Resolution No. 19826 of 21/12/2016

Determination, under the terms of art. 40 of Italian Law no. 724/1994, of the subjects obliged to contribute for financial year 2017

CONSOB [NATIONAL COMMISSION FOR COMPANIES AND THE STOCK EXCHANGE]

IN ACCORDANCE WITH Italian Law no. 216 of 07 June 1974, as amended;

IN ACCORDANCE WITH art. 40 Italian Law no. 724 of 23 December 1994 as amended, in which it is stated, among other things, that CONSOB, for the purposes of financing itself, shall determine in each year the amount of the contributions due to it by the subjects supervised by it;

IN ACCORDANCE WITH its own resolutions no. 19460 and no. 19461 of 16 December 2015 containing the determination, under the terms of the aforementioned art. 40, respectively, of the subjects obliged to contribute for financial year 2016 and of the amount of the contribution for the same financial year;

GIVEN the need to determine, for financial year 2017, the subjects obliged to contribute;

HEREBY RESOLVES:

Article 1
Subjects obliged to contribute

1. The following subjects are obliged to contribute to CONSOB, for financial year 2017, a contribution entitled “supervisory contribution”:

a) securities brokerage firms, trust companies pursuant to art. 60, paragraph 4, first sentence, of Italian Legislative Decree no. 415/1996, authorised, at the date of 02 January 2017, to perform investment services and activities pursuant to art. 1, paragraph 5, letters a), b), c) and c-bis), d), e) and f) of Italian Legislative Decree no. 58/1998;

b) EU investment firms with branches in Italy and non-EU investment firms with or without branches in Italy, authorised, at the date of 02 January 2017, to perform investment services and activities pursuant to art. 1, paragraph 5, letters a), b), c) and c-bis), d), e) and f) of Italian Legislative Decree no. 58/1998;

c) Italian Banks, Italian Post Office Companies – Services Division of BancoPosta pursuant to art. 2, paragraph 1, letter f), of Italian Presidential Decree no. 144 of 14 March 2001, EU Banks with branches in Italy and non-EU Banks with or without branches in Italy, authorised, at the date of 02 January 2017, to perform investment services and activities pursuant to art. 1, paragraph 5, letters a), b), c) and c-bis), d), e) and f) of Italian Legislative Decree no. 58/1998;

d) Asset Management Companies pursuant to art. 1, paragraph 1, letter o), of Italian Legislative Decree no. 58/1998, EU management companies with branches in Italy pursuant to art. 1, letter o-bis), of Italian Legislative Decree no. 58/1998, EU alternative investment fund (EU AIF) managers with branches in Italy, pursuant to art. 1, paragraph 1, letter p), of Italian Legislative Decree no. 58/1998, authorised, at the date of 02 January 2017, to perform investment services and activities pursuant to art. 1, paragraph 5, letters d), e) and f), of Italian Legislative Decree no. 58/1998;

e) financial intermediaries registered on the Special List pursuant to art. 107, paragraph 1, of Italian Legislative Decree no. 385/1993, authorised, at the date of 02 January 2017, under the terms of art. 19, paragraph 4, of Italian Legislative Decree no. 58/1998 to provide the services and activities pursuant to art. 1, paragraph 5, letters a), b), c) and c-bis), of Italian Legislative Decree no. 58/1998;

f) Stockbrokers registered, at the date of 02 January 2017, on the Special List pursuant to art. 201, paragraph 5, of Italian Legislative Decree no. 58/1998;

g) Asset Management Companies registered, at the date of 02 January 2017, in the List pursuant to art. 35, paragraph 1, of Italian Legislative Decree no. 58/1998, variable-capital investment companies and fixed-capital investment companies registered, at the same date of 02 January 2017, in the Lists pursuant to art. 35-ter, paragraph 1, of Italian Legislative Decree no. 58/1998, collective investment schemes subject, again at the same date of 02 January 2017, to the application of arts 42, 43 and 44 of Italian Legislative Decree no. 58/1998;

h) Insurance Companies authorised, at the date of 02 January 2017, to offer life assurance classes III and/or V pursuant to art. 2, paragraph 1, of Italian Legislative Decree no. 209/2005;

i) Financial advisers registered, at the date of 02 January 2017, on the List pursuant to art. 31, paragraph 4, of Italian Legislative Decree no. 58/1998;

j) the Subjects – other than the Italian State, local authorities, foreign States and International Organisations of a public nature – indicated below:

j1) Italian and foreign issuers (EU and non-EU) which, at the date of 02 January 2017, have financial instruments admitted to trading on Italian regulated markets;

j2) issuers which, at the date of 02 January 2017, have financial instruments admitted to trading on EU regulated markets (other than Italian ones) and for which the home Member State is Italy;

k) issuers which have requested or have had authorised trading in multilateral facilities managed by Banks, investment firms or Managers of Italian regulated markets, supervised under the terms of regulation (EU) no. 596/2014;

l) issuers of widely-distributed financial instruments pursuant to art. 116 of Italian Legislative Decree no. 58/1998 which at the date of 02 January 2017 are in possession of the requisites for registration on the specific List, pursuant to art. 108, paragraph 5, of CONSOB regulation no. 11971/1999;

m) Subjects, other than those pursuant to letters g) and h) above, which:

m1) intending to carry out a public offering for subscription and sale and/or an admission to listing of financial instruments or a public offering for purchase or exchange after communication in advance pursuant to art. 94, paragraph 1, pursuant to art. 102, paragraph 1, or pursuant to art. 113, paragraph 1, of Italian Legislative Decree no. 58/1998, the related administrative proceeding concerning the prospectus – single or tripartite – or the base prospectus or the bid document is extinguished, in the period between 02 January 2016 and 01 January 2017, before obtaining the related approval measure;

m2) intending to carry out a public offering for subscription and sale or a public offering for purchase or exchange, after communication in advance pursuant to art. 94, paragraph 1, or pursuant to art. 102, paragraph 1, of Italian Legislative Decree no. 58/1998, have obtained approval of the prospectus – single or tripartite – or the base prospectus or the bid document, but have not completed, in the period between 02 January 2016 and 01 January 2017, the related offering;

m3) having completed a public offering for subscription and sale or a public offering for purchase or exchange, in the period between 02 January 2016 and 01 January 2017, are subject at the date of 02 January 2017 to application of the provisions pursuant to art. 97 or pursuant to art. 103, paragraph 2, of Italian Legislative Decree no. 58/1998;

m4) have obtained approval of the prospectus for admission to listing of financial instruments under the terms of art. 113, paragraph 1, of Italian Legislative Decree no. 58/1998, in the period between 02 January 2016 and 01 January 2017;

m5) having obtained admission to listing of financial instruments following business combinations (mergers or demergers) for which a judgement of equivalence to the prospectus of a document already available has been issued under the terms of art. 57, paragraph 1, lett. d), of CONSOB regulation no. 11971/1999 (implementing Community Directive n. 2003/71/EC) in the period between 02 January 2016 and 01 January 2017, are subject at the date of 02 January 2017 to application of the provisions pursuant to arts 114, paragraph 5 and 115 of Italian Legislative Decree no. 58/1998;

n) Subjects entered at the date of 02 January 2017, in the register pursuant to Italian Legislative Decree no. 39/2010, which at the same date performed appointments as independent auditors on the financial statements of Public Interest Entities conferred according to the legislation previously in force;

o) Borsa Italiana S.p.A.;

p) MTS S.p.A.;

q) Monte Titoli S.p.A.;

r) Cassa di Compensazione e Garanzia S.p.A.;

s) stock brokerage companies, banks and management companies of regulated markets authorised, at the date of 02 January 2017, to perform the activity of managing multilateral trading facilities pursuant to art. 1, paragraph 5, lett. g), Italian Legislative Decree no. 58/1998;

t) systematic internalisers registered on the specific List pursuant to art. 22, paragraph 1, of CONSOB regulation no. 16191/2007, valid as of 02 January 2017;

u) Managers of foreign (non-EU) regulated markets requesting recognition in Italy under the terms of art. 67, paragraph 2, of Italian Legislative Decree no. 58/1998;

v) Managers of portals for collecting risk capital registered, as of 02 January 2017, in the ordinary section and in the special section of the register, pursuant to art. 50-quinquies, paragraph 2, of Italian Legislative Decree no. 58/1998;

w) Managers of regulated information distribution services (RIDSs) and managers of regulated information storage mechanisms authorised under the terms of art. 113- ter, paragraph 4, of Italian Legislative Decree no. 58/1998, included as of 02 January 2017, in the specific Lists pursuant to art. 116-septies, paragraph 3 and art. 116-undecies, paragraph 3 of CONSOB regulation no. 11971/1999;

x) the Board of Financial Advisers pursuant to art. 31, paragraph 4, of Italian Legislative Decree no. 58/1998.

Article 2
Final provisions

1. The present measure will be published, as well as in CONSOB’s Newsletter, in the Official Journal of the Republic.

THE CHAIRPERSON
Giuseppe Vegas