Resolution No. 19828 of 21/12/2016

Methods and terms of payment of the contribution payable, under the terms of art. 40 of Italian Law no. 724/1994, 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 of 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. 19826 and no. 19827 of 21 December 2016 containing the determination, under the terms of the aforementioned art. 40, respectively, of the subjects obliged to contribute for financial year 2017 and of the amount of the contribution payable for the same financial year;

GIVEN the need to establish, for financial year 2017, the methods and terms of payment of the contribution payable under the terms of the aforesaid resolutions no. 19826 and no. 19827 of 21 December 2016;

HEREBY RESOLVES:

Article 1
Methods and terms of payment of the contribution

1. Payment of the contribution payable by the subjects pursuant to art. 1, letters a), b), c), d) [excluding EU management companies and EU - foreign AIFMs ] e), f), g) [excluding EU UCITS, SICAVs, SICAFs, EU - foreign AIFs], h), i), j)[excluding foreign issuers of financial instruments admitted to trading on Italian regulated markets], k), l), m)[excluding foreign offerers], s), t), v), w) of resolution no. 19826 of 21 December 2016 must be made by 15 April 2017. For the purposes of the payment only the specific pre-compiled slip (M.Av.) must be used. This will be sent to the address of the subjects obliged to contribute in the twenty days before the deadline.

2. The payment instructions and the assistance services for cases of failure to receive the pre-compiled slip (M.Av.) will be published in a specific section on CONSOB’s institutional website (www.consob.it).

3. Payment of the contribution payable by the subjects pursuant to art. 1, letters o), p), q), r) and x) of resolution no. 19826 of 21 December 2016 must be made by 28 February 2017.

4. The payment pursuant to paragraph 3 must be made by bank transfer to the current account no. 60006X08 in the name of “CONSOB - Via G. B. Martini 3, 00198, Rome”, at Banca Popolare di Sondrio S.c.p.A./Branch no. 25 – Viale Parioli, 39/b, 00197 Rome - ABI Code 05696 – CAB 03225 - Swift (BIC) Code POSOIT22 - IBAN: IT 44 Z 05696 03225 000060006X08.

5. At the moment of payment the name of the subject obliged to pay and the description of the reason for the payment must be indicated.

6. The description of the reasons for payment to be used for the purposes of what is laid down in the previous paragraph, is provided in the table annexed to the present resolution of which it constitutes an integral part.

7. Payment of the contribution payable by the subjects pursuant to art. 1, lett. n), of resolution no. 19826 of 21 December 2016 must be made, with the methods established in paragraphs from 4 to 6 above, by:

a) 28 February 2017, if the financial statements closed in 2016 have been approved no later than the thirtieth day prior to the date of publication of the present resolution in the Official Journal of the Republic;

b) the thirtieth day from the date of approval of the financial statements closed in 2016, in the other cases;

c) 30 September 2017, for all other subjects entered in the register, not obliged to prepare financial statements, appointed to independently audit the financial statements of Public Interest Entities.

Within the deadline for payment pursuant to letters a), b) and c) of paragraph 7, a copy of the documentation proving payment of the same, or declaration in lieu of certification proving payment containing the elements indicated in paragraph 5 and the details of the payment made (current account used, amount, order date and value date), accompanied by a specific table explaining the calculation of the contribution, shall be sent to CONSOB.

8. Payment of the contribution payable by foreign subjects pursuant to art. 1, letters d), [EU management companies, EU AIFMs], g) [EU UCITS, SICAVs, SICAFs, EU AIFs], j) [foreign issuers of financial instruments admitted to trading on Italian regulated markets], and m) [foreign offerers], of resolution no. 19826 of 21 December 2016 must be made, by 15 April 2017, by bank transfer to be ordered following a specific notice of payment which will be sent in the twenty days before the deadline to the address of the subjects obliged to contribute.

9. The payment notice pursuant to paragraph 8 will contain, among other things, the “user code” with which the subject is identified by CONSOB and the description of the reason for the payment. These elements, together with the name of the subject, must be written on the bank transfer form. The bank transfer must be made to the current account indicated in paragraph 4 above.

10. Payment of the supervisory contribution payable by the subjects pursuant to art. 1, lett. u), of resolution no. 19826 of 21 December 2016 must be made by bank transfer to the current account indicated in paragraph 4 above. The payment order must be annexed to the application for recognition presented under the terms of art. 67, paragraph 2, of Italian Legislative Decree no. 58/1998.

Article 2
Forced collection and default interest

1. The payment methods indicated in the present resolution are mandatory. Failure to pay the contribution by the deadline set will entail the launch of the forced collection procedure under the terms of art. 40 of Italian Law no. 724 of 23 December 1994 and the application of default interest at the legal rate, as well as the higher amounts provided for in the current legislation.

Article 3
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

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