the Bank considers the impact on the financial statements as being non-material. The financial statements are stated in euros, the Bank’s functional currency. The financial statements have been prepared at historical cost or amortised cost, adjusted to fair value for available-for-sale financial assets, financial assets held for trading and derivatives. Financial assets and liabilities measured at amortised cost, designated as hedged items in the context of fair value hedges, must be adjusted for any changes in the fair value of the hedged asset or liability that are attributable to the hedged risk. 39 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 2.2 TRANSACTIONS IN FOREIGN CURRENCY The impact of exchange rate fluctuations on the main headings of the income statement is detailed below. BCEE’s functional currency is the euro (“EUR”). Transactions in foreign currency are translated into the functional currency at the exchange rate prevailing on the date of the transaction. Monetary items in foreign currency are translated at the exchange rate prevailing on the balance sheet date. Non-monetary items recognised at historical cost are translated using the exchange rate on the transaction date whereas non-monetary elements recognised at fair value are translated at the exchange rate in force on the date the fair value was determined. Translation differences in monetary assets and liabilities are recognised in the income statement unless the transaction has been classified as a cash flow hedge. For monetary assets classified as “available-for-sale assets”, translation differences relating to the difference between the fair value on the balance sheet date and their acquisition cost are accounted for in the revaluation reserve, whereas translation differences relating to the adjustment of the amortised cost are recognised in the income statement. Translation differences relating to adjustments of the fair value of non-monetary items are the same as for recognition of these changes in fair value. For the main currencies, the following exchange rates have been used for translating the financial statements. One euro is equal to: CHF GBP JPY USD SEK 40 31.12.2007 1.6558 0.7343 165.0000 1.4721 9.4283 31.12.2008 1.4930 0.9670 126.8500 1.4050 10.9000 2.3.1Initial measurement and recognition All purchases and sales of financial assets and liabilities whose delivery or settlement are made after the transaction date are recognised in the balance sheet on the delivery or settlement date. All financial instruments are recognised at fair value when initially recognised, increased by directly attributable costs when the financial instruments are not held at fair value through profit or loss. Derivatives are recognised in the balance sheet at their fair value on the transaction date. The classification of derivatives on initial recognition depends on their characteristics and purpose. Thus, a classification into “financial assets held for trading” or into “hedging instruments” is possible. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 2.3 BANKING TRANSACTIONS Derivatives are recognised as assets when their fair value is positive and as liabilities when it is negative. The fair value is understood here to be the “dirty price” of these instruments, therefore including accrued interest. Embedded derivatives, according to the definition of standard IAS 39, are separated from the host instrument and recognised at fair value if their economic characteristics and risks are not closely linked to those of the host contract and if the overall financial instrument is not classified as being held for trading or has not been designated as being valued at fair value through profit or loss. Embedded derivatives that have been separated from their host are recognised at fair value in the trading portfolio and changes in fair value are recognised in the income statement. Gains or losses on sales of financial assets that are not subject to revaluation through profit or loss are calculated as the difference between the amount received (net of transaction expenses) and the acquisition cost or amortised cost of the asset. 2.3.2 Subsequent measurement The valuation of financial instruments will depend on their characteristics and their classification into a valuation category. The chosen valuation categories are the following: Financial assets held for trading, held-to-maturity investments and available-for-sale financial assets. The valuation methods used are the “historical cost”, “amortised cost” and “fair value” methods. Historical cost is the amount initially recognised. Amortised cost corresponds to the amount initially recognised, less repayments of capital, adjusted for premiums and discounts over the life of the asset (difference between the initial amount and the repayment amount on maturity) less impairment recognised whenever there is objective evidence that the asset is impaired. 41 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS The fair value of the counterparty given or received can usually be determined by reference to an active market or using valuation techniques based on observable market data. 2.3.3 Accounting assessments and estimates In setting up accounting principles under IFRS, in some cases the Bank has had to assess and estimate amounts in the financial statements. The most significant cases where assessments or estimates have had to be made are: 2.3.3.1 The fair value of financial instruments When a fair value of a financial instrument recognised in the Balance sheet cannot be determined from an active market, it is calculated using valuation techniques most often based on mathematical models. As far as possible, the variables supplied to mathematical models originate from market observation. The Bank determines the activity, or inactivity, of a fixed-income transferable securities market, from criteria such as the proportion held by the Bank in the total bond exposure, the number of price contributors, the average bid size and the differences between bid and ask prices. Due to the crisis in the financial markets which worsened throughout 2008, and having been aware that the bond market was declining considerably, the Bank favoured mathematical models originating from market observation in valuing its positions in fixed income securities considered as being inactive. When the market is considered active, the Bank uses the prices of an official quotation source such as Bloomberg or Reuters. Bonds for which the Bank judges that the market is inactive, the Bank first calculates a price by applying the discounted cash flow method on interest rate curves and spread curves, determined according to the issuer’s rating. The price thus calculated is then weighted with a price indication provided by a quotation source, even if the price indication originates from a market deemed inactive by the Bank. 2.3.3.2Impairment of financial assets measured at amortised cost In accordance with IAS 39, the Bank recognises impairment whenever there is objective evidence that an asset is impaired. For retail banking, the estimation of the irrecoverable amount is carried out from observations of historical loss data, whereas an assessment carried out case by case enables the irrecoverable amount to be determined from wholesale banking. A specific value adjustment is recognised as a result. 42 The Bank also recognises “collective impairment” on receivables not identified individually as being in default, in order to take into account the progressive credit risk after the date on which the loan was granted. The allowance for impairment is based on historical loss data with a higher weighting for recent years. 2.3.3.3 Impairment of available-for-sale assets The Bank considers the securities of the “available-for-sale financial assets” (AFS) portfolio as impaired when it expects a decrease in future contractual cash flows because of “objective impairment evidence” such as, for instance, a rating downgrade below a threshold deemed critical by the Bank or a piece of information they hold on the issuer’s solvency. In other words, the Bank considers that an allowance for impairment should be recognised when the price drop not only reflects the fluctuation of market parameters such as credit spread, but also, for the security in question, when it is the consequence of an expected reduction of cash flow. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS The Bank assimilates the notion of “objective impairment evidence” as determined by IFRS, to the definition of default under Basel II. The Bank considers that there is impairment of variable-income transferable securities when it expects the company in which it holds shares to have cash flow difficulties. When the Bank recognises impairment on fixed-income securities, the difference between the fair value and amortised cost will be recognised in the income statement and will no longer be recognised in equity under “Revaluation reserve”. Similarly, when the Bank recognises impairment on variable-income securities, the difference between the fair value and the acquisition cost will be recognised in the income statement and will no longer be recognised in equity under “Revaluation reserve”. 3. Information on the accounting principles applied to balance sheet categories 3.1CASH AND CASH BALANCES WITH CENTRAL BANKS Cash flow consists mainly of the following headings: cash and minimum compulsory reserve at the Central Bank of Luxembourg. Money is transferred to the minimum compulsory reserve in order to satisfy the reserve requirements imposed by the Central Bank of Luxembourg. 43 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS These funds are not available for financing the Bank’s ordinary transactions. The reserve base, calculated on a monthly basis, is defined according to items from the balance sheet, in compliance with Luxembourg accounting principles. The calculation of the base and the reserve requirement is carried out by the Central Bank. 3.2 FINANCIAL INSTRUMENTS The Bank classifies financial assets into four categories. Each category has a specific accounting treatment. 3.2.1 Assets and liabilities held for trading Financial instruments held with the aim of making a profit from short-term price fluctuations are classified as assets or liabilities held for trading. Are included in this category fixed-income securities, variable-income securities, short sales on these same financial instruments as well as derivatives used for trading. Since the concept of “short-term” is not defined by IAS 39, the Bank considers the average duration to be six months for non-derivatives. Financial assets held for trading are initially recognised at fair value with any subsequent adjustments in fair value recognised in “Trading income” in the income statement. Accrued interest is recorded under “Net interest income” and dividends are recorded under “Dividend income” according to the contractual conditions or when the right to payment is established. 3.2.2 Held-to-maturity fixed income securities Listed securities with a predetermined maturity that the Bank expressly intends and has the means to hold to maturity are recognised under “Held-to-maturity investments” at amortised cost, using the effective interest rate method integrating premiums and discounts spread over the life of the asset, after deduction of impairment, if any. Discounts and premiums are recorded in the income statement under “Net interest income”. Conditions for classification as held-to-maturity investments, as well as the strict portfolio regulations (limited conditions for transfer and sale) have led the Bank to limit the use of this portfolio. Since these assets are held to maturity and are not valued at fair value, they are not exposed to a risk of interest rate fluctuation and as a result it is not possible to hedge this risk. Nonetheless, translation risk and credit risk can be hedged. The Bank invests mainly in securities issued or guaranteed by first grade government or bank issuers under its Asset and Liabilities Management policy. 44 Available-for-sale financial assets are assets that have initially been designated as such or which are not initially classified in any of the other three categories “Financial assets held for trading, Held-to-maturity investments or Loans and advances”. Available-for-sale financial assets include fixed income securities, loans quoted in an active market as well as variable income securities, notably investments in shares and mutual funds. Moreover the Bank has opted for valuation at fair value, in compliance with standard IAS 39, of the shareholdings in associates and subsidiaries by classifying the said investments as available-for-sale financial assets for the needs of the separate financial statements. Available-for-sale financial assets are initially recognised at fair value, including transaction expense. Interest is recognised in interest income using the effective interest rate method. Dividends are recognised in the income statement under “Dividend income” once the right to payment has been established. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 3.2.3Available-for-sale financial assets Available-for-sale financial assets are valued at their fair value based on the bid price in an active market in the case of listed securities or using models based on observable market data. Gains or losses resulting from changes in fair value are recognised in equity under “Revaluation reserve”. Impairment is recognised in the income statement and is therefore no longer recorded in equity under “Revaluation reserve”. When an available-for-sale financial asset is sold, the loss or gain is recorded in the income statement under “Income from financial instruments not recognised at fair value through profit or loss”. If the Bank has several investments in the same security, the sale is recorded using the FIFO (first in - first out) method. Unrealised or realised gains or losses on fixed income securities are measured by comparing the fair value of the security to its amortised cost. In the case of variable income securities, gains or losses are measured by comparing the market price with the acquisition cost including transaction costs. The accounting treatment for bonds included in the available-for-sale portfolio and which are hedged against interest rate risk is described in the following paragraph. 3.2.4 Derivative instruments used for hedging purposes The Bank uses derivative instruments to hedge interest rate, foreign exchange, credit and price risk such as stock market indices or share prices. The instruments used for “plain vanilla” hedging transactions are Interest Rate Swaps (IRS) and Cross-currency Interest Rate Swaps (CIRS). The Bank also uses swaps with structured components to hedge specific EMTN issues and structured bonds containing embedded derivatives held in the portfolio of available-for-sale financial assets. 45 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS A derivative instrument is always considered to be held for trading unless designated as a hedging instrument. At inception, the Bank may designate financial instruments as hedging instruments if they are part of hedging transactions meeting the criteria defined in IAS 39. The Bank classifies hedging instruments in the following categories: n n fair value hedge of an asset, a liability or a firm commitment; cash flow hedge covering future cash flow attributable to a specific asset or liability or future transaction. The Bank mainly uses fair value hedges. Hedge accounting should comply with the following restrictive conditions specified by standard IAS 39: n n n n Prior to setting up the hedge, a detailed and standard documentation on the relation between the hedged item and the hedging item, the nature of the hedged risk, the objective and strategy justifying the hedging transaction as well as the method used to measure the efficiency of the hedging relationship should be prepared. The hedge should start at inception of the transaction and continue without interruption. Prospective efficiency: as soon as the transaction is set up, the characteristics of the hedging transaction should enable an efficient hedge in order to neutralise fair value changes or changes in the cash flow of the hedged underlying item during the hedging period. Prospective efficiency is reached when the main characteristics between hedged items and hedging items are significantly identical (face value, interest rate, maturity, currency) within the hedging period designated by the Bank. Retrospective efficiency: back testing of the hedge efficiency (variations between 80% and 125%) is carried out at each accounting cut-off date. Changes in the fair value of derivatives designated as fair value hedges which meet the criteria for hedge accounting and have proved their effectiveness relative to the hedged instrument are recognised in the income statement under “Net income from hedge accounting” as well as changes in the fair value of the hedged instruments. If the hedge no longer meets the criteria for hedge accounting, the adjustment to the carrying amount of a hedged item is amortised to profit or loss over the remaining period to maturity as adjustment to the return on the hedged item. 46 When a hedging instrument expires or is sold, is cancelled or exercised or when a hedge no longer meets the hedge accounting criteria, the Bank ceases to apply hedge accounting. Any adjustment in the carrying amount of an interest-bearing hedged instrument is amortised through profit or loss, and must be totally amortised on maturity. If the item is derecognised, i.e. removed from the balance sheet, the change in fair value is recognised immediately in the income statement. 3.2.5Sale and repurchase agreements - lending/borrowing of securities 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Changes in the fair value of derivative instruments designated as cash flow hedges, which meet the criteria for hedge accounting and have proved their effectiveness relative to the underlying instrument to be hedged, are recorded in equity under “Revaluation reserve – cash flow hedges”. Sale and repurchase agreements Securities sold under repurchase agreements (repo transactions), when the repurchase concerns the same or a significantly identical asset, remain on the balance sheet and are considered as assets held for trading, available-for-sale financial assets or heldto-maturity financial assets. The amount due to the counterparty is recorded as a liability under “Deposits”. The Bank enters mainly into repurchase agreements relating to the same or an identical asset. The value of securities purchased under a resale agreement is recorded under “Loans and advances measured at amortised cost”. The Bank carries out “triparty-repo” transactions with counterparties whose rating is higher than or equal to “A”. An intermediary intervenes as a third party during the whole lifespan of the “triparty repo” in order to manage payments against delivery, control securities’ eligibility criteria, calculate and manage the markup call and manage securities’ substitutions. The maturity dates for “triparty-reverse-repo” contracts vary between overnight and six months. Lending and borrowing of securities Securities lent remain on the balance sheet. Borrowed securities are not recognised in the balance sheet. 3.2.6Loans and advances measured at amortised cost Loans and advances measured at amortised cost are financial assets issued by the Bank with fixed or determinable payments and which are not quoted in an active market. 47 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Loans and advances with fixed maturity issued by the Bank are recorded at amortised cost using the effective interest rate method. They are tested for impairment at each balance sheet date and an allowance for impairment is recorded if necessary. IAS 18 requires loan administration expenses to be considered as origination fees, which means they must be taken into account for the calculation of the effective interest rate. The actuarial method is used, with material expenses and commissions linked to fixed income loans spread over the life of the asset and recorded as an adjustment to the effective rate of return on the asset in question. If the amounts are not material, they are directly charged to the income statement. In the case of variable or adjustable rate loans, the straight-line method is used and not the actuarial method. As the Bank has opted to value loans and advances not evidenced by a security at amortised cost, measurement based on the interest rate curve is only used if the loan is hedged by a derivative instrument and when the Bank has formally designated the transaction as a hedging transaction in accordance with IFRS requirements. 3.2.7 Interbank market 3.2.7.1 Borrowings Borrowings are initially recognised at their fair value net of transaction expense. Subsequently, borrowings are recognised at amortised cost and differences between the net amount received and the amount repaid are recorded in the income statement over the duration of the loan using the effective interest rate method. 3.2.7.2Issuance of debt securities Initially, debt issued by BCEE is measured at amortised cost. However, in the context of its EMTN (Euro medium term notes) programmes, the Bank issues a large number of structured bonds containing embedded derivatives whose price fluctuations are hedged by swaps with a structure identical to that of the swap contained in the bond. The Bank has designated these transactions as fair value hedges, which enables it to cancel out the market effect in the income statement. 3.2.8 Impairment of financial assets In accordance with IAS 39 criteria, the Bank records impairment whenever there is objective evidence that an asset is impaired. 48 In the case of fair value instruments, the recoverable amount corresponds either to the fair value or the value of estimated future cash flows discounted at the market rate applicable to similar instruments. Impairment allowances relating to available-for-sale financial instruments or to loans and advances reduce the carrying amount of the asset directly. Two categories of impairment can be distinguished: 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS With regard to assets measured at amortised cost, the recoverable amount is net of pledges and guarantees and corresponds to estimated future cash flows discounted at the initial effective interest rate or, in the case of variable-income instruments, at the last effective interest rate. The amount of impairment recorded corresponds to the difference between the book value and the recoverable value. Impairment relating to individual value adjustments: The amount of the impairment loss is measured as the difference between the asset’s carrying amount and its recoverable amount. Financial assets are valued contract by contract. However, financial assets of small amounts such as private loans, showing similar risk characteristics, are in principle grouped together in order to carry out an overall valuation of the impairment rate. Impairment relating to collective value adjustments: When no individual value adjustments can be made, IFRS standards provide for the setting up of collective value adjustments to cover the risk of potential loss when there is an objective indication of probable loss in certain portfolio segments or in other loan commitments existing on the balance sheet date. Currently the Bank only applies this principle to retail customers for the “loans and advances at amortised cost” portfolio. When calculating the collective value adjustments, the Bank uses its experience and historical data for losses incurred. The probability of default for the different types of loans is calculated taking into account the period between the time the loan was granted and the time it defaulted. When the Board considers a financial asset as being totally unrecoverable, it is written off against the related provision for impairment. Subsequently, should any incoming funds be recognised on this asset, they are to be recognised as income under the heading “Other operating income”. If in a subsequent period, the amount of the impairment loss decreases, then the previously recognised impairment loss shall be reversed under the heading. 3.2.9 Other financial assets and liabilities Other assets comprise short-term receivables. Other liabilities comprise mainly shortterm payables, amounts due to sundry creditors, coupons payable and amounts due to preferential creditors as well as the share of profit payable to the Luxembourg State. 49 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 3.2.10 Income and expenses relating to financial assets and liabilities Interest income and expenses are recognised in the income statement for all financial instruments measured at amortised cost using the effective interest rate method. The effective interest rate is the rate that exactly discounts future cash payments or receipts over the scheduled duration of the financial instrument in such a way as to obtain the net accounting value of the financial asset or liability. The calculation includes transaction expenses and income, premiums and discounts. Transaction expenses and income that are fully part of the contract’s effective rate can be treated as additional interest, such as a handling fee or a new business commission. The Bank recognises fees as income according to the type of service rendered and to the accounting method of the financial instruments to which the service is attached: fees paid for continued services; they are spread out as income over the duration of the rendered service (handling fee on loans, transaction costs...); n fees paid for one-off services; they are fully recognised as income when the service has been delivered; n fees paid for the execution of an important act are fully recognised as income at the time of the execution of that act. n 3.3 PROPERTY, PLANT AND EQUIPMENT (TANGIBLE ASSETS) Property, plant and equipment as well as investment property are recorded at acquisition cost. Directly related acquisition expenses are recorded as being fully part of the acquisition cost. Property, plant and equipment consist of land, buildings, facilities and installations and computer hardware and other equipment. With respect to the heading “Investment property“ in standard IAS 40, the Bank would use it for rented-out property. Tangible assets are recognised at historical cost less accumulated depreciation, amortisation and impairment. The amortisable portion of these assets is calculated after deduction of their residual value. These assets are amortised over their estimated useful life using the straight-line method. Land is recognised at cost. Directly related acquisition costs are capitalised and amortised as an integral part of the acquisition cost at the same pace as the principal asset. 50 n n n n buildings: 50 years, computer equipment: 4 years, office fixtures, furnishings and other equipment: between 2 and 10 years, vehicles: 4 years. Investments in leased buildings are amortised over the remaining term of the lease. If the duration of the lease is not fixed, amortisation is recorded over ten years. Maintenance and repairs that do not affect the productive value of the property are accounted for in the income statement when incurred. If the recoverable value of an asset drops below its carrying amount, the carrying amount in the balance sheet must be adjusted to the estimated recoverable value through the recognition of impairment. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Estimated useful life of main types of tangible assets: Expenses incurred for the purpose of increasing the benefit generated by a property asset or which extend its useful life are recorded under assets at their fair value and amortised over the asset’s estimated useful life. Gains or losses on the scrapping or disposal of tangible assets are determined by the difference between the disposal proceeds and the residual value of the assets and are recognised in income or expense for the period as appropriate under “Other net operating income or expense” as at the date the asset is scrapped or disposed of. Equipment and furnishings with a useful life of less than one year are charged directly to income for the year. 3.4INTANGIBLE ASSETS The Bank considers software, whether acquired or proprietary, as well as related development and setting up expenses, as intangible assets. Software is amortised over a 3-year period using the straight-line method. 3.5LEASE AGREEMENTS A lease agreement which transfers most of the risks and advantages linked to the possession of assets is a financial lease, otherwise it is an operating lease. 51 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 3.5.1 The Bank is a tenant The Bank has mainly concluded lease agreements for renting its offices or equipment. Lease agreements are recognised in the income statement. If a printing contract is terminated in advance the penalties to be paid are recognised as a charge in the financial year during which the termination has occurred. 3.5.2 The Bank is a lessor When the Bank leases an asset within the framework of financial lease, the updated value of the payments owed with respect to the agreement is recognised as receivable under the heading “loans and advances at amortised cost” for customers or credit institutions. The difference between the amount of payments owed and their updated amount is recognised as unrealised financial income. The rents, as well as the costs attributable to the signing of the contract, are spread over the duration of the lease agreement so that the income generates a constant effective interest rate. 3.6 Employee benefits Employee benefits are accounted for in accordance with IAS 19. The employee benefits granted by the Bank are divided into three categories: 3.6.1 Short-term benefits Short-term benefits cover mainly wages, annual holidays and bonuses paid within twelve months of the end of the financial year in respect of that financial year. These are recorded as expenses for the year, including the amounts still due at the end of the financial year. 3.6.2Long-term benefits Long-term benefits are benefits that generally relate to length of service, paid to employees still in activity and paid more than twelve months after the end of the financial year-end. A provision is raised corresponding to the outstanding commitments at the year-end. These commitments are valued using the same actuarial method as that applied to post-employment benefits. 3.6.3 Post-employment benefits In compliance with the Luxembourg Law dated 24 March 1989 regarding Banque et Caisse d’Epargne de l’Etat, Luxembourg, employees benefit from a pension supplement, at the company’s expense, if they fulfil the conditions for being eligible for the civil service pension scheme. Pension supplements concern the following benefits: 52 n Furthermore, civil servants-employees’ pensions are also paid for by the company. The pension amount of a civil servant-employee is based upon the civil service pension scheme. However, the pension amount of an agent/employee is based upon the difference between the amount of the said benefit as provided by the civil service pension scheme and the amount of the benefit as provided by the pension scheme for private sector employees. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS old-age pension, invalidity pension, n surviving spouse/partner pension, n surviving orphan pension, n three-month additional pension. n As such this scheme is inherently a set benefit scheme which finances commitments relating to the first ‘pillar’. The financing method applied by the pension fund (as set up by the Bank) uses the projected unit credit method with regard to the provision for benefits. Per annum, the Bank’s pension expenses are the sum of the following amounts: n n n n the cost of services rendered during the financial year, the financial cost resulting from the application of the discount rate, the expected return from assets, all actuarial differences. Actuarial differences are recognised systematically in equity. The Bank uses the STATEC mortality tables adjusted by five years to take account of the longevity of the beneficiaries. 3.7 PROVISIONS A provision, according to IAS 37, is a liability where the maturity date or amount is not precisely determined, but represents for the Bank a commitment towards a third party, resulting from past practices, whereby it is more or less certain that it will lead to an outflow of resources for the benefit of the third party, without at least an equivalent contribution expected from the latter. The Bank records a provision at the present value of the expenditures expected to be required to settle the obligations. The risks and uncertainties that inevitably surround many events and circumstances shall be taken into account in reaching the best estimate of a provision. By maintaining regulatory provisions accepted under Lux-Gaap but not under IFRS, the Bank grants an exception to IAS 37. Regulatory provisions comprise: 53 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS n The lump-sum provision: this is a provision temporarily exempt from tax and being considered as a general provision covering potentially risky assets and offbalance-sheet items, which risks are not yet identified when the balance sheet is drawn up. n The AGDL provision: this is a provision temporarily exempt from tax aiming at fulfilling the Bank’s obligations resulting from its membership of AGDL. The purpose of the Deposit Guarantee Association Luxembourg (AGDL) is to set up a mutual guarantee system covering deposits in cash (deposit guarantee) and claims resulting from investment transactions (investor compensation as defined by the law and by its statutes in favour of costumers and investors with members of the Association. The system is composed of two parts: the deposit guarantee (cash deposits) and the investor compensation scheme (notably securities). Every guarantee covers an amount of maximum 20,000 E per person and per bank. n Special items with a reserve element: this refers to amounts liable for fiscal immunity corresponding to capital gains resulting in particular from the application of articles 53, 54 and 54b of the Income Tax Law (LIR). Pursuant to these articles, capital gains resulting from the transfer, conversion or removal of an asset can be fiscally immunised, provided a certain number of conditions are met, when they are transferred to assets acquired or originated by the entity. 3.8 DEFERRED TAX ASSETS AND LIABILITIES Deferred tax assets and liabilities are recognised on temporary differences arising between the tax bases of assets and liabilities and their carrying amounts. Deferred tax assets and liabilities are calculated using the global method, which takes into account all temporary differences regardless of the date on which the tax will become payable or recoverable. The tax regulation applied and the tax rate used to determine the deferred taxes are those provided for by existing tax laws and which will be applied when the tax becomes recoverable or payable. Deferred tax assets are recognised to the extent that it is likely for the entity to recover the asset within a given time frame. Deferred taxes are recognised in the income statement as income or expense with the exception of deferred taxes on unrealised gains or losses on available-for-sale financial assets and changes in the value of derivative instruments designated as cash flow hedges, which are recognised in equity. 54 Marc Reiff, Service Back-Office Produits Financiers 55 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 56 4. Notes to the balance sheet (in euros) 4.1 CASH AND CASH BALANCES WITH CENTRAL BANKS Cash flow comprises cash and cash balances with central banks. The compulsory reserve with the Central Bank of Luxembourg is recognized under this heading. This is a minimum reserve intended to satisfy the reserve requirement imposed by the Central Bank. As a result, these funds are not available for financing the Bank’s ordinary transactions. 4.2 FINANCIAL INSTRUMENTS 4.2.1 Analysis by counterparty and by type 4.2.1.1 Assets and liabilities held for trading Assets 31.12.2007 31.12.2008 Non-derivatives Derivatives (note 4.7.) Total 12,923,281 273,559,868 286,483,149 7,726,318 205,874,671 213,600,989 Liabilities 31.12.2007 31.12.2008 Non-derivatives Derivatives (note 4.7.) Total Assets - Non-derivatives 146,403 269,528,779 269,675,182 5,266 329,143,126 329,148,392 31.12.2007 31.12.2008 Debt instruments Public sector Credit institutions Corporate Equity instruments 11,694,051 592,012 8,739,230 2,362,809 7,453,978 2,504,993 3,233,628 1,715,357 1,229,230 272,340 Total 12,923,281 7,726,318 Fair value adjustment 68,290 157,950 Liabilities - Non-derivatives 31.12.2007 31.12.2008 Short sales Bonds Shares 90,157 56,246 673 4,593 Total 146,403 5,266 Categories 31.12.2007 31.12.2008 Debt instruments 15,071,949,811 Public sector 2,734,037,194 Credit institutions 9,850,394,691 Corporate 2,487,517,926 11,806,819,966 2,534,962,855 5,662,167,212 3,609,689,899 Equity instruments Credit institutions Corporate Other 871,618,291 17,334,973 850,156,081 4,127,237 652,580,293 17,050,799 635,449,290 80,204 Total 15,943,568,102 Fair value adjustment 455,567,370 Impairment of financial assets -13,064,670 12,459,400,259 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.2.1.2 Available-for-sale financial assets 110,721,552 -109,068,631 The breakdown of unrealised profit at year-end is as follows: Debt instruments Debt instruments consist of variable-rate bonds, fixed-rate bonds as well as structured bonds. Fixed-rate and structured bonds may turn into variable-rate bonds by using derivatives (asset swaps). The Bank equates these transactions to fair value hedges. The prospective and retrospective efficiencies of these hedging transactions are close to 100%. 31.12.2008 Fair value adjustment of debt instruments Value adjustment of the swap leg hedging the asset Non-hedged value Hedged value Hedging value adjustment (“credit and adjustment (interest adjustment liquidity spread”) rate and price) Fixed-rate and structured bonds -187,202,042 120,240,731 -120,229,949 Retrospective efficiency rate 99.99% Variable-rate bonds -235,550,177 57 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 31.12.2007 Fair value adjustment of debt instruments Value adjustment of the swap leg hedging the asset Non-hedged value Hedged value Hedging value adjustment (“credit and adjustment (interest adjustment liquidity spread”) rate and price) Fixed-rate and structured bonds 2,964,352 -100,113,269 100,687,066 Retrospective efficiency rate 100.57% Variable-rate bonds -71,756,998 Table detailing the variation of the accounting value: Debt instruments 2007 Situation as at 1 January 15,562,004,312 Acquisitions 3,903,974,471 Sales -807,500,791 Reimbursments/redemptions -3,178,151,867 Income realised 81,628 Accrued interest -988,119 Fair value adjustments -189,149,585 Impairment -11,351,882 Foreign exchange difference -206,968,356 Situation as at 31 December 15,071,949,811 2008 15,071,949,811 1,240,876,327 -239,126,377 -4,134,567,291 -4,625,119 -25,087,650 -133,605,574 -91,377,625 122,383,464 11,806,819,966 Equity instruments 31.12.2008 Fair value adjustment of equity instruments Equity instruments, of which: Impairment of financial assets 31.12.2007 Fair value adjustment of equity instruments Equity instruments 58 413,233,040 -4,626,335 613,314,192 31.12.2007 31.12.2008 38,349,338 115,823,680 154,173,018 38,317,863 207,851,956 246,169,819 31.12.2007 31.12.2008 Debt instruments Public sector 516,955,866 Credit institutions 931,848,684 Corporate 1,258,060 Total 1,450,062,610 493,594,058 737,477,362 106,195,150 1,337,266,570 Acquisition cost Fair value adjustment Sub-total 4.4 HELD-TO-MATURITY INVESTMENTS Categories 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.3 SHARES IN ASSOCIATES AND SUBSIDIARIES The Bank has not recognised any impairment at year-end on held-to-maturity investments. Table detailing the change in accounting value: Held-to-maturity investment 2007 Situation as at 1 January 1,608,789,247 Acquisitions 329,279,920 Sales - Reimbursments/redemptions -494,188,314 Income realised - Accrued interest 6,462,253 Fair value adjustment - Impairment - Foreign exchange difference -280,496 Situation as at 31 December 1,450,062,610 2008 1,450,062,610 156,385,005 -269,048,743 -358,053 225,751 1,337,266,570 4.5 COLLATERALISED SECURITIES IN THE CONTEXT OF REPURCHASE agreements Categories Debt instruments issued by the public sector Debt instruments issued - other Equity instruments Total 31.12.2007 31.12.2008 1,329,068,257 924,493,656 117,020,621 - 2,370,582,534 - 59 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.6 CONVERTIBLE BONDS INCLUDED IN THE DIFFERENT PORTFOLIOS Categories Convertible bonds 31.12.2008 324,018,579 91,907,907 Convertible bonds in which the Bank has invested form part of the portfolio of available-for-sale assets and are hedged by swaps against the fluctuations of market interest rates. 4.7 DERIVATIVES Assets Liabilities Notional Categories Balances as at 31.12.2008 Derivatives used for trading purposes 205,874,671 329,143,126 19,835,831,382 Transactions linked to exchange rates - Foreign exchange swaps and forward exchange - Other 24,177,291 20,870,516 3,306,775 151,082,797 151,082,797 - 7,050,731,803 6,539,768,422 510,963,381 181,659,074 181,659,074 159,699,593 159,699,593 11,927,537,301 11,927,537,301 38,306 38,306 18,360,735 18,360,735 857,562,278 857,562,278 141,578,389 315,779,103 9,319,948,924 Transactions linked to exchange rates - CCIS 77,249,485 77,249,485 - - 732,320,013 732,320,013 Transactions linked to interest rates - IRS (interest rate) 23,433,562 23,433,562 235,273,056 235,273,056 5,435,967,595 5,435,967,595 Transactions linked to other indices - IRS (other indices) 40,895,342 40,895,342 80,506,048 80,506,048 3,151,661,316 3,151,661,316 224,469 367,925 80,000,000 224,469 224,469 367,925 367,925 80,000,000 80,000,000 Transactions linked to interest rates - IRS Transactions linked to credit risk - Credit derivatives (CDS) Fair value hedge Cash flow hedge Transactions linked to interest rates - IRS 60 31.12.2007 Assets Categories Derivatives used for trading purposes Liabilities Notional Balances as at 31.12.2008 273,559,868 269,528,779 40,186,230,832 5,394,526 5,393,558 968 23,721,043 22,819,629 901,414 10,840,382,561 10,185,284,384 655,098,177 268,165,342 268,165,342 243,237,002 243,237,002 27,968,633,102 27,968,633,102 - - 2,570,734 2,570,734 1,377,215,169 1,377,215,169 190,962,349 232,012,863 15,252,134,416 5,135,505 5,135,505 - - 910,362,115 910,362,115 Transactions linked to interest rates - IRS (interest rate) 185,767,961 185,767,961 232,012,863 232,012,863 10,299,044,884 10,299,044,884 Transactions linked to other indices - IRS (other indices) 58,883 58,883 - - 4,042,727,417 4,042,727,417 Cash flow hedge - 5,583,680 80,000,000 Transactions linked to interest rates - IRS - - 5,583,680 5,583,680 80,000,000 80,000,000 Transactions linked to exchange rates - Foreign exchange swaps and forward exchange - other Transactions linked to interest rates - IRS Transactions linked to credit risk - Credit derivatives (CDS) Fair value hedge Transactions linked to exchange rates - CCIS 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 61 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.8 LOANS AND ADVANCES AT AMORTISED COST - CREDIT INSTITUTIONS Categories Interbank loans Reverse repurchase agreements Roll-over credit Financial lease Sub-total Loan commitments 31.12.2007 31.12.2008 4,858,503,542 2,056,596,751 4,759,588,862 7,781,453,670 341,943,473 274,216,284 298,659 345,580 9,960,334,536 10,112,612,285 98,208,578 88,433,473 Impairment of financial assets - -10,500,000 In the event of reverse repurchase transactions, the Bank becomes the legal owner of the securities received as a collateral and has the right to sell or collateralise these securities. As of 31/12/2008, no security had been sold or collateralised. 4.9 LOANS AND ADVANCES MEASURED AT AMORTISED COST - CUSTOMERS Categories 31.12.2007 31.12.2008 Retail customers 4,792,147,563 6,526,747,664 Corporate customers 3,003,253,043 3,771,324,211 Public sector 2,523,848,519 1,843,484,746 Sub-total 10,319,249,125 12,141,556,621 Loan commitments 3,567,617,457 3,814,282,691 Impairment of financial assets -29,782,138 -60,870,028 Public sector Total Impairment of loans and advances Retail customers Situation as at 1 January 2008 Write-down Reversal Write-off Situation as at 31 December 2008 Impairment of assets - individual assessment Impairment of assets - collective assessment Total Corporate 13,267,566 8,653,350 -7,024,027 -729,231 14,167,658 16,514,572 46,052,120 -15,864,322 - 46,702,370 - - - - - 29,782,138 54,705,470 -22,888,349 -729,231 60,870,028 10,520,758 46,702,370 - 57,223,128 3,646,900 14,167,658 - 46,702,370 - - 3,646,900 60,870,028 Outstanding amounts for loans that generated impairment: 332,766,111 euros against 491,169,939 euros a year earlier. Value adjustments cover the principal amount and interest. 62 Situation as at 1 January 2008 Increase Decrease Situation as at 31 December 2008 Land and Other equipment buildings and furnishings TOTAL 241,772,070 3,532,841 -287,787 245,017,124 68,927,123 11,724,273 -10,615,175 70,036,221 310,699,193 15,257,114 -10,902,962 315,053,345 86,124,480 -73,594 5,289,521 91,340,407 43,665,758 -10,615,175 11,165,975 44,216,558 129,790,238 -10,688,769 16,455,496 135,556,965 155,647,590 153,676,717 25,261,365 25,819,663 180,908,955 179,496,380 Accumulated depreciation Situation as at 1 January 2008 Reversal Allowance Situation as at 31 December 2008 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.10 TANGIBLE ASSETS – PROPERTY, PLANT AND EQUIPMENT Net book value Situation as at 1 January 2008 Situation as at 31 December 2008 Situation as at 1 January 2007 Increase Decrease Situation as at 31 December 2007 Land and Other equipment buildings and furnishings TOTAL 245,575,951 774,087 -4,577,968 241,772,070 67,906,318 8,466,465 -7,445,660 68,927,123 313,482,269 9,240,552 -12,023,628 310,699,193 83,885,472 -4,255,447 6,494,455 86,124,480 40,770,038 -7,425,781 10,321,501 43,665,758 124,655,510 -11,681,228 16,815,956 129,790,238 161,690,479 155,647,590 27,136,280 25,261,365 188,826,759 180,908,955 Accumulated depreciation Situation as at 1 January 2007 Reversal Allowance Situation as at 31 December 2007 Net book value Situation as at 1 January 2007 Situation as at 31 December 2007 63 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.11 INTANGIBLE ASSETS Situation as at 1 January 2008 Increase Decrease Situation as at 31 December 2008 23,663,146 8,276,063 -8,171,970 23,767,239 Accumulated depreciation Situation as at 1 January 2008 Reversal Allowance Situation as at 31 December 2008 14,460,260 -8,171,970 7,843,189 14,131,479 Net book value Situation as at 1 January 2008 Situation as at 31 December 2008 9,202,886 9,635,760 Situation as at 1 January 2007 Increase Decrease Situation as at 31 December 2007 25,166,377 7,869,505 -9,372,736 23,663,146 Accumulated depreciation Situation as at 1 January 2007 Reversal Allowance Situation as at 31 December 2007 16,024,158 -9,372,736 7,808,838 14,460,260 Net book value Situation as at 1 January 2007 Situation as at 31 December 2007 9,142,219 9,202,886 Allowance to depreciation of intangible assets are recognised in the income statement under “Depreciation of tangible and intangible assets“. 64 Situation as at 1 January 2008 Increase (acquisitions) Increase (investment expenditure) Decrease Situation as at 31 December 2008 26,197,746 67,496 247,020 -308,918 26,203,344 Accumulated depreciation Situation as at 1 January 2008 Reversal Allowance Situation as at 31 December 2008 9,954,001 -99,208 496,531 10,351,324 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.12 TANGIBLE ASSETS - INVESTMENT PROPERTY Net book value Situation as at 1 January 2008 Situation as at 31 December 2008 16,243,745 15,852,020 Situation as at 1 January 2007 Increase (acquisitions) Increase (investment expenditure) Decrease Situation as at 31 December 2007 26,187,988 9,758 26,197,746 Accumulated depreciation Situation as at 1 January 2007 Reversal Allowance Situation as at 31 December 2007 9,458,304 495,697 9,954,001 Net book value Situation as at 1 January 2007 Situation as at 31 December 2007 16,729,684 16,243,745 The rental income from rented out investment property amounts to 2,241,806 euros for the 2008 financial year, against 2,292,476 euros a year earlier. Maintenance costs for the 2008 financial year in relation to investment property amount to 452,905 euros. The fair value of investment property amounts to 46,668,512 euros as at 31 December 2008. This amount was determined by chartered surveyors. 65 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.13 OTHER ASSETS Categories 31.12.2007 Miscellaneous debtors (1) 63,593,620 Other short-term receivables (2) 50,237,398 Other 2,661,014 Total 116,492,032 31.12.2008 43,702,351 29,270,722 1,017,550 73,990,623 (1) Mainly transactions on securities and coupons. (2) Mainly transactions on credit cards and cheques. 4.14 TAX: TAX ASSETS AND LIABILITIES Whereas current tax constitute a tax liability, deferred tax are the amounts of income taxes payable in future periods in respect of taxable temporary differences (liabilities) or the amounts of income taxes recoverable in future periods in respect of deductible temporary differences (assets). In the absence of a new fiscal law incorporating IFRS standards, the Bank, in agreement with the tax authorities, calculates tax liability on the basis of the change in net assets of the balance sheet items valued through the income statement. However the valuation results of the derivatives negociated in an over-the-counter market and fair value hedging transactions are excluded from the fiscal base because of their improbable realisation. These valuations give rise to deferred tax within the income statement. Generally speaking, we differentiate between “deferred tax assets“ and “deferred tax liabilities“. 4.14.1 Tax assets Categories 31.12.2007 Current tax assets 1,258,366 Deferred tax assets 132,000,655 Tax assets 133,259,021 31.12.2008 1,258,366 257,903,589 259,161,955 Breakdown of deferred tax assets according to origin: Categories 31.12.2007 Derivatives - application of fair value 59,112,487 Debt instruments - application of fair value 36,996,523 Capital instruments - application of fair value - Other - financial instruments 10,953,832 Pension funds - actuarial difference 24,937,813 Deferred tax assets 132,000,655 66 31.12.2008 93,156,241 120,991,714 14,809,600 8,155,707 20,790,327 257,903,589 Categories 31.12.2007 Liable tax 14,372,238 Income tax 14,117,788 Commercial tax 254,450 Deferred tax liabilities 140,242,426 Tax liabilities 154,614,664 31.12.2008 21,929,396 20,499,645 1,429,751 142,818,390 164,747,786 Breakdown of deferred tax assets according to origin: Categories Derivatives - application of fair value Debt instruments - application of fair value Capital instruments - application of fair value Other - financial instruments Pension fund - actuarial difference Deferred tax liabilities 31.12.2007 31.12.2008 62,223,517 37,333,457 27,269,156 697,280 12,719,016 140,242,426 35,017,923 63,582,416 15,042,397 16,903,069 12,272,585 142,818,390 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.14.2 Tax liabilities The table below gives a breakdown of the changes to deferred tax assets and liabilities, depending on whether the charges relate to items that are charged or credited to equity, or relate to items that are charged or credited to the profit or loss. Deferred tax assets/ liabilities Deferred tax assets Deferred tax liabilities Net deferred tax assets / liabilities 31.12.2007 Equity movements Income movements 31.12.2008 132,000,655 -140,242,426 126,768,141 -3,026,967 -865,207 451,003 257,903,589 -142,818,390 -8,241,771 123,741,174 -414,204 115,085,199 67 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.15 DEBT CERTIFICATES Categories 31.12.2007 Cash certificates 386,887,532 Commercial paper 3,538,726,151 Medium Term Notes and other securities issued 3,934,262,887 Total 7,859,876,570 Of which: subordinated securities (notional) 446,430,315 31.12.2008 349,411,585 2,684,879,315 2,636,821,096 5,671,111,996 334,757,896 During the 2008 financial year, the Bank repurchased own securities issued for a value of 183,703,384 euros (905,470,673 euros during the 2007 financial year). Breakdown as at 31 December 2008 of subordinated notes Description Rate Currency Balance upon Assimilated Non-assimilated issuance part part Note 1999-2009 Note 1999-2014 Note 2000-2012 Note 2000-2015 Note 2000-2020 Note 2001-2016 Note 2001-2021 Note 2001-2021 Note 2002-2012 Note 2002-2012 Note 2002-2022 Note 2003-2013 5.030 5.030 6.720 4.625 4.615 2.700 5.511 5.511 2.600 5.585 4.662 0.883 EUR EUR GBP EUR EUR EUR EUR EUR EUR EUR EUR JPY 80,000,000 20,000,000 10,341,262 25,000,000 25,000,000 25,000,000 20,000,000 30,000,000 4,500,000 5,500,000 50,000,000 39,416,634 16,000,000 20,000,000 8,273,009 25,000,000 25,000,000 25,000,000 20,000,000 30,000,000 3,600,000 4,400,000 50,000,000 39,416,634 64,000,000 2,068,253 900,000 1,100,000 - Total 334,757,896 266,689,643 68,068,253 The interest charge on subordinated securities issued amounts to 18,965,763 euros as at 31 December 2008, against 24,571,911 euros as at 31 December 2007. 68 Categories 31.12.2007 Interbank deposits 6,126,976,986 Repurchase agreements 2,370,582,534 Total 8,497,559,520 31.12.2008 3,805,523,752 3,805,523,752 4.17 DEPOSITS MEASURED AT AMORTISED COST - CUSTOMERS Categories 31.12.2007 Private customers 15,799,567,245 Repayable on demand Time-deposit account Savings Repurchase agreements 31.12.2008 19,806,242,626 2,596,962,947 9,284,073,629 3,904,839,751 13,690,918 3,625,008,253 12,099,395,419 4,081,838,954 - Public sector 3,814,175,763 Total 19,613,743,008 4,513,983,494 24,320,226,120 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.16 DEPOSITS MEASURED AT AMORTISED COST - CREDIT INSTITUTIONS 4.18 PENSION FUND - DEFINED BENEFIT PENSION PLAN Main estimations used in determining pension commitments: Variables Discount rate for staff at work Discount rate for retired staff Salary growth (indexation included) Pension growth (indexation included) 31.12.2007 31.12.2008 5.25% 5.00% 3.50% 2.50% 5.40% 5.00% 3.50% 2.50% Net transfer to the pension fund (recognised as income under “Staff expenses“): Components Current service cost Interest cost Staff contribution Total 31.12.2007 31.12.2008 4,580,237 12,340,265 -9,037,521 7,882,981 3,488,182 12,054,951 -9,403,025 6,140,108 69 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Pension fund under Balance sheet liabilities: Commitments as at 1 January Current service cost Interest cost Paid benefits Actuarial gains and losses Commitments as at 31 December 2007 2008 267,141,220 4,580,238 12,340,264 -8,666,460 -39,396,127 235,999,135 235,999,135 3,488,182 12,054,951 -8,767,867 1,938,605 244,713,006 The financial assets which the Bank invests in are not eligible, within the meaning of IAS 19, for a compensation with the pension fund commitments. 4.19 PROVISIONS Movements of the financial year: Situation as at 1 January Allowance Reversal Use of provisions Situation as at 31 December 2007 2008 382,673,421 31,524,406 -104,762 - 414,093,065 414,093,065 21,164,378 -60,205,612 -28,455,216 346,596,615 The “Provisions“ items record among other things the regulatory provisions accepted under the “Lux-Gaap“ standards. Among the regulatory provisions, we first recognise the AGDL provision whose stock amounts to 174,447,649 euros (182,880,903 euros as at 31/12/2007). The sole objective of AGDL is to establish a mutual guarantee system in order to compensate depositors of banks operating under Luxembourg law in the event of a default. The Bank continued to provide AGDL with an allowance of 19,643,479 euros for the 2008 financial year (18,489,959 euros in 2007) after having contributed in 2008 to compensation up to 28,076,733 euros in favour of depositors of 3 Icelandic banks. Another regulatory provision is the lump-sum provision, which aims to build up, over time and in an anticyclic way, reserves in order to hedge unexpected losses. For the 2008 financial year, the Bank carried out a release of the provision amounting to 59,701,707 euros for compensating impairment related to the financial crisis recognised on loans, whereas in 2007 it provided 11,872,510 euros. Next to the fixed amounts and AGDL provision, at the end of the 2008 financial year, the Bank recognised 31,732,029 euros against 30,715,035 euros a year earlier, with respect to the special items with a reserve element, under articles 53, 54 and 54b of the income tax law (LIR). 70 Categories Amounts payable in the short term (1) Preferential or secured creditors Total 31.12.2007 31.12.2008 134,149,034 34,477,968 168,627,002 270,525,728 39,526,590 310,052,318 (1) Amounts payable in the short term are mainly amounts to be paid by the Bank acting as service provider with regard to cheques, coupons, securities, bank transfers, … 4.21 TRANSACTIONS WITH ASSOCIATED PARTIES The associated parties of Banque et Caisse d’Epargne de l’Etat, Luxembourg, are the consolidated companies, Associates and senior managers of the Bank. 4.21.1 Relations between the Group’s consolidated companies Deposits of subsidiaries with the Bank Interest on deposits 31.12.2007 31.12.2008 46,653,462 1,229,186 46,536,541 1,965,913 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.20 OTHER LIABILITIES No impairment has been recognised on loans granted to associated parties. 4.21.2 Remuneration of the Bank’s management and supervisory bodies Breakdown of the fees paid to the members of the Board of Directors and the Executive Committee: Board of Directors (9 members) Executive Committee (5 members) Total 31.12.2007 31.12.2008 117,300 804,849 922,149 122,450 821,998 944,448 4.21.3 Loans and advances to members of the Bank’s Board and Committee Breakdown of the loans and advances to members of the Board of Directors and the Executive Committee: Board of Directors (9 members) Executive Committee (5 members) Total 31.12.2007 31.12.2008 1,117,655 726,457 1,844,112 912,662 679,597 1,592,259 71 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.22 INDEPENDENT AUDITOR’S FEES Audit Other audit services Fiscal services Other Total 2007 2008 500,250 57,845 - 33,810 591,905 470,000 38,550 30,000 163,745 702,295 4.23 EQUITY Table showing the change in equity as at 31 December 2008 Capital Reserves Revaluation Net income reserve As at 1 January 2008 72 Total equity 173,525,467 1,283,281,020 653,395,439 145,495,063 2,255,696,989 Appropriation of profit for 2007 - 145,495,063 - -145,495,063 - Net income from 2008 financial year - - - 146,913,090 146,913,090 Distribution of profit for 2007 financial year - -35,000,000 - - -35,000,000 Actuarial gains and losses on pension fund - -1,813,231 - - -1,813,231 Value adjustments on available-for-sale investments - - -332,155,046 - -332,155,046 Value adjustments on cash flow hedges - - 3,831,473 - 3,831,473 As at 31 December 2008 173,525,467 1,391,962,852 325,071,866 146,913,090 2,037,473,275 As at 1 January 2007 173,525,467 1,175,884,997 583,876,219 109,672,969 2,042,959,652 Appropriation of profit for 2006 - 109,672,969 Net income from 2007 financial year - - - 145,495,063 145,495,063 Distribution of profit for 2006 financial year - -30,000,000 - - -30,000,000 Actuarial gains and losses on pension fund - 27,723,054 - - 27,723,054 Value adjustments on available-for-sale investments - - 70,857,207 - 70,857,207 Value adjustments on cash flow hedges - - -1,337,987 - -1,337,987 - -109,672,969 - 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Capital Reserves Revaluation Net income Total equity reserve As at 31 December 2007 173,525,467 1,283,281,020 653,395,439 145,495,063 2,255,696,989 The Bank allocated profit amounting to EUR 35,000,000 to the State in respect of the 2008 financial year (2007: EUR 35,000,000). The capital amount has been transferred from existing reserves on the day the law dated 24 March 1989 concerning “Banque et Caisse d’Epargne de l’Etat, Luxembourg” came into force. 73 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 4.24 OFF BALANCE SHEET ITEMS Type of guarantees issued 31.12.2007 31.12.2008 207,631,718 106,521,088 267,963,708 24,533,631 76,101,968 682,752,113 229,460,612 104,476,583 272,424,069 26,958,621 78,143,624 711,463,509 31.12.2007 31.12.2008 Amounts subscribed and unpaid on securities, participating interests and shares in affiliated undertakings 8,003,706 Loan commitments 3,665,826,035 Other 8,649,951 Total 3,682,479,692 6,599,507 3,902,716,164 7,247,274 3,916,562,945 Completion guarantees Credit letters Counter-guarantees Documentary credits Other Total Commitments Management of third-party assets The Bank provides management and representation services to third parties, particularly wealth management, the custody and administration of securities, the hire of safe deposit boxes, fiduciary representation and agent functions. 74 Viviane Klos, Service Immeubles & Support Logistique 75 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 5. Notes to the income statement 5.1 INTEREST INCOME Interest received and similar income Assets repayable on demand Financial assets held for trading Available-for-sale financial assets Loans and advances - Debt instruments Loans and advances - Loans and advances Held-to-maturity investments valued at amortised cost Derivatives used for hedging purposes, interest rate risk Other assets Total Interest paid and similar expense Financial liabilities held for trading Liabilities measured at amortised cost - Deposits Liabilities measured at amortised cost - Debt certificates Liabilities measured at amortised cost - Subordinated debts Derivatives used for hedging purposes, interest rate risk Other liabilities Total Interest income Total of interest received and similar income on financial instruments not recognised at fair value through profit or loss Total of paid interest and similar expense on financial instruments not recognised at fair value through profit or loss 5.2 DIVIDEND INCOME Financial assets held for trading Available-for-sale financial assets Associates Subsidiaries Dividend income 76 2007 2008 17,557,400 98,420,065 697,684,164 295,981,209 645,971,918 57,185,827 1,981,272,451 735,377 3,794,808,411 17,579,400 69,417,911 643,076,722 138,551,454 776,157,668 48,802,020 2,015,964,910 1,027,357 3,710,577,442 2007 2008 -96,408,394 -1,031,268,972 -330,454,499 -25,778,359 -1,990,827,008 -2,045,323 -3,476,782,555 -107,534,826 -953,039,190 -160,376,773 -18,789,521 -2,064,925,582 -1,958,414 -3,306,624,306 318,025,856 403,953,136 3,696,388,346 3,641,159,531 -3,380,374,161 -3,199,089,480 2007 2008 157,907 17,144,430 8,342,286 11,364,167 37,008,790 45,412 25,100,471 9,788,061 18,806,841 53,740,785 Categories Lending activities Asset management Undertakings for collective investment activities Other Fees and commissions received and paid 2007 2008 20,449,619 24,114,622 9,258,720 19,777,973 73,600,934 22,724,732 18,510,348 8,266,443 20,352,414 69,853,937 5.4 INCOME FROM FINANCIAL INSTRUMENTS NOT RECOGNISED AT FAIR VALUE THROUGH PROFIT OR LOSS Categories 2007 2008 29,682,020 100,998 - -4 29,783,014 -3,324,503 185,897 6,959 -57,908 -3,189,555 2007 2008 1,457,313 -579,392 3,118,271 -3,790,345 411,704 617,551 509,780 1,591,670 7,082,670 -20,669,551 499,347 -10,986,084 2007 2008 Fair-value hedge Debt instruments (as assets) hedged by derivatives 2,779,949 Issued liabilities hedged by derivatives -1,322,256 Loans hedged by derivatives -2,711,707 Deposits hedged by derivatives 818,305 Total -435,709 Value adjustment on hedged instruments -164,682,076 Value adjustment on hedging instruments 164,246,367 Total -435,709 6,997,724 -2,754,785 3,875,095 -572,139 7,545,895 222,955,024, -215,409,129 7,545,895 Available-for-sale financial assets Loans and advances measured at amortised cost Held-to-maturity investments Financial liabilities measured at amortised cost Total 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 5.3 FEES AND COMMISSIONS 5.5 TRADING INCOME Categories Capital instruments and associated derivatives Currency exchange instruments and associated derivatives Interest rate instruments and associated derivatives Credit derivatives Commodities and associated derivatives Total 5.6 NET INCOME FROM HEDGE ACCOUNTING Hedging transactions are highly effective. 77 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 5.7 OTHER NET OPERATING INCOME 2007 2008 8,177,020 -3,026,318 5,150,702 6,887,874 -2,437,166 4,450,708 2007 2008 127,062,490 6,433,111 18,590,707 7,882,981 3,043,615 163,012,904 131,142,744 6,534,996 19,275,658 6,140,108 3,215,902 166,309,408 2007 2008 14,976,769 12,995,671 18,029,175 13,906,101 59,907,716 16,194,022 12,633,582 18,326,855 14,040,681 61,195,141 2007 2008 6,494,455 10,321,501 16,815,956 5,289,521 11,165,975 16,455,496 Other operating income Other operating expense Other net operating income “Other operating income and expense” include mainly: - the rent for rented out property and various advances from tenants, - VAT repayments relating to previous financial years, - incoming funds on amortised receivables. 5.8 STAFF EXPENSES Categories Wages Social security costs Pensions and similar expense Transfer to the pension fund Other staff expenses Total 5.9 OTHER GENERAL OVERHEADS Categories Expenses linked to property and furnishing Rents and maintenance of software Operating costs linked to the banking business Other Total 5.10 VALUE ADJUSTMENTS ON TANGIBLE ASSETS Depreciation Categories Depreciation - buildings Depreciation - equipment and furnishing Depreciation of tangible assets 78 In 2007 and 2008, the Bank did not recognise any impairment on tangible assets under IAS 36. 5.11 VALUE ADJUSTMENTS ON INTANGIBLE ASSETS Depreciation Categories Depreciation - buildings Depreciation of intangible assets 2007 2008 7,808,838 7,808,838 7,843,189 7,843,189 Impairment 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Impairment The Bank did not recognise any impairment on intangible assets under IAS 36. 5.12 VALUE ADJUSTMENTS ON INVESTMENT PROPERTY Depreciation Categories Depreciation Depreciation of tangible assets investment 2007 2008 495,697 495,697 496,531 496,531 Impairment The Bank did not recognise any impairment on investment property under IAS 36. 79 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 5.13 Impairment of financial assets - individual and collective assessments Collective impairment 2007 Collective Allowance Reversal Total Allowance impairment Loans and advances -555,227 -555,227 86,826 86,826 Individual impairment -468,401 -468,401 -156,876 -156,876 Reversal 2008 Total 618,914 618,914 462,038 462,038 2007 2008 Individual Allowance Reversal Total Allowance impairment Available-for-sale financial assets -12,071,207 1,271,718 -10,799,489 Loans and advances -18,112,800 15,631,824 -2,480,976 -30,184,007 16,903,542 -13,280,465 Reversal Total -121,113,076 17,047,252 -104,065,824 -62,508,408 19,306,447 -43,201,961 -183,621,484 36,353,699 -147,267,785 Allowance for lump-sum provision 2007 2008 Allowance -11,872,510 Reversal - Net allowance -11,872,510 59,701,707 59,701,707 5.14 PROVISIONS 80 2007 2008 Allowance for AGDL provision -18,489,959 Allowance for special items with a reserve element -1,103,992 Net allowance -19,593,951 -19,643,479 -1,016,994 -20,660,473 2007 2008 Tax on income from continuing operations 19,289,270 Deferred tax 8,879,667 Tax on profit for the financial year28,168,937 24,998,074 414,204 25,412,278 The standard tax rate applicable in Luxembourg as at 31 December 2007 and 31 December 2008 was 29.63%.The Bank’s effective tax rate was 19.36% or 17.30% respectively, given the discrepancy between the Luxembourg tax base and the accounting principles for financial statements currently in force in Luxembourg. The difference between these two rates can be analysed as follows: 2007 2008 Net income before tax173,664,001 Tax rate 29.63% Theoretical tax at standard rate 51,456,644 Fiscal impact of non-deductible expenses 3,221,399 Fiscal impact of non-taxable income -21,877,284 Tax rebate and relief -3,203,550 Other -1,428,272 Tax on profit for the financial year28,168,937 172,325,369 29.63% 51,060,007 133,161 -20,545,142 -3,471,597 -1,764,151 25,412,278 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 5.15 TAX EXPENSE 81 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 6. Management of financial risks 6.1 GENERAL RULES FOR MANAGEMENT OF FINANCIAL RISKS Traditionally, BCEE has adopted a prudent and conservative policy in respect of risk management. During recent years, the Bank has increased its efforts to further harmonise control procedures and to move towards maximum transparency in management methods. 6.1.1 Organisation of Risk Management Banks face risks of different types, be they financial (such as credit or market risk), or operational. Within the Bank, the Executive Committee has the ultimate responsability with regard to the analysis and the management of the Bank’s exposures. From an organisational point of view, risk management and risk control are delegated to the Risk Analysis department (Risk Management). 6.1.2 Executive Committee The Bank’s Management, through the Executive Committee, sets the objectives for the commercial entities’ business, the type of transactions to be carried out and their limitations, as well as the rules for organisation and internal control. 6.1.3 Risk Management The Risk Management department (Risk Analysis), which forms a separate unit from any commercial activity within the Bank, is responsible for: n n n setting up a coherent framework for analysing financial risks, the analysis itself and the permanent monitoring of these risks, the approval or rejection of requests from the commercial entities, and the submission of cases to the Executive Committee for transactions where the volume is beyond a threshold set by the Executive Committee, monitoring limits (credit, market, trading) within which the commercial entities should operate. The department consists of two units: n 82 Analysis and Risk Monitoring: the Analysis and Risk Monitoring (“Analyse et Suivi Risque or ASR”) unit is responsible for analysing and monitoring credit risk, as well at the level of individual exposures or at the level of the Bank’s various portfolios. Risk Control: the Risk Control unit is responsible for supervising activities that take place in the dealing room. This includes the administration and setting of systems used by the dealing room, as well as the modelling, risk valuation and monitoring of limits imposed on the dealing room’s activities, as well as internal reporting of profits realised by the dealing room. The Risk Control unit reports directly to the Executive Committee. 6.1.4 Compliance Compliance risk - also called non-conformity risk - generally refers to the risk of loss stemming from the fact that activities are not carried out in accordance with standards currently in force. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS n Compliance risk falls within the remit of the Compliance department, which ensures in particular: adherence to money-laundering obligations, using a tool aimed at detecting suspicious transactions, n generally speaking, adherence to the regulatory environment at Bank level (with certain elements being delegated to the Internal Audit department), n the monitoring of customer claims. n 6.1.5 Internal Audit The Risk Management function is subject to regular and recurrent missions by the Internal Audit department. During these missions, Internal Audit checks the suitability and application of procedures by the Risk Management. 6.1.6 Systems used for measuring and checking limits a. Market risk Market risk refers to the risk of loss of economic value for instruments held by the Bank caused by unfavourable developments in market parameters. Within the framework of market risk valuation and monitoring, the Bank applies a set of methods including: n Permanent calculation of the “Basis Point Value” (BPV) indicator for positions subject to rate risk held at dealing room level. BPV is a simple and efficient method which makes it possible to quantify market risk originating from small rate fluctuations for the positions held. The traders are required to operate permanently within BPV limits decided on by the Management. Adherence to these limits is monitored by Risk Control. 83 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS n Value-at-risk (VaR), both for the trading book and the banking book, in order to measure amounts at risk with respect to the positions held by the Bank. Risk amounts are subject to limits decided on by the Management and supervised by Risk Control. VaR represents a progress with regard to less sophisticated indicators such as BPV, because it allows to: - integrate the correlations as the risk factors change between the positions held, - express the potential loss by a single amount, that can be related to the Bank’s equity, - quantify the probability of this loss occurring again, - stress-tests on positions held in order to value the impact of unexpected market movements, this impact not being correctly captured by VaR. b. Credit risk A permanent monitoring of the quality of all debtors is set up within Risk Management. This supervision is based on the monitoring of internal ratings of each counterparty and on a behavioural analysis of commitments. Risk Management constantly informs the Bank’s Management about changes in the quality of debtors. Besides, Risk Management performs a quarterly check of the changes in credit quality with regard to all the Bank’s portfolios, the results of these studies being made available directly to Senior Mangement. The positions held at dealing room level are subject to permanent and real-time monitoring for adherence to the credit limits granted by the Management. On top of the limits at counterparty level, the Bank has set up a system of sectional and geographical limits in order to monitor the risk of concentration. c. Counterparty risk stemming from transactions on derivatives The Bank has negotiated ISDA framework agreements including CSA appendices in order to limit the counterparty risk resulting from transactions on derivatives where these transactions show a positive market to market valuation. By the end of 2008, approximately 91% of the volume of transactions on derivatives took place within the framework of these agreements. d. Liquidity risk Liquidity risk results from the mismatch of incoming and outgoing financial flows at a given date. The risk for a financial institution is that of no longer being able, at any given time, to honour its payments due to the lack of liquid assets in relation to liabilities that have become payable. Because of its financial structure, the Bank usually finds itself in a situation of liquidity surplus. 84 In the event of an urgent and important need for liquidities, the Bank may use an intraday and overnight credit line with the Central Bank of Luxembourg (BCL) against pledges of public securities or other fixed income securities. To that effect, the Bank keeps at all times a portfolio of at least 4,000 million euros in fixed income securities which could act as a guarantee for the BCL. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS The Bank carries out a permanent monitoring of liquidity risks with regard to maturity dates. The Trading department is in charge of short-term liquidity management. Furthermore, the Bank has stable and diversified liabilities, notably in the form of a very strong and constantly growing customer deposit base with ECP, USCP and EMTN refinancing programmes which provide the Bank with a comfortable situation in terms of liquidity. Moreover, the portfolio of quality fixed income securities (average rating of AA-) allows the Bank to participate, if needed, in the Europeen Central Bank’s Open Market Operations as well as to raise money with bilateral and triparty repo counterparties. Finally, the extension of quality criteria for the collateral accepted by the European Central Bank has extended our refinancing possibilities with the latter. Par. II.1. of CSSF Circular 07/301 – “Identification of risks” explicitly mentions the securitisation risk that a credit institution sponsors or initiates. Securitisation can be seen as a technique of liquidity management since it enables assets to be removed and thus allows a bank to raise funds. As the Bank has not initiated or sponsored such an operation and as the Bank is not likely to participate in such an enterprise in future, this risk is not an issue for the Bank. 6.2 EXPOSURE TO CREDIT RISKS 6.2.1 Objectives and management of credit risk Each commitment of the Bank giving rise to a credit risk is subject to prior analysis by the ASR department (Risk Analysis and Monitoring). With regard to credits granted to the national economy, the outstanding amounts of which are recognised in the balance sheet under “Loans and advances at amortised cost - Customers”, the decision-making structure is organised into a hierarchy with different credit committees according to the customer’s overall outstanding amount. Starting from a defined threshold, cases must be ratified by the Bank’s Executive Committee. The portfolio’s structure is made up of residential mortgage loans for over half of the outstanding amount. Credit risk relating to residential mortgage loans is assessed by the process of evaluating customers’ ability to pay and by the existence of real guarantees. As far as the sector of loans and advances to companies is concerned, the Bank applies rigorous procedures for analysing cases and for taking sufficient guarantees. Particular attention is paid to the adherence to limits per sector and per counterparty. The Basel II methodology allows the Bank to continuously monitor aggregate portfolios in respect of risk trends. 85 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS In the area of interbank markets and international credits, the outstanding amounts of which are recognised in the balance sheet under “Loans and advances at amortised cost - Credit institutions”, “Loans and advances at amortised cost Customers” and “Available-for-sale financial assets - Fixed income securities”, where a large majority of counterparties are made up of banking and financial institutions, a set of quantitative and qualitative analyses is used to allocate an internal rating to a bank counterparty. The quantitative element is based on the ratios that best describe the counterparty’s profitability, capital strength, liquidity and the quality of its assets, while the qualitative element is input by the analyst, taking account of non-financial aspects such as market share, management quality and external rating. With regard to international credits to non-financial entities, the outstanding amounts of which are recognised in the balance sheet under “Loans and advances at amortised cost - Customers” and “Available-for-sale financial assets - Fixed income securities”, priority is given to commitments classified at least as Investment Grade in OECD countries. These counterparties, like all the other Bank’s counterparties, are granted an internal rating, based on rules similar to those applied to banking and financial institutions. Outstanding credit amounts are subject to counterparty risk monitoring and to regular checks on the basis of current financial analyses and proposals for adjusting the limits per counterparty. The Bank also applies a system of country limits for countries with a rating under AA. The dealing room is required to adhere, for each balance sheet and off-balance sheet instrument, both to the counterparties’ credit limit and to the settlement limits (settlement limit and daily settlement limit). These limits are subject to periodical review. Investments in derivatives are largely regulated using ISDA (International Swaps and Derivatives Association Inc.) type contracts which include compensation clauses in the event of bankruptcy of one of the parties. The Bank has secured a means of additional risk reduction by negotiating the CSA (Credit Support Annex) appendix to the ISDA contracts with the most important counterparties in the area of off-balance sheet transactions. This appendix stipulates, on the basis of a periodical revaluation of bilateral positions, that guarantees in the form of cash or top-rated securities must be deposited whenever the net value of outstanding contracts exceeds a certain threshold. By the end of 2008, approximately 91% of the volume of transactions on derivatives took place within the framework of an ISDA-CSA contract. 86 Concentration risk is the risk resulting from an excessive exposure with regard to one single debtor, a group of debtors, an economic sector or a country. In order to avoid this risk, the BCEE has put in place a set of procedures ensuring efficient management of the limits allocated. It is equally possible to consider concentration risk not only from the commitments point of view, but also from that of the Bank’s resources, in which case this risk could be seen in the context of liquidity risk for instance. On top of the counterparties limits, the Bank has set up a system of limits per sector and per country in order to contain concentration risks at an acceptable level. For this reason the Bank has invested in risk management tools adapted to the different risk profiles and financing types. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 6.2.2 Credit and concentration risk Generally speaking the commitments are for the most part concentrated on high ratings (AAA, AA and A) so as to limit risk exposure and volatility. The Bank systematically avoids riskier segments of the market. 6.2.3 Risk mitigation The extent of the activities to which BCEE allocates its equity is defined by its internal organisation, and by its method of internal reporting (Management Information System) upon which its internal accounting reporting is based. The Bank uses the classical techniques for reducing credit risk which are: Real guarantees (collaterals) Breakdown by type of collateral 2007 2008 Mortgages 5,979,756,131 Repurchase agreements 4,750,050,000 Pledge for cash deposits or securities deposits 425,260,522 6,014,126,703 7,725,871,886 86,748,475 Personal guarantees Personal guarantees amounted to 4,300,232,790 euros at the end of 2008 against 4,221,944,986 euros a year earlier. 87 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 6.2.4 Analysis of credit risk on financial assets The Bank defines the exposure to the credit risk of financial assets as being the book value applied within the framework of IFRS standards. In order to meet the requirements of IFRS 7 “Financial Instruments: Disclosures”, credit risk exposure as of 31 December 2008 is shown according to internal ratings. In the following tables giving information on exposure, credit risk exposure is shown at book value before risk mitigation. The application of a collateralisation rate shows the effect of risk mitigation. Credit risk is shown according to the following exposure: n n n 88 geographical area, counterparty category, risk classification (internal ratings). Pascal Berg, Service Financial Markets 89 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Tables giving information on exposure by geographical area Geographical area as at 31.12.2008 (in thousands of euros) Cash and cash balances with central banks Loans and advances at amortised cost Financial assets held for trading and derivatives used for hedging purposes Available-for-sale securities Held-to-maturity investments Other Total Geographical area as at 31.12.2007 (in thousands of euros) Cash and cash balances with central banks Loans and advances at amortised cost Financial assets held for trading and derivatives used for hedging purposes Available-for-sale securities Held-to-maturity investments Other Total 90 European Other North Asia and Union and European America Australasia Switzerland countries Supra - national Other Total 355,194 - - - - - 355,194 21,921,903 130,641 112,175 58,810 - 30,640 22,254,169 352,459 - 2,945 - - - 355,404 10,059,743 285,554 1,457,615 450,410 92,743 359,505 12,705,570 - - 76 1,129 416,271 1,573,864 - 105 509,325 1,336,752 536,774 34,562,825 European Other Union and European Switzerland countries North Asia and 515 - 1,337,267 - 53 538,137 93,257 390,198 37,545,740 Supra - America Australasia national Other Total 946,542 - - - - - 946,542 20,001,917 96,293 29,976 115,186 - 36,212 20,279,584 472,989 - 3,942 125 390 - 477,445 12,642,834 347,920 1,842,867 501,905 105,965 656,250 16,097,741 - - 70 5,233 444,283 1,882,018 - 232 617,448 1,448,484 450,316 35,963,082 1,578 - 1,450,062 15 241 456,107 107,948 692,703 39,707,482 2007 Outstanding amount 2008 Average Impairment collateralisation rate Outstanding Average amount collateralisation rate Impairment rate rate Cash and cash balances with central banks Sovereigns High grade 946,542,152 - - 355,194,150 - - Standard grade - - - - - - Sub-standard grade - - - - - - Past due but not impaired - - - - - - Impaired - - - - - - Not rated - - - - - - Total all categories 946,542,152 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Tables giving information on exposure by counterparty category and by risk classification 355,194,150 Loans and advances at amortised cost Banks High grade 7,537,233,296 39.80% - 9,409,384,326 79.98% - Standard grade 2,353,814,112 53.11% - 748,703,176 26.71% - 4,946,346 - - - - - Past due but not impaired - - - - - - Impaired - - - 14,107,410 - 74.43% 13,773,837 - - 9,225 - - Sub-standard grade Not rated Corporates High grade 536,302,289 95.69% - 898,024,568 1.18% - Standard grade 605,063,702 34.07% - 476,776,069 5.43% - Sub-standard grade 204,185,263 53.26% - 230,100,105 24.19% - - - - - - - Impaired 30,946,815 64.36% 51.26% 149,114,298 25.95% 31.32% Not rated 110,823,864 37.85% - 419,247,536 4.28% - Past due but not impaired Sovereigns High grade 1,674,018,908 0.68% - 2,456,577,960 13.62% - 13,121,891 - - - - - Past due but not impaired - - - - - - Impaired - - - - - - Not rated - - - - - - Standard grade 91 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 2007 Outstanding amount 2008 Average Impairment collateralisation rate Outstanding Average amount collateralisation rate Impairment rate rate Retail High grade 2,545,166,850 73.78% - 3,242,881,443 75.27% - Standard grade 3,428,524,227 88.49% - 2,974,627,042 76.89% - 737,585,530 74.46% - 959,762,290 77.26% - 18,600,000 88.06% - 14,049,337 77.26% - 414,641,476 62.49% 2.37% 257,441,528 52.82% 4.09% - - - - - Sub-standard grade Past due but not impaired Impaired Not rated Other High grade 13,934,888 - - - - - - - - - - - 8,313 - - - - - Past due but not impaired - - - - - - Impaired - - - - - - 36,892,054 - - 3,362,593 - - 20,279,583,661 - - 22,254,168,906 - - Standard grade Sub-standard grade Not rated Total all categories Financial instruments held for trading and derivatives used for hedging purposes Banks High grade 459,329,964 30.53% - 252,135,742 4.95% - 6,975,930 - - 93,437,210 4.51% - 490,622 - - 1,971,378 - - Past due but not impaired - - - - - - Impaired - - - - - - 10,648,981 - - 7,859,517 - - 477,445,496 - - 355,403,847 - - Standard grade Sub-standard grade Not rated Total all categories Available-for-sale securities Banks 92 High grade 9,300,709,370 - - 5,330,613,260 - - Standard grade 1,078,491,053 - - 1,663,364,537 - - Sub-standard grade - - - - - - Past due but not impaired - - - - - - Impaired - - - 76,440,193 - 84.70% Not rated - - - - - - Outstanding amount 2008 Average Impairment collateralisation rate Outstanding Average amount collateralisation rate Impairment rate rate Corporates High grade 490,463,542 - - 486,355,620 - - Standard grade 698,042,102 - - 607,112,795 - - 5,249,025 - - - - - Past due but not impaired - - - - - - Impaired - - - - - - Not rated - - - 62,502 - - Sub-standard grade Sovereign High grade 2,658,612,264 - - 2,381,878,869 - - 207,592,469 - - 273,890,585 - - Sub-standard grade - - - - - - Past due but not impaired - - - - - - Impaired - - - - - - Not rated - - - - - - Standard grade 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 2007 Securitisation High grade 949,085,534 - - 100,476,722 - - 28,283,300 - - 616,985,728 - - Sub-standard grade - - - - - - Past due but not impaired - - - - - - Impaired 45,581,647 - 29.54% 80,720,804 - 54.91% Not rated 357,443,984 - - 1,086,182,471 - - Standard grade Retail High grade 6,508,791 - - - - - Standard grade - - - - - - Past due but not impaired - - - - - - Impaired - - - - - - Not rated - - - - - - Other High grade 271,678,039 - - 1,485,992 - - Standard grade - - - - - - Sub-standard grade - - - - - - Past due but not impaired - - - - - - Impaired - - - - - - Not rated - - - - - - 16,097,741,120 - - 12,705,570,078 - - Total all categories 93 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 2007 Outstanding amount 2008 Average Impairment collateralisation rate Outstanding Average amount collateralisation rate Impairment rate rate Held-to-maturity investments Banks High grade 720,378,204 - - 498,580,403 - - Standard grade 206,892,527 - - 268,171,765 - - Sub-standard grade - - - - - - Past due but not impaired - - - - - - Impaired - - - - - - Not rated - - - - - - Corporates High grade - - - - - - 1,269,912 - - - - - Sub-standard grade - - - - - - Past due but not impaired - - - - - - Impaired - - - - - - Not rated - - - 69,985,076 - - Standard grade Sovereign High grade 518,961,824 - - 500,529,326 - - 2,560,144 - - - - - Sub-standard grade - - - - - - Past due but not impaired - - - - - - Impaired - - - - - - Not rated - - - - - - 1,450,062,610 - - 1,337,266,570 - - Standard grade Total all categories Non-financial assets (*) 456,106,639 - - 538,136,738 - - Total all categories 456,106,639 - - 538,136,738 - - 39,707,481,679 - - 37,545,740,289 - - Total (*) The category “Non-financial assets” comprises the following categories: “Tangible assets – property, plant and equipment”, “Tangible assets - investment property “, “Intangible assets”, “Current tax assets”, “Deferred tax assets” and “Other assets”. 94 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS René KETTEL, Service Immeubles et Support Logistique Pascale WERNER, Agence Strassen 95 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS The average collateralisation rate shows the average hedging rate of outstanding amounts by collateral held. The average impairment rate shows the average percentage of outstanding amounts deemed unrecoverable. Banks, Corporates and Sovereigns: The reclassification according to internal risk category corresponds to the following “S&P” equivalents: High grade : from AAA to A+ Standard grade : from A to BBBSub-standard grade : from BB+ to BBOutstanding amounts carrying the “impaired” label correspond to outstanding amounts showing “objective impairment evidence” and whose internal risk category (internal rating) is equal to or lower than a B+ rating. Securitisations: The reclassification according to internal risk category corresponds to the following “S&P” equivalents: High grade : from AAA to A+ Standard grade : from A to BBBOutstanding amounts carrying the “impaired” label correspond to outstanding amounts showing “objective impairment evidence” and whose internal risk category (internal rating) is equal to or lower than a B+ rating. 6.3 MARKET RISK 6.3.1 Determination of risk exposure Market risk is the risk of loss resulting from unfavourable fluctuations of various financial parameters, mainly interest rates, share prices and exchange rates. 6.3.2 Objectives and risk management To manage market risk, the risk, resulting from structural reinvestments on the Bank’s management as well as the risk 96 Bank distinguishes between maturity mismatch differences in maturity between resources and balance sheet, and the risk linked to treasury linked to trading operations. All other market risk components, such as interest rate risk, foreign exchange risk or equity price risks affecting treasury positions or on- and off-balance sheet trading positions are centralised in real time in the front-office system and are maintained within the limits set by the Bank’s Executive Committee. The Executive Committee is kept regularly informed of compliance with limits and risk exposure by a unit that is completely separate from the trading room. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS The maturity mismatch risk is supervised by the ALM (Asset Liability Management) committee which seeks to minimise the negative effects of changes in interest rate curves on the Bank’s performance by matching its own funds and funds deposited in demand deposit accounts or savings accounts with the refinancing of domestic and international loan portfolios, and with the Bank’s own bond and stock portfolios. The ALM Committee is composed of members of the Bank’s Executive Committee and a number of senior managers. Risk levels are mainly monitored using the linear Value at Risk (VaR) indicator introduced in 2003. The Bank calculates VaR using the historical simulation method. Trading and treasury activities are subject to VaR limits for each activity. VaR is measured on a daily basis for all market risk portfolios (trading, treasury and investment), except for the Bank’s portfolio of participating interests. This valuation covers a one-day period with a 99% confidence threshold. The time series cover a full year, which, for 2008, corresponded to a total of 261 observations. The efficiency of VaR calculations is monitored ex-post via a back-testing procedure where forecasts using VaR are compared with the changes in value effectively observed. The chart below shows VaR and back-testing trends for the Bank’s Treasury in 2008. On average VaR was EUR 1.48 million. VaR averaged EUR 131,000 for the trading portfolio alone in 2008. The negative result of the Treasury activity should not exceed VaR for more than one day out of a hundred on average. In 2008, the VaR threshold was exceeded three times. 97 3.00 P&L TB VaR TB 2.00 VaR / P&L (EUR Mio) 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Treasury Value at Risk / back-testing (2008) 1.00 0 -1.00 -2.00 -3.00 Jan.08 Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Jan.09 As well as VaR, which allows overall management of the various market risks, the Bank uses other risk management tools depending on the financial instruments concerned. Accordingly, interest rate risk is managed by simulating the impact of a one basis point (0.01%) variation in the interest rate curve on the Net Present Value of positions. Daily reports therefore present the variation resulting from a parallel one basis point variation in all interest rate curves, known as the Basis Point Value (BPV), which must remain within set limits. Moreover, foreign exchange risk and equity market risk are managed by means of limits on individual positions and stop-loss limits. 6.3.3 Analysis of the fair value of financial instruments The table below shows the comparison by category of the book value and fair value of the Bank’s financial instruments recognised in the financial statements. 98 Financial assets held for trading 213,600,989 - Available-for-sale financial assets - Fixed income securities 11,806,819,966 11,806,819,966 - Available-for-sale financial assets - Variable income securities 652,580,293 652,580,293 - Loans and advances measured at amortised cost - Credit institutions 10,112,612,285 10,112,612,285 - Loans and advances measured at amortised cost - Customers 12,141,556,621 12,522,452,053 380,895,432 141,802,858 141,802,858 - 1,337,266,570 1,333,601,916 -3,664,654 36,761,433,732 37,138,664,510 377,230,778 Derivative instruments used for hedging purposes Held-to-maturity investments TOTAL 213,600,989 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Categories as at 31/12/2008 Book value Fair value Unrealised valuation Financial assets Cash and cash balances with central banks 355,194,150 355,194,150 - Financial liabilities Financial liabilities held for trading 329,148,392 329,148,392 - 5,671,111,996 5,671,111,996 - Deposits measured at amortised cost - Credit institutions 3,805,523,752 3,805,523,752 - Deposits measured at amortised cost - Customers and public sector 24,320,226,120 24,310,281,494 9,944,626 Debt certificates issued Derivative instruments used for hedging purposes TOTAL 316,147,029 316,147,029 - 34,442,157,289 34,432,212,663 9,944,626 99 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Categories as at 31/12/2007 Book value Fair value Unrealised valuation Financial assets Cash and cash balances with central banks 946,542,152 946,542,152 - Financial assets held for trading 286,483,149 286,483,149 - Available-for-sale financial assets - Fixed income securities 15,071,949,811 15,071,949,811 - Available-for-sale financial assets - Variable income securities 871,618,291 871,618,291 - Loans and advances measured at amortised cost - Credit institutions Loans and advances measured at amortised cost - Customers Derivative instruments used for hedging purposes Held-to-maturity investments TOTAL 9,960,334,536 9,960,334,536 - 10,319,249,125 10,319,249,125 - 190,962,349 190,962,349 - 1,450,062,610 1,414,963,194 -35,099,416 39,097,202,023 39,062,102,607 -35,099,416 Financial liabilities Financial liabilities held for trading Debt certificates issued 269,675,182 269,675,182 - 7,859,876,570 7,859,876,570 - Deposits measured at amortised cost - Credit institutions 8,497,559,520 8,497,559,520 Deposits measured at amortised cost - Customers and public sector 19,613,743,008 19,613,743,008 Derivative instruments used for hedging purposes TOTAL - - 237,596,543 237,596,543 - 36,478,450,823 36,478,450,823 - The fair value of financial instruments not recognised at fair value in the financial statements is determined following the methods and estimations detailed hereafter. 100 In respect of financial assets and liabilities with a maturity date of 6 months or less, we estimate that their value is very close to the book value. Credit risk is considered to be immaterial owing to BCEE’s prudent policy and the proximity of the maturity date. Moreover the short residual duration makes for an insignificant rate risk. Similarly, the value of assets systematically collateralised is very close to the book value, the credit risk being hedged. For the most part, these consist of Repo, secured loans and equipment loans. Financial assets measured at amortised cost in the balance sheet: Financial assets and liabilities towards local customers as well as fixed income securities held to maturity are recognised at amortised cost in the balance sheet. For the needs of fair value calculation, the Bank distinguishes between instruments quoted on a market and over-the-counter instruments. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Assets and liabilities measured at amortised cost in the balance sheet and having a value close to the book value: The fixed income securities that are part of the held-to-maturity portfolio, are sovereign bonds that are quoted in an active market. With respect to financial assets and liabilities for local customers, the Bank calculates fair value using the discounted cash flow method, basing itself: a. on credit risk data such as the customer’s risk classification, the probability of default as well as the loss given default. These criteria were established using historical observations of realised default and make it possible to determine credit risk premiums (credit spreads) by risk classification, maturity date and type of financial instrument. b. on a reference rate curve. 101 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Table showing the percentage of financial assets and liabilities accounted for at fair value in the balance sheet Among financial instruments recognised at their fair value, the table below distinguishes between those whose fair value is determined on the basis of the price quoted in an active market, those valued using valuation techniques based on market observations. The valuation methods are described under “2.3.3 Accounting assessments and estimates”. The table below shows the percentage of the book value of a balance sheet category that is valued using one of the 2 methods. Categories as at 31.12.2008 Price of an active market Valuation techniques based on market observations Financial assets Instruments held for trading (*) 3% 97% Available-for-sale instruments – Fixed income securities 26% 74% Available-for-sale instruments – Variable income securities 58% 42% - 100% Derivative instruments used for hedging purposes (*) Financial liabilities Instruments held for trading (*) - 100% Derivative instruments used for hedging purposes (*) - 100% Debt certificates issued (*) - 100% (*) nearly all derivative instruments held for trading and hedging are over-the-counter market instruments. 102 Financial assets Instruments held for trading (*) 4% 96% Available-for-sale instruments – Fixed income securities 81% 19% Available-for-sale instruments – Variable income securities 84% 16% Derivative instruments used for hedging purposes (*) - 100% Instruments held for trading (*) - 100% Derivative instruments used for hedging purposes (*) - 100% Debt certificates issued (*) - 100% 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Categories as at 31.12.2007 Price of an active market Valuation techniques based on market observations Financial liabilities (*) nearly all derivative instruments held for trading and hedging are over-the-counter market instruments. 6.3.4 Analysis of foreign exchange risk: Net positions in foreign currency As at 31.12.2008 USD Other Total Net position in the balance sheet 24,717,708 5,205,698 29,923,406 As at 31.12.2007 Net position in the balance sheet AUD CHF GBP SEK USD Other Total 3,420,840 2,930,437 20,115,329 -2,089,229 6,597,635 4,284,593 35,259,605 Only those foreign currencies whose net exchange position exceeds the equivalent of 2 million euros in absolute terms have been mentioned individually. 103 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 6.4 LIQUIDITY RISK 6.4.1 Liabilities’ maturity schedules Tables showing the liabilities of the balance sheet over the remaining residual life until repayment of liabilities (contractual data) Current accounts and savings accounts are considered as repayable on demand. Category Within 3 M - 1 YR 3 months Sub-total less 1 - 5 YRS More than Not than 1 YR 5 YRS specified Sub-total Total 2008 more than 1 YR Debt certificates issued 2,710,669,177 730,296,046 3,440,965,223 1,065,991,787 1,164,154,986 - 2,230,146,773 5,671,111,996 Deposits measured at amortised cost - Credit institutions 3,540,576,697 264,947,055 3,805,523,752 - - - 0 3,805,523,752 Deposits measured at amortised cost - Customers and public sector Total Category 21,716,369,045 2,397,183,180 24,113,552,225 182,881,024 23,792,871 27,967,614,919 3,392,426,281 31,360,041,200 1,248,872,811 1,187,947,857 3 M - 1 YR 1 - 5 YRS More than Not 5 YRS specified more than 1 YR 3 months Sub-total less 206,673,895 than 1 YR Within - 24,320,226,120 0 2,436,820,668 33,796,861,868 Sub-total Total 2007 Debt certificates issued 3,495,083,999 892,339,060 4,387,423,059 1,675,982,913 1,796,462,655 7,943 3,472,453,511 7,859,876,570 Deposits measured at amortised cost - Credit institutions 8,078,112,878 417,229,401 8,495,342,279 2,217,241 - - 2,217,241 8,497,559,520 Deposits measured at amortised cost - Customers and public sector Total 104 18,294,320,656 1,083,345,090 19,377,665,746 199,605,364 36,471,898 29,867,517,533 2,392,913,551 32,260,431,084 1,877,805,518 1,832,934,553 - 236,077,262 19,613,743,008 7,943 3,710,748,014 35,971,179,098 Category Within 3 M - 1 YR 3 months Sub-total less 1 - 5 YRS More than Not than 1 YR 5 YRS specified Sub-total Total 2008 more than 1 YR Deposits measured at amortised cost – Customers and public sector 2,962,443,146 20,616,937,170 - 3,703,288,950 3,194,666,368 508,622,582 1 - 5 YRS More than Not than 1 YR 5 YRS specified more than 1 YR Category 17,654,494,024 Within 3 M - 1 YR 3 months Sub-total less Sub-total 24,320,226,120 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Table showing deposits from customers and the public sector according to “expected” maturity dates determined under asset-liability management policy. Total 2007 Deposits measured at amortised cost – Customers and public sector 15,268,687,730 1,670,471,863 16,939,159,593 3,236,398,352 295,358,259 - 3,531,756,611 20,470,916,204 6.4.2 Derivatives’ maturity schedule Tables showing derivatives with gross cash flow payment Given that residual life is calculated using contractual data, the optional feature of certain contracts has not been taken into account. Amounts are expressed in equivalent EUR using the exchange rate on 31/12/2008. 105 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Category Within 3 M - 1YR 1 - 5 YRS 3 months More than Total 2008 5 YRS Derivatives used for trading purposes Currency swaps and forward exchanges Increase 6,128,329,405 271,615,522 - - 6,399,944,927 Decrease -6,272,280,654 -267,487,768 - - -6,539,768,422 Derivatives used for hedging purposes CCIS Increase 14,951,837 37,178,846 238,526,108 518,913,319 809,570,110 Decrease -14,085,231 -41,005,539 -234,454,037 -442,775,206 -732,320,013 Total increase 6,143,281,242 308,794,368 238,526,108 518,913,319 7,209,515,037 Total decrease -6,286,365,885 -308,493,307 -234,454,037 -442,775,206 -7,272,088,435 Within 3 M - 1YR 1 - 5 YRS More than Total 2007 Category 3 months 5 YRS Derivatives used for trading purposes Currency swaps and forward exchanges Increase 9,453,268,620 715,882,679 461,909 - 10,169,613,208 Decrease -9,471,779,952 -713,034,368 -470,064 - -10,185,284,384 Derivatives used for hedging purposes CCIS 106 Increase 27,575,757 108,869,037 256,069,198 522,984,239 915,498,230 Decrease -25,304,468 -105,957,770 -254,667,521 -524,432,356 -910,362,115 Total increase 9,480,844,377 824,751,716 256,531,107 522,984,239 11,085,111,439 Total decrease -9,497,084,420 -818,992,138 -255,137,585 -524,432,356 -11,095,646,499 Liabilities net of cash flow originating from derivatives with net payments are as follows: Category Within 3 M - 1YR 1 - 5 YRS 3 months More than Total 2008 5 YRS Derivatives used for trading purposes IRS 73,577,315 206,989,008 45,124,017 10,926,685 336,617,025 Derivatives used for hedging purposes IRS 106,765,421 148,961,345 672,745,094 440,222,790 1,368,694,650 Total decrease 180,342,736 355,950,353 717,869,111 451,149,475 1,705,311,675 Within 3 M - 1YR 1 - 5 YRS More than Total 2007 Category 3 months 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Tables showing derivatives with net cash flow payment 5 YRS Derivatives used for trading purposes IRS 209,925,891 476,848,219 318,279,328 6,014,823 1,011,068,261 Derivatives used for hedging purposes IRS 116,306,291 178,961,414 606,408,020 389,846,390 1,291,522,115 Total decrease 326,232,182 655,809,633 924,687,348 395,861,213 2,302,590,376 6.5 ECONOMIC CAPITAL BCEE has embarked on a process of economic risk measuring and of planning its equity resources allocation between the various businesses. This study and work was formalised and submitted to CSSF in 2008 as a draft ICAAP report. CSSF’s Circular 07/301 ICAAP (Internal Capital Adequacy Assessment Process) plans to set up “healthy, efficient and exhaustive strategies and processes, allowing institutions to assess and keep at any time the amount, type and allocation of internal equity capital they deem appropriate to cover the type and level of risks which they are or could be exposed to”. 107 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS This document specifies the identification and management processes of the various risks with which BCEE is faced, whether it be those described in Pillar 1 of the Basel agreements or other risks (liquidity, profitability, etc...). The economic methods used to quantify the different risks are based on adjustments and supplements to regulatory methods as well as on the valuation of risks not considered by Pillar 1. The equity policy is in line with the mission defined in its articles of association: to contribute to the development of the Luxembourg economy. Therefore, BCEE aims to keep a moderate lever which is materialised as a high target capitalisation ratio. Furthermore, equity resources are allocated as a priority to activities within the national market. 6.5.1 Equity policy 6.5.1.1Equity determination The Bank’s goal is to contribute to the development of Luxembourg’s economy and not necessarily to reach a maximum return on equity. However the Bank also strives to generate enough profit to strengthen its financial position. In accordance with CSSF Circular 05/227, since 1 January 2008, BCEE has set up financial reporting based on IFRS standards. The methods used to calculate prudential equity have been adapted in order to allow determination on the basis of the new financial reporting. In CSSF Circular 05/228, the Commission defined the regulatory adjustments to be applied in order to ensure the transition from accounting equity towards prudential equity. 6.5.1.2Process for implementing the internal capital adequacy policy In order to implement its internal capital adequacy policy, the Bank is adopting the following approach: Development of an internal model for risk valuation (risks found in Pillar 1, Basel II, as well as non-hedged risks). ■ Determination of an important safety margin between available equity and risk hedging, materialized by a high capital/risk target ratio. ■ Allocation of equity following the Bank’s internal organisation, according to internal financial reporting. ■ Setting up of forecasts on risk exposure by activity (maximum economic risk, regulatory risk). ■ 108 It is the Bank’s view that economic equity consists of funds not claimable in the medium or long-term and hedges the Bank’s overall risks. Thus economic equity shows a certain continuity even if the valued risks taken as a whole are based on a one year timescale. Prudential equity consists of liabilities not claimable by a creditor (excluding defaults) and includes two sources of volatility: the revaluation reserve on the one hand and profits on the other hand. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Calculation of the provisional amount of equity necessary for hedging risks in order to reach the target ratio. ■ Allocation of surplus capital when the minimum ratio is reached in accordance with strategic orientations. ■ Regarding the revaluation reserve, it should be noted that its volatility depends on the realisation of risks included in the ICAAP measures: credit risk on debt instruments and market risk on the equity banking book. With respect to future profits, they are already considered as reducing the valuation of profitability risks. Therefore BCEE considers that its economic capital consists of its entire prudential equity, including the revaluation reserve. During the financial year ended 31 December 2008, the Bank has complied with the minimum capital requirements as stipulated in CSSF Circular 06/273. 109 Inès Kharroubi, Service Audit Interne 110 A. CONSOLIDATED BALANCE SHEET AS AT 31 DECEMBER 2008 in euros 31.12.2007 31.12.2008 Cash and cash balances with central banks Loans and advances measured at amortised cost Credit institutions Loans and advances measured at amortised cost - Customers Financial assets held for trading Derivative instruments used for hedging purposes Available-for-sale financial assets – Fixed income securities Available-for-sale financial assets – Variable income securities Held-to-maturity investments Investments in associates Tangible assets – property, plant and equipment Tangible assets – investment property Intangible assets Current tax assets Deferred tax assets Other assets 946,542,152 355,194,150 9,960,334,536 10,319,249,124 286,483,148 190,962,348 15,071,949,807 930,227,349 1,450,062,610 154,338,554 184,308,277 16,243,745 9,202,886 1,266,626 132,007,754 118,866,044 10,112,612,285 12,141,556,621 213,600,989 141,802,858 11,806,819,966 707,704,021 1,337,266,570 161,001,583 182,595,193 15,852,020 9,635,760 1,653,379 259,222,286 75,965,039 TOTAL ASSETS 39,772,044,960 37,522,482,720 LIABILITIES in euros Deposits measured at amortised cost - Credit institutions Deposits measured at amortised cost - customers Financial liabilities held for trading Derivative instruments used for hedging purposes Debt certificates issued Provisions Other liabilities Current tax liabilities Deferred tax liabilities Pensions and other post retirement benefit obligations Sub-total (before equity) to be carried forward 31.12.2007 31.12.2008 8,497,559,520 19,567,089,475 269,675,182 237,596,543 7,859,876,570 3,218,483 169,909,292 15,170,928 280,812,234 235,999,135 3,805,523,752 24,248,313,923 329,148,392 316,147,027 5,671,111,996 30,916,733 311,753,507 23,095,391 268,908,638 244,713,006 37,136,907,362 35,249,632,365 ASSETS 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS CONSOLIDATED ACCOUNTS 111 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS A. CONSOLIDATED BALANCE SHEET AS AT 31 DECEMBER 2008 EQUITY in euros Sub-total of LIABILITIES before equity Issued capital Revaluation reserve (*) Consolidated reserves of which equity method Net profit for the year Equity – Group share Minority interests TOTAL LIABILITIES including EQUITY (*) of which originating from available-for-sale assets (continuation) 31.12.2007 31.12.2008 37,136,907,362 35,249,632,365 173,525,467 538,636,052 1,718,128,033 102,481,274 201,669,100 2,631,958,652 173,525,467 136,198,177 1,859,640,045 91,537,878 100,819,199 2,270,182,888 3,178,946 2,667,467 39,772,044,960 542,563,415 37,522,482,720 136,294,067 B. CONSOLIDATED STATEMENT OF RECOGNISED INCOME AND EXPENSE AS AT 31 DECEMBER 2008 in euros 112 31.12.2007 31.12.2008 Available-for-sale assets - Value adjustments - Sale income recognised through profit and loss Actuarial differences on defined benefit plan Cash flow hedges Net profit accounted for directly in equity Profit for the year attributable to the Group Profit for the year attributable to minority interests 55,117,735 85,209,540 -30,091,805 27,723,054 -1,337,987 81,502,802 201,669,100 1,762,014 -425,942,806 -422,812,326 -3,130,480 -1,813,231 3,831,473 -423,924,564 100,819,199 2,112,380 Total income and charges accounted for during the financial year 284,933,916 -320,992,985 in euros 31.12.2007 Net interest income 321,076,200 Dividend income 18,132,749 Fee and commission income 93,338,150 INCOME FROM INTEREST, DIVIDENDS AND FEES AND COMMISSIONS 432,547,099 Income from financial instruments not recorded at fair value through profit or loss 30,192,796 Trading income 617,551 Net income from hedge accounting -435,709 Translation differences 2,835,732 NET BANKING INCOME 465,757,469 Other operating income 8,412,766 Other operating costs -3,411,717 OPERATING INCOME 470,758,518 Staff expenses -165,141,671 Other general overheads -61,054,008 Value adjustments on tangible and intangible assets -25,239,973 OPERATING INCOME AFTER EXPENSES 219,322,866 Impairment on financial assets - individual and collective assessments -13,748,866 Provisions - Share of profit of associates 20,556,252 INCOME BEFORE TAX 226,130,252 Profit or loss from non-current assets and disposal groups, classified as held-for-sale not qualifying as discontinued operations 1,577,479 Tax on income from continuing activities Deferred tax NET INCOME FOR THE YEAR SHARE OF INCOME ATTRIBUTABLE TO MINORITY INTERESTS SHARE OF INCOME ATTRIBUTABLE TO THE GROUP 31.12.2008 408,465,403 26,031,942 93,719,910 528,217,255 -2,995,531 -10,986,084 7,545,895 6,694,671 528,476,206 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS C. CONSOLIDATED INCOME STATEMENT FOR THE YEAR ENDED 31 DECEMBER 2008 7,011,316 -2,829,850 532,657,672 -168,964,892 -62,397,089 -24,926,685 276,369,006 -146,581,042 -28,076,733 14,819,446 116,530,677 321,097 -23,177,878 -28,126,777 -1,098,739 14,206,582 203,431,114 102,931,579 1,762,014 2,112,380 201,669,100 100,819,199 113 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS D. CONSOLIDATED CASH FLOW STATEMENT AS AT 31 DECEMBER 2008 The cash flow statement shows the increase and decrease of cash movements. Cash and cash equivalents include cash, balances with central banks as well as demand deposits. The cash flow statement classifies cash flow for the period into operating, investing and financing activities. Cash flow from operating activities - Cash flow from operating activities before change in operating assets and liabilities: in euros 31.12.2007 Interest received 3,600,056,515 Interest paid -3,317,648,530 Dividend income 38,880,230 Fees and commissions received 100,420,800 Fees and commissions paid -26,819,866 Other operating income 8,177,020 Other general overheads -215,037,639 Other operating costs -3,026,318 Sub-total 185,002,212 31.12.2008 3,510,144,188 -3,077,555,350 53,740,785 98,914,070 -29,060,133 6,887,874 -221,364,441 -2,437,166 339,269,827 - Cash flow from changes in operating assets: in euros 31.12.2007 Financial assets held for trading 39,571,988 Available-for-sale financial assets – Fixed income securities 457,812,264 Available-for-sale financial assets – Variable income securities -43,352,631 Loans and advances at amortised cost – Credit institutions 2,256,840,204 Loans and advances at amortised cost – Customers -1,315,377,479 Derivative instruments used for hedging purposes 5,223,874 Other assets 34,903,877 Sub-total 1,435,622,097 31.12.2008 5,188,476 3,015,058,996 17,488,618 248,984,671 -1,557,515,265 2,553,017 42,617,552 1,774,376,065 - Cash flow from changes in operating liabilities: in euros 31.12.2007 Securities held for trading - Short sales 48,914 Deposits measured at amortised cost - Credit institutions -13,852,054 Deposits measured at amortised cost - Customers -1,354,708,639 Derivative instruments used for hedging -3,824,205 Other liabilities -82,409,491 Debt certificates issued -281,725,271 Sub-total -1,736,470,746 Cash flow from operating activities -115,846,437 114 31.12.2008 -142,388 -3,662,991,405 2,546,159,559 -7,887,783 137,252,709 -2,102,123,615 -3,089,732,923 -976,087,031 in euros 31.12.2007 Acquisition of available-for-sale financial assets – Variable income securities 5,273,806 Acquisition / sale of variable income securities - Subsidiaries 2,726 Acquisition / sale of variable income securities - Associates -307,307 Acquisition / redemption of held-to-maturity investments 165,188,891 Acquisition / sale of tangible and intangible assets 4,276,549 Cash flow from investing activities 31.12.2008 1,468,229 -7,775 39,250 112,437,988 -4,463,843 174,434,665 109,473,849 31.12.2007 Net proceeds from subordinated liabilities -49,578,705 Income distribution -30,000,000 31.12.2008 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Cash flow from investing activities Cash flow from financing activities Net changes in euros -111,672,420 -35,000,000 Cash flow from financing activities -79,578,705 -146,672,420 Net change -20,990,477 -1,013,285,602 2007 Situation as at 1 January -804,787,917 Net change in cash flow -20,990,477 Effect of exchange rate changes on cash and cash equivalents -94,188,640 Situation as at 31 December -919,967,034 2008 Change in cash and cash equivalents Net changes in euros -919,967,034 -1,013,285,602 -43,811,372 -1,977,064,008 115 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS E. EXTRACTS FROM THE NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 DECEMBER 2008 1. General information The consolidated financial statements under International Financial Reporting Standards (IFRS) as adopted by the European Union concern the Group of which Banque et Caisse d’Epargne de l’Etat is the parent company. The financial statements were approved for issue by the Board of Directors on 19 March 2009. For ease of comparison, some items have been re-classified in the balance sheet for the year ended 31 December 2007. 2. Significant accounting policies 2.1 Compliance with IFRS significant accounting policies The Consolidated Financial Statements for the year ended 31 December 2008 have been prepared in accordance with International Financial Reporting Standards (IFRS) as adopted by the European Union. The consolidated financial statements are stated in euro, which is the functional currency of the parent company and its subsidiaries (except one subsidiary - see note 2.2.2). The consolidated financial statements have been prepared based on historical cost or amortised cost, adjusted to fair value for the recording of available-for-sale investments, financial assets held for trading purposes and derivative instruments. Financial assets and liabilities measured at amortised cost, designated as hedged items in the context of fair value hedges, must be adjusted with any changes to fair value that are attributable to hedged risks. The Group provides the segment information required by IFRS 8 in part 3 of the present document (provisional application on 31 December 2007). The Group has not applied in advance the new standards that came into force on 1 January 2009. Indeed, the Bank considers the impact on the financial statements as being immaterial. 116 2.2.1 Consolidation scope The consolidation scope comprises the parent company, its subsidiaries and any special purpose vehicles over which the Group exercises, directly or indirectly, effective control over their management and operating and financial policies. Subsidiaries are fully consolidated from the date on which the Bank acquires control over their financial policy. They are de-consolidated from the date that control ceases. Consolidation has not generated any goodwill as the Group has owned all its subsidiaries since the date they were created. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 2.2 Basis of consolidation The acquisition is accounted for at cost, i.e. the amount of cash or cash equivalents which represents the fair value plus costs directly attributable to the acquisition. Inter-company transactions and unrealised gains on transactions between group companies are eliminated. Unrealised losses relating to inter-company transactions are also eliminated unless the cost cannot be recovered. If any member of the Group applies different accounting methods from those applied in the preparation to the consolidated financial statements, appropriate restatements are made to ensure consistency with the Group policies. If an entity has a different financial year end to that of the Group, adjustments are made to take into account transactions made and any other significant events that occurred between the end of its financial year and that of its parent company. The share of minority interests in shareholders’ equity is recorded on a separate line. In the same way, the share of earnings attributable to minority interests is identified on a separate line. 2.2.1.1 Fully consolidated subsidiaries The consolidated financial statements record the assets and liabilities as well as income and expenses of the Group and its subsidiaries. A subsidiary is a company in which the Group holds at least 50% of the voting rights or any company over which the Group directly or indirectly exercises dominant control enabling it to govern the company’s financial and operating policies. 117 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS List of subsidiaries included in the consolidation scope Name Lux-Index US Advisory Lux-Pension Advisory Lux-Investment Advisors Lux-World fund Advisory S. A. Lux-Croissance Advisory S. A. Luxcash Advisory S. A. Lux-Garantie Advisory S. A. Lux-Protect fund Advisory Luxbond Advisory S. A. BCEE Ré S. A. Bourbon Immobilière S. A. Luxembourg State and Savings Bank Trust Company S. A. % of voting rights 79.88 82.00 80.00 87.43 86.70 85.67 85.40 89.13 93.53 100.00 100.00 99.90 2.2.1.2 Investments in associates Associated companies over which the Group exercises significant influence are accounted for using the equity method. Significant influence means that the Group is in a position to influence the company’s financial and operating policies so as to obtain a significant part of rewards. The Group is considered to exercise significant influence when it owns, directly or indirectly through its subsidiaries, 20% or more of the voting rights of a company. Investments in associates are recognised at cost and the book value is increased or decreased by the Bank’s share in the associate’s results after the acquisition date. The Group’s share of the associate’s profit or loss is recognised in the income statement. Consolidation using the equity method ceases when the carrying amount of the investments is reduced to nil, unless the Group is under the obligation to assume or guarantee the associate’s commitments. 118 Associated companies Direct holdings Société Nationale de contrôle Technique S. à r. l. Bourse de Luxembourg Parking Théâtre Cetrel Visalux Europay Luxembourg La Luxembourgeoise La Luxembourgeoise-Vie Indirect holdings Pecoma International EFA Partners % of capital held 20.00 22.74 26.23 28.70 30.87 29.20 40.00 40.00 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Investments in associates 33.33 29.05 The overall position held within Luxair is 21.81% of Luxair’s capital. The Group considers that it does not exercise significant influence given that it acquired 8.4% of Luxair’s capital during the 3rd quarter of 2008 with the aim of reselling within a short period. The overall position is recognised under “Available-for-sale financial assets – Variable income securities” and is valued at fair value through the “revaluation reserve”. 2.2.2 Foreign currency translation following consolidation Within the consolidated accounts, the balance sheet items of the only company in consolidated foreign currency (Lux-Index-US Advisory) are translated into the Group’s presentation currency (euro) at the rate prevailing at the end of the financial year. Income and expense items originating from the subsidiary expressed in US dollars are converted on the basis of the period’s average rate of the period. Translation results produced by the consolidation are recognised directly as equity which ensures their neutrality over profit and loss. In the event that the company is sold, these translation results will be recognised as profit or loss in the income statement. 119 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 3. Segment reporting The Group provides segment reporting based on its internal organisation and on its internal financial information system (“management view”) in accordance with IFRS 8. 3.1 Business segments The Group’s business segments are categorised into relevant segments showing similar profitability and risk features. The segments represent coherent groups of products aimed at the same type of customers and counterparties. The businesses thus defined are managed separately and are supported by specific structures within the BCEE Group organisation. They break down as follows: n Retail, Professional, Corporate and Public Sector banking: the business includes all activities involving deposits, credit, advisoring and transactions linked to these customers, excluding businesses handled directly by the dealing room. From an organisational point of view, these activities come under the “Retail and Private Banking” and “Corporate Banking” departments. n Capital markets and Investment funds: this includes activities relating to Treasury, Trading, Asset and Liability Management, Customer Desk, Mutual Fund administration and management. From an organisational point of view, these activities come under the “Financial Markets” and “Investment Funds” departments. n Other: includes all back-office and support activities, revenues from shareholdings and costs not allocated to a business on a reasonable basis. The results of the different activities include transactions between the different entities. These transactions are valued at a price based on the market for transactions relating to financing and to reinvestment between businesses. Back office services are also valued at a market price if available. The difference between the sum of the figures for the different segments and the overall consolidated accounts of the Group comes from the following items: n Interest margin: the difference between the interest margin allocated to businesses and the total margin comes from differences in valuation methods for internal transactions between “Financial Markets” on the one hand and the other segments on the other hand. Similarly, the commercial interest margin includes income from “float” valued using a method favouring commercial dynamics. 120 In 2008, the margin difference was below the level of materiality defined by the Group. n Fees and commissions: the reconciliation difference is explained by the sum of fees and commissions not directly linked to a business. The BCEE Group considers that the development cost for attributing these flows to a business would exceed the benefit obtained by this information. n Assets and liabilities are valued according to IFRS rules which are valid for global reporting with one exception. 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Another difference is generated by a conventional valuation mechanism of the margin on loans at social rates. This method is part of the “management view” and is intended not to penalise branches selling these products. Gross receivables and debts to customers of the “Retail and Private Banking” and “Corporate Banking” business are recognised for their annual average amount and not for their end-of-year amount. This lay-out is in line with the “management view”. The reconciliation difference for assets and liabilities stems from the consideration of average outstanding amounts compared to end-of-period outstanding amounts, assets for customers not linked to a business and from assets not spread out over businesses (temporary accounts, fiscal assets and liabilities, internal accounts). 3.2 Geographical information All BCEE Group operations are carried out from within the Grand-Duchy of Luxembourg. 3.3 Information on products and services The Group’s Net Banking Income (NBI) breaks down into the following main products: n n n n deposits from individual clients, professional clients, businesses and the public sector, loans and credits from individual clients, professional clients, businesses and the public sector, other products from individual clients, professional clients, businesses and public sector, other products. The NBI is valued by taking into account interest, fees and commissions being reinvoiced between businesses. 3.4 Information on important customers No customer nor any consolidated group of customers generates more than 10% of the BCEE Group’s NBI. 121 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 31.12.2008 Thousands of euros Retail, Professional, Corporate and Public Sector Banking Net interest margin Dividend income Fees and commissions Financial markets Other Reconciliation Total and investment funds 234,994 171,695 11,958 -10,182 408,465 - 10,556 15,475 - 26,032 25,552 9,169 60,271 -1,272 93,720 External fees and commissions 54,415 30,951 9,283 -929 93,720 Internal fees and commissions -28,862 -21,782 50,988 -344 - 4,828 -4,586 17 - 259 265,374 186,836 87,721 -11,455 528,476 - -202 4,383 - 4,181 265,374 186,634 92,104 -11,455 532,658 -138,771 -24,066 -93,452 - -256,289 -1,603 -144,997 -28,057 - -174,658 - - 321 - 321 125,001 17,570 -29,084 -11,455 102,032 - - -13,920 - -13,920 - -1,658 14,365 - 12,707 125,001 15,912 -28,639 -11,455 100,819 Assets 10,000,466 26,013,276 2,033,134 -524,394 37,522,483 Liabilities 18,693,351 12,491,107 2,283,955 4,054,069 37,522,483 Income on financial instruments and on exchange Net Banking Income Other operating income and expense Operating income General overheads and value adjustments on tangible and intangible assets Net Value adjustments and impairment Other Income before tax Tax on profit and deferred tax Minority interests/ income from associates Net income 122 Retail, Professional, Corporate and Public Sector Banking Net interest margin Dividend income Fees and commissions Financial markets Other Reconciliation Total and investment funds 212,406 112,575 9,020 -12,925 321,076 - 6,826 11,306 - 18,133 24,932 6,058 61,587 762 93,338 External fees and commissions 52,308 30,409 9,599 1,022 93,338 Internal fees and commissions -27,376 -24,352 51,988 -260 - 1,966 30,310 935 - 33,210 239,303 155,769 82,848 -12,163 465,757 - 237 4,764 - 5,001 239,303 156,006 87,612 -12,163 470,759 -136,594 -21,710 -93,132 - -251,436 -3,112 -10,637 - - -13,749 - - 1,577 - 1,577 99,597 123,659 -3,942 -12,163 207,151 - - -24,277 - -24,277 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS 31.12.2007 Thousands of euros Income on financial instruments and on exchange Net Banking Income Other operating income and expense Operating income General overheads and value adjustments on tangible and intangible assets Net Value adjustments and impairment Other Income before tax Tax on profit and deferred tax Minority interests/ income from associates Net income Assets Liabilities - -1,748 20,542 - 18,794 99,597 121,912 -7,677 -12,163 201,669 8,817,633 29,189,602 1,551,634 213,176 39,772,045 16,780,020 20,210,069 1,642,392 1,139,563 39,772,045 123 5. BANK FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS Net banking income Deposits from individual clients, professional clients, businesses and the public sector 107,244 115,037 Loans and credits from individual clients, professional clients, businesses and the public sector 81,791 89,178 Other products from individual clients, professional clients, businesses and public sector 50,269 61,159 226,454 263,102 Other products 124 31.12.07 31.12.08 Thousands of euros Thousands of euros Jasmine BIVER, Service Gestion du Personnel 125 Davide DUARTE DA SILVA, Centre Financier Place de Metz 126 6. ORGANISATION CHART (at 31.12.2008) EXECUTIVE COMMITTEE (MANAGEMENT BOARD) Jean-Claude FINCK President and Chief Executive Officer Michel BIREL Deputy Chief Executive Officer Gilbert ERNST Executive Vice President and Member of the Executive Committee Jean-Paul KRAUS Executive Vice President and Member of the Executive Committee Guy ROSSELJONG Executive Vice President and Member of the Executive Committee Internal Audit Guy QUEUDEVILLE Compliance Frank MOSAR DEPARTMENTS UNITS PRIVATE BANKING Paul WARINGO Banque Privée Paul WARINGO CORPORATE BANKING Romain Wehles Crédits Romain WEHLES FINANCIAL MARKETS Aly Kohll Financial Markets Aly KOHLL LEGAL Joseph DELHAYE Juridique et Contentieux Joseph DELHAYE Coordination du Réseau des Agences Gaston MOLLING Electronic Banking and Business Lysiane BACK Financial Institutions Luc HIERONIMY RISK MANAGEMENT John DHUR Analyse et Suivi Risque John DHUR Risk Control J-C Wilmes FINANCIAL REPORTING Doris ENGEL Administration des Marchés Financiers Jean LAUX Compt. Centrale et Budgétisation Doris ENGEL Securities Carlo MATAGNE Investment Funds Paolo VINCIARELLI Investment Funds Paolo VINCIARELLI Operations Marc Andre Back-Office Crédits Jean THEIN Back-Office des Produits Financiers Alain HAMMANG Organisation Marc ANDRE Paiements Serge WAGENER Valeurs Georges DENNEWALD SECRETARY GENERAL Françoise THOMA Assurances Annette REISCH Gestion du Personnel Roland FÜRPASS Immeubles et Support Logistique Paul HUSS Marketing Gérard TANSON Secrétariat Général Françoise THOMA Information TechnologIES Jean Hilger Développements Informatiques Jean HILGER Production Informatique Michel MERGEN 127 128 Eric SwaEnepoel, Service Production Informatique Nadine Burg, Agence Limpertsberg Carlo Dimmer, Agence Gare Xavier Cardinale, Service Production Informatique Marc BECKER, Service Juridique et Contentieux Viviane Wingert-Nickels, Agence Banque Européenne d’Investissement Jacques Reuter, Service Coordination Réseau des Agences Rolande Weydert, Agence Cour de Justice Jean-Luc Bermes, Service Crédits Emile Clement, Agence Colmar-Berg Anne Adamy, Service Production Informatique Marcel LAMBERT, Service Juridique et Contentieux Philippe Hennes, Service Crédits Silvia Goncalves Pereira, Service Coordination Réseau des Agences Marc Deckenbrunnen, Centre Financier Ettelbruck Christophe Manfredi, Service Production Informatique Patrice Garcia, Service Valeurs Jeanne Faber, Agence Centre Gaston MOLLING, Service Coordination Réseau des Agences Serge Barthelme, Service Développements Informatiques Carlo SCHERENTZ, Centre Financier Esch-sur-Alzette Patrick BERNARD, Service Gestion du Personnel Germain Leyers, Service Analyse et Suivi Risque Henri BARNICH, Service Organisation 129 130 Amadeu TRAVANCA, Service Gestion du Personnel Patrick MERGES, Service Investment Funds Romain LUCIUS, Agence Bridel Norbert BRAUSCH, Service Crédits Nathalie KLEIN, Centre Financier Esch-sur-Alzette Fernand HABSCHEID, Centre Financier Niederwiltz Antonella STREGAPEDE, Service Back-Office Crédits Claude BONERT, Service Audit Interne Sandra SCHILTZ, Service Juridique et Contentieux Daniel IRRTHUM, Agence Belvaux Mireille JOHANNS, Agence Schifflange Marco BERNERS, Agence Merl-Belair Marie SCHILTZ-WOHL, Service Electronic Banking and Business André DA SILVA RAMOS, Service Back-Office Crédits Gilles BACH, Agence Bonnevoie Michel GREIS, Service Développements Informatiques Robert HOFFMANN, Service Production Informatique Paul HERMES, Service Coordination Réseau des Agences Laurent CLOOS, Centre Financier Place de Metz Lynn EVEN, Service Gestion du Personnel Michele GRIMALDI, Service Analyse et Suivi Risque Eric PLUMIER, Agence Gare Marie-Anne BELLEVILLE, Service Juridique et Contentieux Christian SCHOTT, Service Analyse et Suivi Risque 131 132 Andrea VIRGILI, Service Analyse et Suivi Risque Pierre WANTZ, Centre Financier Place de Metz Guy ZEIMEN, Service Juridique et Contentieux Monique VERWERFT, Service Financial Markets Jean-Pierre BOUETTE, Service Production Informatique Charles WEISS, Centre Financier Niederwiltz Frank LORENZONI, Agence Centre Jean-Jacques ARRENSDORFF, Service Back-Office Crédits Danielle REUTER, Service Marketing Thierry BONEM, Service Electronic Banking and Business Othello PESCAROLO, Service Production Informatique Marc PHILIPPE, Service Risk Control Aloyse KAPGEN, Agence Strassen Gilles USELDINGER, Service Back-Office Produits Financiers Thomas BIESDORF, Centre Financier Gasperich Claude BRAUN, Agence Niederanven Claudine STEINBACH-SCHMIT, Agence Limpertsberg Sylvia ROSSLER, Service Paiements Benn WURTH, Service Risk Control Robert ALLIAUME, Agence Niederanven Constant GRIZAENKO, Agence Beaufort Tanja FLOHR, Service Marketing Marcel URBE, Centre Financier Ettelbruck Alexandra TURNER, Service Crédits 133 134 Romain GOEDERT, Agence Rumelange Romain MAKIL, Agence Bettembourg Marco SEIL, Service Paiements Romain THEIS, Service Investment Funds Paul KEIFFER, Service Electronic Banking and Business Henriette JEITZ, Centre Financier Bascharage Nadine BEREND, Centre Financier Place de Metz Massimo ZUCCOLI, Service Crédits Anne-Catherine SCHLINK, Centre Financier Place de Metz Patrick DELHEZ, Centre Financier Bascharage Christiane KAYL-ELVINGER, Agence Schifflange Daniel HAAG, Service Crédits Vahid NOURAFZA, Service Risk Control Dzemal TOMIC, Service Investment Funds Thomas BIRCHEM, Centre Financier Bascharage Marc REUTER, Agence Sandweiler Jessica Dinis Igrejas, Centre Financier Place de Metz Jean-Marie MORRONI, Agence Schifflange Nathalie PIERETTI-LANDINI, Agence Belvaux Thierry TOURNAY, Service Développements Informatiques Yvon Streff, Service Financial Markets Marco Keup, Service Organisation Jacqueline SCHAACK, Centre Financier Niederwiltz Marilène MARQUES, Service Risk Control 135 136 Romain WEHLES, Service Crédits Rosaria PENNINO, Service Développements Informatiques Guy FEHR, Centre Financier Esch-sur-Alzette Simone SCHARTZ, Service Marketing Ilido DOS SANTOS, Service Développements Informatiques Daniel MACK, Service Risk Control Michaël HAMMEN, Service Production Informatique Michel MERGEN, Service Production Informatique Jean-Paul GLOD, Service Securities Cyril TANNER, Service Back-Office Crédits Claude FABER, Service Marketing Joël KOCH, Service Production Informatique Eldin KRUSKO, Agence Bonnevoie Aimé MANTZ, Service Immeubles et Support Logistique Igor STOJADINOVIC, Agence Merl-Belair Aloyse SCHUMMER, Centre Financier Place de Metz Sonia PELS, Secrétariat de direction Aloyse ZEIMEN, Agence Pommerlach Laurent PIERRARD, Service Investment Funds Viviane GROSSINET, Agence Niederanven Marcel CORNARO, Service Valeurs Marc SCHMIT, Agence Mamer Christian CESARON, Service Production Informatique Claude BAUM, Service Coordination Réseau des Agences 137 138 Joseph HAMES, Centre Financier Bascharage Jean-Claude WILMES, Service Risk Control Marco NIES, Centre Financier Place de Metz Carina RIBEIRO SILVA, Agence Gare Christian MAIS, Agence Bettembourg Gilles STROTZ, Centre Financier Esch-sur-Alzette Jean HILGER, Service Développements Informatiques Paulo PEREIRA FERRAZ, Agence Wormeldange Yann WEINZOEPFLEN, Service Comptabilité Centrale et Budgetisation Gilbert LEICK, Service Back-Office Produits Financiers Cristina SANTOS RODRIGUES, Agence Banque Européenne d’Investissement Jean-Marie PUTZ, Service Private Banking Frederik PANNRUCKER, Agence Centre Léa DUHR, Agence Centre Eric FACHETTI, Centre Financier Gasperich Marc LANG, Centre Financier Bascharage Patrick FEHLEN, Service Crédits Roland FURPASS, Service Gestion du Personnel François MANGEN, Service Juridique et Contentieux Alain NEGAA, Service Développements Informatiques Fabien THREINEN, Service Comptabilité Centrale et Budgetisation Paul HUSS, Service Immeubles et Support Logistique Charles PLETSCH, Service Coordination Réseau des Agences Michel STAUDT, Service Coordination Réseau des Agences 139 140 Georges SCHROEDER, Agence Merl-Belair Charles SCHWARTZ, Service Production Informatique Nadine LULLING, Service Marketing Roger PHILIPPE, Centre Financier Ettelbruck Sophie Grimaudo, Service Compliance Marc GOERGEN, Agence Gare Claude SANDT, Agence Dudelange Laurent SCHOLTES, Service Coordination Réseau des Agences Carl Axel GOLDSCHMIDT, Service Coordination Réseau des Agenecs Steve PHILIPPE, Centre Financier Place de Metz Camille Theisen, Service Paiements Romain GERSON, Service Administration des Marchés Financiers Alex Peter, Service Securities Angèle Hornung-Schmitz, Service Immeubles et Support Logistique Roberto ScasselLati, Agence Mondercange Josiane Back, Service Coordination Réseau des Agences Manuel Delgado Ferreira, Agence Limpertsberg Pascale Erasmy, Agence Wormeldange Joachim Goldsztajn, Service Administration Marchés Financiers Sylvie Cardoso Da Silva, Service Back-Office Crédits Eric Lemoine, Service Production Informatique Michèle Fohl, Service Secrétariat Général Jean-Paul Schneider, Service Electronic Banking and Business Martine Meyers, Agence Banque Européenne d’Investissement 141 Flavie HENGEN, Service Marketing Photos : blitz agency (photos page 4) Service Marketing (other photos) Layout : Service Marketing Printed by : Imprimerie Saint-Paul, Luxembourg Editor : Banque et Caisse d’Epargne de l’Etat, Luxembourg Etablissement Public Autonome Head Office: 1, Place de Metz L-2954 Luxembourg Phone: (+352) 4015-1, Fax (+352) 4015-2099 BIC: BCEELULL R.C.S. Luxembourg B 30775 www.bcee.lu 142 Renée OBERLINKELS, Service Marketing Danièle Kosel-Muller, Service Marketing Raoul LOUDVIG, Service Marketing Tatiana SCHMITZ, Service Marketing