Since the German outsourcing guidelines of the BaFin do not allow for the outsourcing of important and decision-
making sections of the credit institution, the issuer is required to have its own employees. In addition, the
PfandBG requires Pfandbrief banks to manage their own risk and take their own credit decisions on their own.
The issuer holds the cover assets on his balance sheet. A subsequent transfer of the cover assets to another
legal entity does not take place. Given that a direct legal link between single cover assets and Pfandbriefe does
not exist, all obligations relating to Pfandbriefe are obligations of the issuing bank as a whole, to be paid from
all the cover assets of the issuer, recorded in the cover register. In the case of insolvency, the cover pool is
segregated by law from the general insolvency estate and is reserved for the claims of the Pfandbrief holders.
Even then, Pfandbrief holders still have a claim against the general insolvency estate.