Definition of loan for the purposes of sections 15 to 18

(1) Loans within the meaning of sections 15 to 18 are 1. money loans of all kinds, monetary claims acquired for consideration, acceptance credits, and claims under registered debt securities, other than registered Pfandbriefe and municipal debt securities; 2. the discounting of bills of exchange and cheques; 3. monetary claims arising from other trading transactions of an institution, excluding the claims arising from trading transactions of credit cooperatives, provided these are not deferred beyond the period customary in trade; 4. sureties, guarantees, and other warranties of an institution, and an institution's liability arising from providing security for third-party liabilities; 5. the obligation to answer for the fulfilment of monetary claims transferred for consideration, or to reacquire them at the transferee's request; 6. an institution's ownership of shares or membership interests in another undertaking that reaches at least a quarter of the capital (nominal capital, sum of capital contributions) of the undertaking in which the holding is held, regardless of the duration of the ownership; 7. items in respect of which an institution, as lessor, has concluded leasing agreements, less, up to the carrying amount of the leased asset belonging to it, such items as are formed on account of the fulfilment or disposal of claims under these leasing agreements. Security existing in the institution's favour, and credit balances of the borrower with the institution, are disregarded.
(2) The following are not deemed loans within the meaning of sections 15 to 18: 1. loans to the Federal Government, a legally dependent special fund of the Federal Government or a Land, a Land, a municipality, or an association of municipalities; 2. unsecured claims on other institutions arising from balances held with them serving solely as investments, that fall due within three months at the latest; claims of registered cooperatives on their central banks, of savings banks on their giro central institutions, and of central banks and giro central institutions on their central credit institutions may be made due later; 3. bills of exchange purchased from other institutions that have been accepted, endorsed, or drawn as own bills by an institution, have a term of no more than three months, and are customarily traded on the money market; 4. loans written off.
(3) Section 15(1), first sentence, points 6 to 11, and section 18 do not apply to 1. loans, insofar as they meet the requirements of section 14 and section 16(1) and (2) of the Pfandbrief Act (mortgage loans); 2. loans with terms of no more than 15 years secured by the granting of ship mortgages, insofar as they meet the requirements of section 22(1), (2), first sentence, and (5), third sentence, section 23(1) and (4), and section 24(2) in conjunction with (3), of the Pfandbrief Act; 3. loans to a domestic legal person governed by public law not named in subsection (2), point 1, the European Union, the European Atomic Energy Community, or the European Investment Bank; 4. loans, insofar as they are guaranteed or otherwise secured by the Federal Government, a special fund of the Federal Government, a Land, a municipality, or an association of municipalities (publicly guaranteed loans).
(4) The following are not deemed loans within the meaning of section 18: 1. loans arising from the acquisition, for consideration, of a claim from non-banking trading transactions, where a) claims from non-banking trading transactions against the respective debtor are acquired on an ongoing basis, b) the transferor of the claim is not required to answer for its fulfilment, and c) the claim falls due within three months, calculated from the date of purchase; 2. loans, insofar as they are covered by security in the form of a) cash deposits with the lending institution or with a third-party institution that is a parent or subsidiary undertaking of the lending institution, or cash funds that the institution receives in the course of issuing a credit-linked note, or b) certificates of deposit or similar instruments issued by the lending institution or a third-party institution that is a parent or subsidiary undertaking of the lending institution and deposited with them, and the detailed requirements of Articles 192 to 241 of Regulation (EU) No 575/2013 on credit risk mitigation are met.