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Resolution no. 20767 of December 28, 2018[1]

Determination pursuant to art. 40 of law no. 724/1994 of subjects obliged to contribute for the financial year 2019

THE NATIONAL COMPANIES AND EXCHANGE COMMISSION

Having regard to Law no. 216 of June 7, 1974, and subsequent amendments and additions;

Having regard to Art. 40 of 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 supervised subjects, for the purpose of its own financing, and that, in determining the said contributions, it should adopt parameterisation criteria that take account of the costs deriving from all the activities performed in relation to each category of subjects;

Having regard to CONSOB’s Resolutions no. 20232, no. 20233 and no. 20234 of December 20, 2017, on the determination of the subjects obliged to contribute for the financial year 2018 and the amount of contributions for the same financial year respectively, pursuant to the said Art. 40;

Considering the need to identify the subjects obliged to contribute for the financial year 2019;

Considering the need to determine the amount of the contribution payable for the financial year 2019 by the subjects identified by CONSOB;

Considering the need to determine the terms and methods for paying the contribution charged on the identified subjects;

HEREBY RESOLVES:

Article 1
Subjects obliged to contribute and amount of the contribution

The subjects listed in the table contained under art. no. 3 are obliged to pay CONSOB a contribution called “supervisory contribution” for the financial year 2019, for the amount thereby listed.

Article 2
Terms for paying the contribution

The payment of the contribution must be performed within the terms specified by the table under art. no. 3.

Article 3
Determination of the amount of contribution

1. The amount of contribution due by each category of supervised subjects is shown in the following table:

Regulatory references Subjects obliged to contribute Amount of contribution Terms and methods of payment
Art. 3, lett. a) ITALIAN INVESTMENT FIRMS (SIMs)

Investment Firms (SIMs), and trust companies referred to in Art. 199, para. 2 of Legislative Decree no. 58/1998, authorised, as of January 2, 2019, to provide investment services and activities pursuant to Art. 1, para. 5, letters a), b), c), c-bis), d), e) and f) of Legislative Decree no. 58/1998;

The base contribution payable is calculated as € 4,035.00, and must be increased by 0.47% of the revenues from investment services. The data relative to revenues from investment services as of December 31, 2017, referring to the financial statements for the year ended in 2018, will be taken from the supervisory reports filed in pursuance of Bank of Italy’s Circular no. 148 of July 2, 1991. In particular, relevant sub-items of item master 43962 shall be taken into account.

The maximum amount of contribution is correlated with the volume of revenues from investment services, according to the following brackets:

- for revenues up to € 50,000,000: € 116,520.00;

- for revenues up to € 100,000,000: € 136,950.00;

- for revenues over € 100,000,000: € 155,350.00.

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art. 3, lett. b) INVESTMENT COMPANIES

EU investment companies with branches in Italy and non-EU investment companies with or without branches in Italy, authorised, as of January 2, 2019, to provide investment services and activities pursuant to Art. 1, para. 5, letters a), b), c), c-bis), d), e) and f) of Legislative Decree no. 58/1998;

The contribution payable is calculated in reference to the number of investment services/activities authorised as of January 2, 2019 [except the management of Multilateral Trading Facilities and the management of Organised Trading Facilities referred to in Art. 1, para. 5, letter g) and g-bis) of Legislative Decree no. 58/1998], as follows:

a) one investment service/activity: € 4,035.00;

b) two investment services/activities: € 14,735.00;

c) three investment services/activities: € 26,700.00;

d) four investment services/activities: € 36,110.00;

e) five investment services/activities: € 45,515.00;

f) six investment services/activities: € 59,640.00

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art. 3, lett. c) BANKS

Italian banks, Poste Italiane company - BancoPosta Services Division pursuant to Art. 2, para. 1, letter f), of Italian Presidential Decree no. 144 of March 14, 2001, EU banks with branches in Italy and non-EU banks with or without branches in Italy, authorised, as of January 2, 2019, to provide investment services and activities pursuant to Art. 1, para. 5, letters a), b), c), c-bis), d), e) and f) of Legislative Decree no. 58/1998;

The contribution payable, is calculated as € 4,035.00, and must be increased by 3.27% of the revenues from investment services. Data on revenues from investment services as of December 31, 2017, referring to the financial statements for the year ended in 2018, will be taken from the supervisory reports filed in pursuance of Bank of Italy’s Circular no. 272 of July 30, 2008. In particular, the relevant sub-items of item master 40924 shall be taken into account.

The maximum amount of contribution is correlated with the volume of revenues from investment services, according to the following brackets:

- for revenues up to 10,000,000: € 116,520.00;

- for revenues up to € 20,000,000: € 136,950.00;

- for revenues up to € 50,000,000: € 155,350.00;

- for revenues up to € 100,000,000: € 174,780.00;

- for revenues up to € 500,000,000: € 194,200.00;

- for revenues over € 500,000.00: € 213,620.00.

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art. 3, lett. d) ASSET MANAGEMENT COMPANIES

As listed below:

The contribution payable is calculated as follows:  
Art. 3, lett. d), subpar.d1) ITALIAN ASSET MANAGEMENT COMPANIES

Italian asset management companies pursuant to Art. 1, para. 1, letter o) of Italian Legislative Decree no. 58/1998, authorised, as of January 2, 2019, to provide investment services and activities, pursuant to Art. 1, para. 5, letters d), e) and f), of Italian Legislative Decree no. 58/1998;

The contribution payable, is calculated as € 4,035.00, and must be increased by 0.47% of the revenues from investment services. Data on revenues from investment services as of December 31, 2017, referring to the financial statements for the year ended in 2018, will be taken from the supervisory reports filed according to the Bank of Italy’s Circular no. 189 of October 21, 1993. In particular, the relevant sub-items of item master 50984 and 50988 shall be taken into account.

The maximum amount of contribution is correlated with the volume of revenues from investment services, according to the following brackets:

- for revenues up to € 50,000,000 : € 116,520.00;

- for revenues up to € 100,000,000: € 136,950.00;

- for revenues up to € 100,000,000: € 155,350.00.

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art. 3, lett. d) subpar.d2) EU ASSET MANAGEMENT COMPANIES AND EU ALTERNATIVE FUND MANAGERS WITH BRANCHES IN ITALY

EU asset management companies with branches in Italy pursuant to Art. 1, letter o-bis) of Italian Legislative Decree no. 58/1998, EU alternative investment fund managers (EU AIF) with branches in Italy, pursuant to Art. 1, para. 1, letter p) of Italian Legislative Decree no. 58/1998, authorised, as of January 2, 2019, to provide investment services and activities pursuant to Art. 1, para. 5, letters d), e) and f), of Italian Legislative Decree no. 58/1998;

The contribution payable is calculated in reference to the number of investment services/activities authorised as of January 2, 2019 [except the management of Multilateral Trading Facilities and the management of Organised Trading Facilities referred to in Art. 1, para. 5, letter g) and g-bis) of Legislative Decree no. 58/1998], as follows:

a) one investment service/activity: € 4,035.00;

b) two investment services/activities: € 14,735.00;

c) three investment services/activities: € 26,700.00;

d) four investment services/activities: € 36,110.00;

e) five investment services/activities: € 45,515.00;

f) six investment services/activities: € 59,640.00.

Payment before April 15, 2019, through bank transfer (see art. 4, para. 3,4,5,6,7).
Art. 3, lett. e) Financial intermediaries entered in the Register specified in Art. 106, para. 1 of Italian Legislative Decree no. 385/1993, authorised, as of January 2, 2019, under Art. 19, para. 4 of Italian Legislative Decree no. 58/1998, to provide the services and activities referred to in Art. 1, para. 5, letters a), b), c) and c-bis) of Italian Legislative Decree no. 58/1998; The contribution payable is calculated in reference to the number of investment services/activities authorised as of January 2, 2019 [except the management of Multilateral Trading Facilities and the management of Organised Trading Facilities referred to in Art. 1, para. 5, letter g) and g-bi)s of Legislative Decree no. 58/1998], as follows:

a) one investment service/activity: € 4,035.00;

b) two investment services/activities: € 14,735.00;

c) three investment services/activities: € 26,700.00;

d) four investment services/activities: € 36,110.00;

e) five investment services/activities: € 45,515.00;

f) six investment services/activities: € 59,640.00.

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art. 3, lett. f) STOCKBROKERS

Stockbrokers entered, as of January 2, 2019, in the special Register provided for by Art. 201, para. 5 of Italian Legislative Decree no. 58/1998;

The amount payable is equal to € 97.00 per capita. Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art. 3, lett. g) COLLECTIVE INVESTMENTS UNDERTAKINGS

Asset management companies entered, as of January 2, 2019, in the Register provided for by Art. 35, para. 1 of Italian Legislative Decree no. 58/1998, SICAVs and SICAFs entered, as of January 2, 2019, in the Registers provided for by Art. 35-ter, para. 1 of Italian Legislative Decree no. 58/1998, and collective investment undertakings subject, at the same date of January 2, 2019, to the application of Articles 42, 43 and 44 of Italian Legislative Decree no. 58/1998;

The contribution payable is calculated as follows:

- Fixed fee of € 3,895.00 for subjects authorised to perform collective management, to be increased as follows:

a) for subjects offering to the public their units or shares following the filing of an informative prospectus, the fixed fee shall be increased by € 1,945.00 for each fund or for each sub-funds (if any) for which the public offering is in progress as of January 2, 2019 (for retail funds).

Two funds/sub-fund are excluded from the calculation of the said increase, which also excludes any listed funds/sub-funds and/or those with one or more classes listed;

b) for the subjects for which an offering was closed in previous years and there are subscribers resident in Italy as of January 2, 2019 the said fixed fee shall be increased by € 1,375.00 for each fund or for each sub-fund (if any);

c) for subjects that, following completion in the previous year of a marketing procedure under Artt. 42, 43 e 44 of Italian Legislative Decree no. 58/1998, market AIFs units or shares, the said fixed fee shall be increased by € 1,775.00 for each fund or, if any, for each sub-fund managed;

d) for the managers entered, as of January 2, 2019, in the section of the Register referred to in Articles 35 and 35-ter, as well as in the attached list referred to in Articles 41-bis and 41-ter of Legislative Decree no. 58/1998 (UCITS and AIFs), that market their own or third party's units and/or shares in collective investment undertakings to retail investors, applying tariffs correlated to the volume marketed in Italy exceeding € 100,000.00 as follows:

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)

For EU CIU, SICAVs, SICAFs, EU and Extra-EU AIF through bank transfer (see art. 4, para. 3,4,5,6,7).

    - for volumes up to 1,000,000: € 4,000.00;

- for volumes up to 10,000,000: € 12,000.00;

- for volumes up to 100,000,000: € 20,000.00;

- for volumes up to 1,000,000,000: € 28,000.00;

- for volumes up to 3,000,000,000: € 36,000.00;

- for volumes over 3,000,000,000. € 42.000.00.

 
Art. 3, lett. h) SUPERVISORY BODY OF FINANCIAL ADVISORS

The Supervisory Body of Financial Advisors, provided for by art. 31, para. 4 of Italian Legislative Decree no. 58/1998;

The amount payable is equal to € 973,965.00. Payment before May 31, 2019, through bank transfer (see art. 4, para. 3,4,5)
Art. 3, lett. i), PRIIPs MANUFACTURERS

PRIIPs manufacturers, provided for by art. 4-decies of Italian Legislative Decree no. 58/1998, who have notified CONSOB the key information document (KID) in compliance with EU Regulation no. 1286/2014, in the time lapse between January 2, 2018 and January 1, 2019.

The contribution payable is equal to € 310.00 for each notified document containing the key information (KID). Any subsequent modifications are excluded from such contribution.

The maximum amount payable by each single manufacturer is equal to € 50,000.00

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art. 3, lett. j) Issuers, other than the Italian State, local public authorities, Foreign States and public International Organizatons, as listed below: The contribution payable is calculated as follows:  
Art. 3, lett. j), subpar. j1) ITALIAN ISSUERS

Italian issuers that, as of January 2, 2019, had financial instruments admitted to trading on Italian regulated markets;

The contribution payable is calculated based on the number and monetary equivalent of the single financial instruments listed or admitted to trading as of January 2, 2019, as prescribed in para. 3/1.

The maximum amount payable for each issuer is equal to € 646,140.00.

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art. 3, lett. j), subpar.j2) FOREIGN ISSUERS

Foreign (EU and extra-EU) issuers that, as of January 2, 2019, had financial instruments admitted to trading on Italian regulated markets;

The contribution payable is calculated based on the number and monetary equivalent of the single financial instruments listed or admitted to trading as of January 2, 2019, as prescribed in para. 3/2.

The maximum amount payable for each issuer is equal to € 646,140.00.

Payment before April 15, 2019, through bank transfer (see art. 4, para. 3,4,5,6,7)
Art. 3, lett. j), subpar.j3) ISSUERS HAVING ITALY AS THEIR HOME MEMBER STATE

Issuers that, as of January 2, 2019, had financial instruments admitted to trading on EU regulated markets (other than Italian markets) with Italy as their home member State;

The contribution payable is calculated based on the number and monetary equivalent of the single financial instruments listed or admitted to trading as of January 2, 2019, as prescribed in para. 3/1.

The maximum amount payable for each issuer is equal to € 646,140.00.

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art. 3. lett. k) ISSUERS OF FINANCIAL INSTRUMENTS NEGOTIATED ON MULTILATERAL TRADING FACILITIES

Italian and Foreign Issuers (EU and ExtraEU) that, as of January 2, 2019, have applied for or have authorised trading on Multilateral Trading Facilities managed by Italian banks, investment firms (‘SIMs’) or operators of Italian regulated markets subject to supervision pursuant to Regulation (EU) no. 596/2014;

The contribution payable is calculated with reference to the financial instruments admitted to trading as of January 2, 2019, as follows:
  • or equity shares and equity securities, the contribution consists in a fixed fee of € 3,385.00 for each instrument traded;
  • for instruments other than shares and equity securities, contribution consists in a fixed fee of € 435.00 for each instrument traded.

A maximum of € 135,000.00 is set for contribution from each individual Issuer.

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2) for Italian Issuers.

For Foreign Issuers, payment before April 15, 2019 through bank transfer (see art. 4, para. 3,4,5,6,7).

Art. 3, lett. l) WIDELY DISTRIBUTED FINANCIAL INSTRUMENTS ISSUERS

Issuers of widely distributed financial instruments, as referred to in art. 116 of Italian Legislative Decree no. 58/1998 that, as of January 2, 2019, meet the requirements for registration in the specific register provided for by Art. 108, para. 5 of CONSOB’s Regulation no. 11971/1999;

The contribution payable equals to € 15,430.00 per capita. Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art.3, lett. m) OFFERORS

Subjects other than those specified under preceding letter g), as follows:

The contribution payable is calculated as follows:  
Art.3, lett. m) subpar.m1) OFFERORS WHOSE APPLICATIONS HAVE EXPIRED

Subjects that, following the communication prescribed under artircles 94, para. 1, or 102, para. 1, or 113, para. 1 of Legislative Decree no. 58/1998, have had the administrative procedure concerning the prospectus – drawn up as a single document or as separate documents – or base prospectus or bid document, expired between January 2, 2018, and January 1, 2019, before approval of the prospectus;

The contribution equals to a fixed amount of € 9,265.00 for each prospectus – drawn up as a single document or as separate documents – or base prospectus or bid document, for which, in the period between January 2, 2018 and January 1, 2019, the administrative procedure has expired before approval.

Application instances for which a new administrative procedure has started within three months after the expiry data are exempted from payment.

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2) for Italian offerors.

For Foreign offerors, payment before April 15, 2019 through bank transfer (see art. 4, para. 3,4,5,6,7).

Art.3, lett. m) subpar.m2) OFFERORS WHOSE OFFERS/SALES HAVE NOT BEEN COMPLETED

Subjects that, once sent the notice required in Art. 94, para. 1, or Art. 102, para. 1 of Legislative Decree no. 58/1998, have been granted approval of their prospectus –single document or separate documents – or base prospectus or bid document, but did not make the relative offer and/or sale in the period between January 2, 2018, and January 1, 2019;

The contribution equals to a fixed amount of € 18,530.00 for each prospectus – drawn up as a single document or as separate documents – or base prospectus or bid document, for which, in the period between January 2, 2018 and January 1, 2019, the subject promoting the offering and/or sale has not completed it. Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2) for Italian offerors.

For Foreign offerors, payment before April 15, 2019 through bank transfer (see art. 4, para. 3,4,5,6,7).

Art.3, lett. m) subpar.m3) OFFERORS WHOSE OFFERS/SALES HAVE BEEN COMPLETED

Offerors that, once completed a offering of underwrtiting and/or sale or a takeover bid or an exchange tender offering in the period between January 2, 2018, and January 1, 2019, are subjected to the application of the provisions of Articles 97 or Art. 103, para. 2 of Legislative Decree no. 58/1998;

The contribution payable is calculated as follows:

a) for public offerings of underwriting and/or sale concerning financial products that entail spot settlement determined by the value of one or more underlying financial assets such as covered warrants or certificates, a fixed fee equal to € 21,880.00 is required for each prospectus – drawn up as a single document or as separate documents – or base prospectus approved, increased by € 1,890.00 for each public offering completed for each separately identified product (offer of a single tranche, i.e. a single series of separately identified securities, with the said series distinguished by a different pre-established theoretical value) issued following the approval of the related prospectus or of the final terms with reference to an approved base prospectus;

b) for public offerings concerning purchase or subscription warrants, a fixed fee equal to € 21,880.00 is required for each individual offering; if the monetary equivalent of the offering is more than € 500,000.00 the said fixed fee is increased by 4.469 % of the portion of the offering’s equivalent value exceeding this amount of € 500,000.00.

The maximum contribution for each individual offering is € 6,000,000.00;

c) for public offerings concerning non-equity securities issued in a continuous or repeated manner by a credit institution, pursuant to Art. 34-ter, para. 4 of CONSOB’s Regulation no. 11971/1999, a fixed fee equal to € 3,440.00 is required for each completed offer;

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2) for Italian offerors.

For Foreign offerors, payment before April 15, 2019 through bank transfer (see art. 4, para. 3,4,5,6,7).

    d1) for public offerings of underwriting and/or sale of financial products and equity securities listing offerings, a fixed fee equal to € 21,880.00 is required for each offer completed. If the monetary equivalent of the offering is higher than € 13,000,000.00 the said fixed fee shall be increased by 0.164% of the portion of the offering’s counter-value exceeding this amount of € 13,000,000.00 as regards the portion offered to the public of retail investors, and shall be increased by 0.106% of the exceeding monetary value as regards the portion placed with institutional investors. The maximum contribution for each offer is € 6,000,000.00; each offer’s monetary equivalent value is calculated as follows in the subsequent para. 2;

d2) for takeover bid or an exchange tender offering, a fixed fee equal to € 21,880.00 is required for each offer completed. If the monetary equivalent of such offerings results higher than € 13,000,000.00, the contribution shall be increased by 0.164% of the value exceeding the threshold. The maximum contribution for each offer is € 6,000,000.00; each offer’s monetary equivalent value is calculated as follows in the subsequent para. 2.

 
Art.3, lett. m) subpar.m4) SUBJECTS THAT HAVE OBTAINED THE APPROVAL OF THEIR PROSPECTUS FOR THE ADMISSION TO TRADING OF FINANCIAL INSTRUMENTS

Subjects that have obtained the approval of their prospectus for the admission to trading of financial instruments in the period between January 2, 2018 and January 1, 2019, pursuant to Art. 113, para. 1 of Legislative Decree no. 58/1998;

The contribution paybale for operations concerning the trading of EU financial instruments on a regulated market, preceded by the publication of a prospectus (or base prospectus) for the admission to trading, is equal to a fixed fee of € 21,880.00, for each admission not related to a previous or concurrent public offer, for each single listing prospectus or for each single listing final terms. Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2) for Italian offerors.

For Foreign offerors, payment before April 15, 2019 through bank transfer (see art. 4, para. 3,4,5,6,7).

Art.3, lett. m) subpar.m5) SUBJECTS THAT HAVE OBTAINED AN EQUIVALENCE STATEMENT

Subjects that, having obtained the admission to trading of financial instruments following corporate integration operations (mergers or demergers), for which in the period between January 2, 2018, and January 1, 2019, CONSOB has issued an opinion stating that the information contained in an already available document could be regarded as equivalent to that of the prospectus pursuant to Art. 57, para. 1, letter d) of CONSOB’s Regulation no. 11971/1999 (implementing Directive 2003/71/EC), and are therefore subject to the application of the provisions of Art. 114, para. 5, and Art. 115 of Legislative Decree no. 58/1998;

The contribution payable for the admission to trading of financial instruments deriving from corporate integration operations (mergers or demergers), preceded by the release of an equivalence statement, is equal, for each operation, to a fixed fee of € 14,375.00. Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2) for Italian offerors.

For Foreign offerors, payment before April 15, 2019 through bank transfer (see art. 4, para. 3,4,5,6,7).

Art. 3, lett. n)  AUDITING FIRMS AND AUDITORS

Subjects entered, as of January 2, 2019, in the register provided for by Legislative Decree 39/2010, that, on the same date:

- resulted to be in charge of performing the statutory audit of financial statements belonging to Public Interest Entities and Financial Institutions (the so called “Enti Sottoposti a Regime Intermedio, as stated under art. 19-bis of Legislative Decree 39/2010);

- have expressed, thorugh a statement, a positive opinion on the compliance of non-financial information provided by the audited managers;

The contribution payable is determined as follows:

a) 9.5% of revenues from fees for statutory auditing appointments carried out on the individual and consolidated financial statements of Public Interest Entities, as well as on the financial statements of the subsidiaries included in the consolidation area of the said Entities;

b) 7.8% of revenues from fees for statutory auditing appointments carried out on the individual and consolidate financial statements belonging to Financial Insitutions (Enti Sottoposti a Regime Intermedio), as well as on the financial statements of the subsidiaries included in the consolidaion area of the said Entities;

c) 2.9% of revenues from fees for the release of compliance statements carried out on non financial reports (individual and consolidated) issued by Public Interest Entities.

Terms of payment are specified under art. 4, para. 8, to be performed through bank transfer (see art. 4, para. 3,4,5)
Art. 3, lett. o) Borsa Italiana s.p.a.; The contribution payable is equal to € 4,331,460.00. Payment beforeFebruary 28, 2019, through bank transfer (see art. 4, para. 3,4,5).
Art. 3, lett. p) Mts s.p.a.; The contribution payable is equal to € 447,915.00. Payment before February 28, 2019, through bank transfer (see art. 4, para. 3,4,5).
Art. 3 lett. q) Monte Titoli s.p.a.; The contribution payable is equal to € 766,710.00. Payment before February 28, 2019, through bank transfer (see art. 4, para. 3,4,5).
Art. 3, lett. r) Cassa di Compensazione e Garanzia s.p.a.; The contribution payable is equal to € 525,070.00. Payment before February 28, 2019, through bank transfer (see art. 4, para. 3,4,5).
Art. 3, lett. s) MANAGERS OF MULTILATERAL TRADING FACILITIES AND ORGANISED TRADING FACILITIES

Investment firms (‘SIMs’), Banks and Regulated Stock Exchange Companies authorised, as of January 2, 2019, to manage Multilateral Trading Facilities and Organised Trading Facilities referred to in Art. 1, para. 5, letters g) and g-bis) of Legislative Decree no. 58/1998;

The contribution payable is calculated with reference to the number all financial instruments traded, as follows:

a) up to 100 financial instruments traded: € 30,610.00;

b) up to 1,000 financial instruments traded: € 74,650.00;

c) up to 3,000 financial instruments traded: € 112,585.00;

d) up to 5,000 financial instruments traded: € 151,185.00;

e) up to 10,000 financial instruments traded: € 198,590.00;

f) over 10,000 financial instruments traded: € 258,165.00.

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art. 3, lett. t) SYSTEMATIC INTERNALISERS

Systematic internalisers entered, as of January 2, 2019, in the specific register provided for by Art. 72, para. 4 of CONSOB’s Regulation no. 20249/2017;

The contribution payable for the year 2019 is equal to a fixed amount of € 12,000.00, increased by € 8,000.00 for those subjects who negotiate instruments traded on a trading venue (ToTV) in the previous year. Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art. 3, lett. u) MANAGERS OF FOREIGN REGULATED MARKETS

Managers of extra-EU financial instrument regulated market applying for recognition in Italy under Art. 70, para. 1 of Legislative Decree no. 58/1998;

The contribution is equal to € 26,270.00 per capita. Through bank transfer (see art. 4, para. 3,4,5).

The payment notice shall be attached to the recognition application, as prescribed in art. 70, para. 1, of Italian Legislative Decree no. 58/1998.

Art. 3, lett. v) MANAGERS OF CROWDFUNDING PLATFORMS FOR SMALL-AND-MEDIUM SIZED ENTERPRISES

Managers of crowdfunding platforms for small-and medium-sized enterprises and for social enterprises entered as of January 2, 2019, in the register referred to in Art. 50 - quinquies, para. 2 of Legislative Decree no. 58/1998;

The amount payable is equal to a fixed amount of € 3,300.00, increased by € 4,200.00 for those subjects who, on January 2, 2019 will have started their activity. Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art.3, lett. w) MANAGERS OF REGULATED INFORMATION DISCLOSURE SERVICES AND MANAGERS OF REGULATED INFORMATION STORAGE DEVICES

Managers of regulated information disclosure services and managers of regulated information storage devices, authorised pursuant to Art. 113-ter, para. 4 of Legislative Decree no. 58/1998, and entered, as of January 2, 2019, in the specific registers provided for by Art. 116-septies, para. 3, and Art. 116-undecies, para. 3, of CONSOB’s Regulation no. 11971/1999;

The contribution payable is set as a fixed fee of € 2,220.00 for all the subjects registered in the special registers kept by CONSOB, increased by a variable amount correlated to the number of issuers that subscribed each individual disclosure or storage service as of January 2, 2019, as follows:

a) up to 100 issuers subscribing the service: € 6,750.00;

b) up to 200 issuers subscribing the service: € 9,000.00;

c) over 200 issuers subscribing the service: € 11,260.00.

Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art.3, lett. x) DATA COMMUNICATION SERVICES PROVIDERS

Data communication services providers entered, as of January 2, 2019, in the register referred to in art 79-bis, para. 4 of Legislative Decree no. 58/1998;

The contribution payable is equal to € 5,000.00 for each authorised service. Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)
Art. 3, lett. y) UNDERTAKINGS SUBJECT TO NON FINANCIAL REPORTING

Undertakings subject to non financial reporting, obliged to publish a yearly disclosure of non-financial information (NFI), in pursuance of art. 2 of Italian legislative Decree 254/2016, entered, as of January 2, 2019, in the specific register referred to in art. 3, para. 3, of CONSOB Regulation n. 20267 /2018.

The contribution is equal to a fixed amount of € 1,885.00 per capita. Payment before April 15, 2019, through pre-compiled M.Av. (see art. 4, para. 1,2)

2. For the purpose of calculating the contribution:

i) for the offerings referred to in point m3), letter d1), the monetary equivalent is the monetary value of the offer addressed to the public of retail and institutional investors, aimed to admit equity securites to listing. Such equivalent is determined with reference to the final price of the financial product offered and the quantity actually placed or purchased;

ii) for takeover bid referred to in point m3), letter d2), the monetary equivalent is the total amount raised, also following the proceedings prescribed under articles 108 and 111 of Italian Legislative Decree 58/1998;

iii) for exchange tender offering referred to in point m3), lett. d2), the monetary equivalent of the operations is the value of effectively acquired securities;

iv) for public offers concerning commercial papers or other financial products issued on an annual basis, the contribution is calculated on the monetary value of the instruments actually placed, and, in any case within the value boundaries set by the issuance programe and indicated in the prospectus or information document.

With effect from year 2014, public offering operations aimed at admitting securities to listing on the national regulated markets are exempted from payment of the annual contribution if the following conditions apply: i) turnover of less than euro 300 million, based on the latest certified financial statements represented in the prospectus, or on accounting documentation relevant for the purpose of qualifying as SME; ii) public offering of underwriting equal to at least 30% of the total value placed.

3. The contribution payable by subjects referred to in letter j), issuers, is calculated, with reference to the financial instruments listed on markets or admitted to negotiations, as of January 2, 2019, as follows:

3/1 for issuers in points j1) and j3):

a) the amount of contribution for equity shares is equal to a fixed amount of € 20,875,00 up to € 10,000,000of share capital, plus € 195.41 every € 500,000 over € 10,000,000 and up to € 100,000,000 of share capital, plus € 157.11 every € 500,000 over € 100,000,000 of share capital. With effect from year 2014 any shares admitted to listing on national regulated markets belonging to companies with lower than euro 500 million market capitalisation in the period between the beginning of negotiations and the last trading day of the previous year, are exempted from contribution. This kind of exemption is applicable for the first three years elapsing from the year of admission to listing. Each issuer will be obliged to confirm before January 31st of every year that the requirements for exemption are met, through written communication ot the e–mail address contributi@pec.consob.it;

b) the payable contribution for bonds is equal to a fixed amount of € 20,875.00 for each emission quoted;

c) the payable contribution for warrants is equal to a fixed amount of € 20,875.00 for each emission quoted;

d) the payable contribution for covered warrants, certificates, exchange traded commodities (Etc) and exchange traded notes (Etn) is equal to a fixed amount of € 2,875.00 for each instrument quoted;

e) the payable contribution for collective investment undertakings shares, exchange traded funds (Etf), active exchange traded funds (Active Etf) is equal to a fixed amount of € 3,015.00, for each fund class quoted; for issuers offering shares of funds or sub-funds, two quoted fund classes are excluded from the calculation of contribution.

The maximum contribution for each issuer is established to be equal to € 646,140.00.

3/2 for foreign issuers in points j2):

a) the payable contribution for equity shares, bonds and warrants is equal to a fixed amount of € 20,875.00 for each emission quoted;

b) the payable contribution for covered warrants, certificates, exchange traded commodities (Etc) and exchange traded notes (Etn) is equal to a fixed amount of € 2,875.00 for each instrument quoted;

c) the payable contribution for collective investment undertakings shares, exchange traded funds (Etf), active exchange traded funds (Active Etf) is equal to a fixed amount of € 3,015.00, for each fund class quoted; for issuers offering shares of funds or sub-funds, two quoted fund classes are excluded from the calculation of contribution.

The maximum contribution for each issuer is established to be equal to € 646,140.00.

Article 4
Methods of payment

1. A pre-compiled M.Av will be sent to the interested parties twenty days ahead of the payment deadline.

2. Instructions for the execution of payments and for assistance in case of missed reception of the M.Av slip will be made available in an apposite section on CONSOB’s website (www.consob.it).

3. The bank transfer must be made to current accont no. 60006X08, registered to “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.

4. When the contribution is paid, the liable subject denomination and purpose of payment must be specified.

5. The purpose of payment description is to be specified, for each transfer, in accordance with the first column of the table in article.

6. The payment notice relative to the due contribution will be sent to foreign subjects in the 20 days preceding the deadline, at the communicated address.

7. The payment notice referred to in para. 6 will contain, among the others, a “user code”, through which both the subject and the purpose of payment will be identified by CONSOB. Such elements, together with the subject’s name, must be reported on the bank transfer slip. The bank transfer must be made to the bank account indicated in para. 3.

8. The payment of contribution due by the subjects referred to in para. 3, lett. n) must be made, according to the methods prescribed by paragraphs 3 to 5, before:

a) February 28, 2019, in case the financial statements closed in 2018 had been 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 2018, in other cases;

c) September 30, 2019, for all the other subjects in the Register that are not required to present any financial statements and have been appointed to prepare the statutory auditing of Public Interest Entities’ financial statements.

Within the deadlines referred to in para. 8, letters a), b), c), a copy of the evidence of payment or an equivalent statement, containing the information required by paragraph 4 and the payment data (origin current account, amount, payment order date and value date), together with a table explaining how such contribution was calculated, must be sent to CONSOB.

Article 5
Enforced collection and default interest for late payment

No exceptions shall be made to the methods of payment provided for by this Resolution. Failure to pay contributions in due time shall entail the start 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 current legal rate, as well as the increases prescribed by current laws and regulations.

Article 6
Final Provisions

This Resolution shall be published in the Official Journal of the Italian Republic[2], as well as in CONSOB’s Bulletin.

THE DEPUTY CHAIRMAN
Anna Genovese


[1] Made effective by decree of the President of the Council of Ministers of January 17, 2019

[2] Published in the Official Journal of the Italian Republic no. 36 of  February 12, 2019.