The current state of affairs shows that even the biggest banks with good reputation can fail in realization of their objectives. Thus, the Germany’s biggest bank, Deutsche Bank, has been fined by the court for more than seven hundred thousand US dollars. The reason for this is the failure to give proper advice to middle-size client on the real risk of a complex swap transaction.
The conflict started from the side on Ille company, the client of Deutsche Bank. Ille’s business deal embraced a bet on the difference between two-year and ten-year interest rates. Deutsche Bank’s fixed-rate pays to the company were netted against Ille’s pays to the bank, which were grounded on the interest rate difference, spiced by a coefficient.
The court claimed that Deutsche Bank’s warnings to Ille company were insufficient and could provoke the risk of loss. The court also stated that there was a conflict of interests, as long as Deutsche Bank was both giving advice to the client but actually, betting against it.
The bank should have informed the client how much the deal was worth to Deutsche from the first day. In Ille’s case it was around 4 percent of the contract’s interest rate swap. A solicitor for Deutsche Bank warned earlier this year that disclosing such revenue could provoke a second fiscal crisis. The judges obviously were not persuaded.