Resolution no. 20234 of 20 December 2017

Methods and terms of payment of contributions payable pursuant to art. 40 of law no. 724/1994, for the financial year 2018

LA COMMISSIONE NAZIONALE PER LE SOCIETÀ E LA BORSA
[THE NATIONAL COMMISSION FOR COMPANIES AND THE STOCK EXCHANGE]

HAVING REGARD TO Law no. 216 of June 7 1974 and subsequent amendments and additions; HAVING REGARD TO Law no. 724 of December 23, 1994, and subsequent amendments and additions, which inter alia requires CONSOB to determine on a yearly basis the amount of contributions payable to it by the subjects supervised by it, for the purposes of its own financing;

HAVING REGARD TO CONSOB’s Resolutions no. 20232 and no. 20233 of December 20, 2017, on determination of the subjects obliged to contribute for financial year 2018 and the amount of contributions payable by them for the same financial year respectively, pursuant to the said Art. 40;

CONSIDERING the need to determine the methods and terms for paying the contribution charged for the financial year 2018 pursuant to the aforementioned CONSOB’s Resolutions no. 20232 and no. 20233 of December 20, 2017;

HEREBY RESOLVES:

Article 1
Methods and terms for paying the contribution

1. The subjects referred to in Art. 1, letters a), b), c), d) [excluding EU management companies and the EU - foreign AIFMs], e), f), g) [excluding EU Collective investment undertakings, SICAVs, SICAFs, EU - foreign AIFs], h), i), j) [excluding foreign issuers of financial instruments admitted to trading in Italian regulated markets], k), l), m) [excluding foreign bidders], s), t), v), w) and x) of CONSOB’s Resolution no. 20232 of December 20, 2017, must pay the contribution required from them by April 15, 2018. Payment shall exclusively be made using the pre-compiled ‘M.Av.’ payment slips that in the twenty days before the payment deadline will be sent to the address of the subjects obliged to pay the contribution at issue.

2. Instructions for payment and assistance for possible cases of non reception of the ‘M.Av. payment slip will be available in a special section on CONSOB’s website (www.consob.it).

3. The subjects referred to in Art. 1, letters o), p), q), r) and y) of CONSOB’s Resolution no. 20232 of December 20, 2017, are required to pay their contributions by February 28, 2018.

4. The payment referred to in para. 3 must be made via bank transfer to 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./Agenzia no. 25 – Viale Parioli, 39/b, 00197 Rome - ABI code 05696 - CAB code 03225 - SWIFT (BIC) code POSOIT22 - IBAN: IT 44 Z 05696 03225 000060006X08.

5. On making the payment, the name of the subject liable for the contribution must be specified and recorded, as well as the reason for the payment.

6. The reasons for payment to be used for the purposes of the paragraph 5 above are listed – complete with descriptions - in the table enclosed herewith, which is an integral part of this Resolution.

7. The subjects referred to in Art. 1, letter n) of CONSOB’s Resolution no. 20232 of December 20, 2017, are required to pay their contributions according to the methods established in paragraphs 4 and 6 above, by the following deadlines:

a) February 28, 2018, if the financial statements closing in 2017 was approved no later than the thirtieth day before the day this Resolution was published in the Official Journal of the Italian Republic;

b) the thirtieth day of the approval of the financial statements closed in 2017, in other cases;

c) September 30, 2018, for all other subjects registered in the Register that are not required to draw up financial statements and have been tasked with the statutory auditing of the financial statements of Public Interest Entities.

These subjects must sent CONSOB a copy of evidence of payment or a statement equivalent to certification proving the payment and containing the information required in paragraph 5 above and the essential data of the payment made (current account used, amount, payment order date and value date), together with a table explaining how the contribution was calculated; this within the same payment deadlines set in letters a), b) and c) of paragraph 7 above.

8. The foreign subjects referred to in Art. 1, letters d) [EU management companies, UE AIFMs], g) [EU collective investment undertakings, SICAVs, SICAFs, EU - foreign AIFs], j) [ foreign issuers of financial instruments admitted to trading in Italian regulated markets] and m) [foreign bidders], of CONSOB’s Resolution no. 20232 of December 20, 2017, must pay the contribution required from them by April 15, 2018, via bank transfer to be made following reception of the relevant notice for payment that in the twenty days before the payment deadline will be sent to the address of the subjects obliged to pay the contribution at issue.

9. The notice for payment referred to in paragraph 8 will also include the ‘user ID code’, which is the identifier assigned by CONSOB to the subject liable for contribution, as well as the description of the reason for the payment. This information, together with the name of the subject liable for the payment, must be shown on the bank transfer slip. The bank transfer must be made to the current account indicated in paragraph 4 above.

10. The payment of the ‘supervisory contribution’ payable by the subjects referred to in Art. 1, letter u) of CONSOB’s Resolution no. 20232 of December 20, 2017, must be made via bank transfer to the current account indicated in paragraph 4 above. The order for payment must be enclosed with the application for recognition presented pursuant to Art. 70, para. 1, of Legislative Decree no. 58/1998.

Article 2
Enforced collection and default interest

1. No exceptions shall be made to the methods of payment provided for by this Resolution. Failure to pay the contribution by the deadline established shall lead to the initiation of the enforced collection procedure pursuant to Art. 40 of Law no. 724 of December 23, 1994, and the application of default interest at the legal rate, as well as the increases provided for by current laws and regulations.

Article 3
Final provisions

1. This measure shall be published in the Official Journal of the Italian Republic^[1] as well as in CONSOB's Bulletin.

THE DEPUTY CHAIRMAN
Anna Genovese

TABLE OF CODES AND DESCRIPTIONS OF REASONS FOR PAYMENT

^[1] Published in the Official Gazette of the Republic n. 23 of 29.1.2018.