It must be considered, that in some cases the institutions have no influence on the occupation of
the management body in its supervisory function and its committees. Within public institutions
like Savings Banks representatives of the municipal trustees are by law members of the management
body in its supervisory function. This also leads to the institutions have no influence to the
adequate knowledge, skills, experience and diversity.
The draft says in Article 77 lit. f) political influence of the members of an institutions
management body can create conflict of interests. This leaves out of consideration that within
public institutions like Savings Banks the management body in its supervisory function is
Savings Banks in Germany do not have members; instead they operate under “municipal
trusteeship” (Trägerschaft"). The elected mayor of the town, district etc. is by law member of
the management body in its supervisory function. The municipal trustee (town, city, districts or
special-purpose associations) can - mediated through its representatives in the supervisory board
- safeguard that the Savings Bank fulfills its public mandate for the population of the
Since the representatives (e.g. mayor) have political influence, it is very important to withdraw
point (f.) or at least to add an exception for representatives of municipal trustees ("Träger"),
as these persons are not shareholder representatives."
An assessment procedure by competent authorities before the appointment of the member (Article
159) is not compatible with the principles of public sector banks in Germany. In Savings Banks a
number of members of the management body in its supervisory function are elected by the local
parliament and the head of the municipality’s administration (e.g. the mayor) usually – by act of
law – chairs the management body in its supervisory function. A previous assessment therefore is
not possible in these cases.
In addition, a few months long lasting assessment before the appointment makes the membership
less attractive for potential applicants. An ex –ante assessment with a duration of 4 months
would prevent that members of the management body change or apply for positions in management
bodies of other institutions. That is counterproductive.
We prefer an open handling and ask for clarification, that an assessment after appointment is