12 Provisions

(unaudited)
(XLS:) Download

in CHF thousands

 

Provisions for legal and litigation risks

 

Provisions for other business risks and restructuring

 

Total 2018

 

Total 2017

As at 31 December 2017

 

22'967

 

5'161

 

28'128

 

 

ECL allowance (from first application of IFRS 9)

 

0

 

2'775

 

2'775

 

 

As at 1 January

 

22'967

 

7'935

 

30'903

 

51'071

Provisions applied

 

–123

 

–505

 

–628

 

–20'337

Increase in provisions recognised in the income statement

 

 

 

105

 

105

 

3'134

Decrease in provisions recognised in the income statement

 

–108

 

–3'282

 

–3'389

 

–5'740

As at 30 June 2018 / 31 December 2017

 

22'737

 

4'253

 

26'990

 

28'128

The LLB Group is involved in various legal proceedings within the scope of normal banking business. It allocates provisions for ongoing and threatened legal proceedings if, in the opinion of LLB, payments or losses are likely and the amounts can be estimated.

As at 30 June 2018, the LLB Group was involved in various litigation and proceedings, which could have an impact on its financial reporting. The LLB Group endeavours to disclose the claims for damages, the scope of legal proceedings and other relevant information in order for the reader to be able to estimate the possible risk for the LLB Group.

LLB Verwaltung (Switzerland) AG, formerly Liechtensteinische Landesbank (Switzerland) Ltd., is among the category 1 banks that must achieve an individual solution with the US authorities to resolve the US taxation dispute. LLB Verwaltung (Switzerland) AG, formerly Liechtensteinische Landesbank (Switzerland) Ltd., with its registered office in Zurich-Erlenbach, is responsible for the proceedings. LLB (Switzerland) Ltd. ceased its banking operations at the end of 2013 and since October 2014 is no longer subject to supervision by the Swiss Federal Financial Market Authority (FINMA). LLB Verwaltung (Switzerland) AG is cooperating closely with the US authorities and is working with them to achieve a final settlement of the issue, while complying with the prevailing legal regulations. In the opinion of the management, the legal risk of an outflow of resources in connection with the possibility that LLB Verwaltung (Switzerland) AG may not have complied with US law, especially US tax law, was still not unlikely as at 30 June 2018. Based on the calculation criteria applied in the non-prosecution agreement between LLB AG, Vaduz, and the US authorities, as well as the latest information and payments made by other banks, a provision was recorded in the balance sheet by LLB Verwaltung (Switzerland) AG as at 30 June 2018. The management believes the provision set aside is sufficient.

At the start of 2015, LLB Verwaltung (Switzerland) AG, formerly Liechtensteinische Landesbank (Switzerland) Ltd., received two legal claims in connection with an investment project. Several persons, who have no connection with LLB Verwaltung (Switzerland) AG, had endeavoured to persuade an investor to invest a sum in an investment project. The investment project did not exist and the persons acting fraudulently were able to embezzle a part of the investment sum. The claimants have lodged claims against LLB Verwaltung (Switzerland) AG for the payment of damages in respect of a part of the embezzled amount plus interest. LLB Verwaltung (Switzerland) AG denies that the actions of a former employee of LLB Verwaltung (Switzerland) AG led to the loss. At the beginning of October 2017, the High Court of Justice in London ruled at first instance that there had been misconduct on the part of a former employee and that LLB Verwaltung (Switzerland) AG was jointly liable for his misconduct and for the damage caused by him. LLB Verwaltung (Switzerland) AG was not liable for misconduct itself. LLB Verwaltung (Switzerland) AG appealed against this first-instance decision. On account of the first-instance decision and the non-suspensive effect of the appeal, LLB Verwaltung (Switzerland) AG has deposited an amount of CHF 15.1 million with the court for damages, interest charges and third-party lawyer’s fees. In conformance with IFRS, these costs were recognised in 2017 as general and administrative expenses. LLB Verwaltung (Switzerland) AG continues to believe that this damage is covered by the insurance company.

The provisions for restructuring relate to the StepUp2020 strategy of the LLB Group announced in October 2015. For rebuilding and restoration costs associated with this strategy, and expenses for social plans for employees, provisions amounting to CHF 0.9 million were recognised as at 30 June 2018.