NOTE 38: OFF-BALANCE SHEET ITEMS (in HUF mn) [continued]
Guarantees, payment undertakings arising from banking activities
Payment undertaking is a promise by the Bank to assume responsibility for the debt obligation of a borrower if
that borrower defaults until a determined amount and until a determined date, in case of fulfilling conditions,
without checking the underlying transactions. The guarantee’s liability is joint and primary with the principal, in
case of payment undertaking, while the Bank assumes the obligation derived from guarantee independently by
the conditions established by the Bank. A guarantee is most typically required when the ability of the primary
obligor or principal to perform its obligations under a contract is in question, or when there is some public or
private interest which requires protection from the consequences of the principal's default or delinquency. A
contract of guarantee is subject to the statute of frauds (or its equivalent local laws) and is only enforceable if
recorded in writing and signed by the surety and the principal.
If the surety is required to pay or perform due to the principal's failure to do so, the law will usually give the
surety a right of subrogation, allowing the surety to use the surety's contractual rights to recover the cost of
making payment or performing on the principal's behalf, even in the absence of an express agreement to that
effect between the surety and the principal.
Contingent liabilities related to OTP Mortgage Bank Ltd.
Under a syndication agreement with its wholly owned subsidiary, OTP Mortgage Bank Ltd., the Bank had
guaranteed, in return for an annual fee, to purchase all mortgage loans held by OTP Mortgage Bank Ltd. that
become non-performing. The repurchase guarantee contract of non-performing loans between OTP Mortgage
Bank Ltd. and OTP Bank Plc. was modified in 2010. According to the arrangement the repurchase guarantee
was cancelled and OTP Bank Plc. gives bail to the loans originated or purchased by the Bank.
NOTE 39: SHARE-BASED PAYMENT AND EMPLOYEE BENEFIT (in HUF mn)
Previously approved option program required a modification thanks to the introduction of the Bank Group Policy
on Payments accepted in resolution of Annual General Meeting regarding to the amendment of CRD III.
Directives and Act on Credit Institutions and Financial Enterprises.
Key management personnel affected by the Bank Group Policy receive compensation based on performance
assessment generally in the form of cash bonus and equity shares in a ratio of 50-50%. Assignment is based on
OTP shares, furthermore performance based payments are deferred in accordance with the rules of Credit
Institutions Act.
OTP Bank ensures the share-based payment part for the management personnel of OTP Group members.
During implementation of the Remuneration Policy of the Group it became apparent that in case of certain
foreign subsidiaries it is not possible to ensure the originally determined share-based payment because of legal
reasons – incompatible with relevant EU-directives –, therefore a decision was made to cancel the share-based
payment in affected countries, and virtual share based payment – cash payment fixed to share price - was made
from 2017. In case of foreign subsidiaries virtual share based payment was made uniformly from 2021 (in case
of payments related to 2021).
The quantity of usable shares for individuals calculated for settlement of share-based payment shall be
determined as the ratio of the amount of share-based payment and share price determined by Supervisory Board.
The value of the share-based payment at the performance assessment is determined within 10 days by
Supervisory Board based on the average of the three previous trade day’s middle rate of OTP Bank’s equity
shares fixed on the Budapest Stock Exchange.
At the same time the conditions of discounted share-based payment are determined, and share-based payment
shall contain maximum HUF 6,000 discount at the assessment date, and earnings for the shares at the payment
date is maximum HUF 12,000.
Employee benefits are all forms of consideration given by an entity in exchange for service rendered by
employees or for the termination of employment. IAS 19 Employee Benefits shall be applied in accounting for
all employee benefits, except those to which IFRS 2 Share-based Payment applies.
Short-term employee benefits are employee benefits (other than termination benefits) that are expected to be
settled wholly before twelve months after the end of the annual reporting period in which the employees render
the related service. Post-employment benefits are employee benefits (other than termination and short-term
employee benefits) that are payable after the completion of employment. Post-employment benefit plans are
formal or informal arrangements under which an entity provides post-employment benefits for one or more
employees. Post-employment benefit plans are classified as either defined contribution plans or defined benefit
plans, depending on the economic substance of the plan as derived from its principal terms and conditions.