Consob resolution No. 17602 of December 28, 2010⁽¹⁾

Procedures and time limits for paying the fees due for the 2011 fiscal year pursuant to Article 40 of Law 724/1994

THE ITALIAN COMPANIES AND STOCK EXCHANGE COMMISSION (CONSOB)

 Having regard to Law 216 of 7 June 1974 as amended;

Having regard to Article 40.3 of Law 724 of 23 December 1994 as amended, which, inter alia, provides for Consob, with a view to its funding, to determine each year the amount of the fees it is to be paid by the persons subject to its supervision;

Having regard to Consob Resolutions n. 17600 and 17601 dated 28 December 2010 which provided, pursuant to aforementioned Article 40, respectively persons required to pay fees for year 2011 and the amount of the fees  for year 2011;

Whereas it is consequently required to specify for the 2011 fiscal year the procedures and time limits for paying the fee due in accordance with Resolutions n. 17600 and 17601 dated 28 December 2010;

RESOLVES

Article 1
Procedures and time limits for paying fees

1. The fee due by persons referred to in Article 1, subparagraphs a), b), c), d), e), f) [excluding collective investment undertakings subject to Articles 42.1 and 42.5 of Legislative Decree 58/1998], g), h), o)[excluding foreign issuers of financial instruments admitted to trading on Italian regulated markets], p), q) [excluding foreign offerors], s) and t), of Resolution 17600 of 28 December 2010 must be paid by 15 April 2011. Payment must be made using the special preprinted MAV form, which will be sent by 15 March 2011 to the addresses of persons required to pay the fees.

2. Where they are not in possession of the preprinted MAV form and exclusively in the 10 days preceding the time limit for the payment of the fees, the persons referred to in paragraph 1 may make the payment at any branch of Unicredit Banca in Italy, specifying in writing at the branch chosen the following information concerning the identity of the person required to make the payment: a) first name and family name (for natural persons) or company name (for legal persons); b) tax code.

3. In the 20 days preceding the time limit for paying the fees, the persons referred to in paragraph 1 may also download the preprinted MAV form from the Internet. The instructions for the local printing of the form will be issued not later than 15 March 2011 in the weekly newsletter "Consob Informs" and posted on Consob's website (www.consob.it). Copies of the instructions will also be sent to interested trade associations.

4. The fee due by persons specified in Article 1, subparagraphs i), l), m), n) and v) of Resolution 17600 of 28 December 2010 must be paid by 28 February 2011.

5. The payments referred to in paragraph 4 must be made by means of a bank credit transfer to current account no. 400413898 in the name of "Consob, Via G.B. Martini, 3, 00198 Rome" at Unicredit Banca/Agency B.Marcello, Largo Benedetto Marcello, 198, 00198 Rome, Cod. 02008 - CAB 05164 (IBAN: IT 12 N 02008 05164 000400413898).

6. When making payments, the following information must be given: the name and tax code of the person required to pay, the code of the reason for the payment and the description of the reason for the payment. This information must be shown on the bank credit transfer form as follows: a) the first name and family name or company name in the section of the form provided for information on the identity of the person required to pay; b) the code and the description of the reason for the payment in the section of the form provided for the transmission of information to the beneficiary.

7. The code and the description of the reason for the payment to be used for the purposes established in the preceding subsection are given in the table annexed to this resolution, of which it is an integral part.

8. The fee due by persons referred to in Article 1.r) of Resolution 17600 of 28 December 2010 must be paid, using the procedures laid down in subsections 5 to 7, by:

a) 28 February 2011 where the financial statements for the financial year ended in 2010 were approved not later than the thirtieth day before the date of publication of this resolution in the Gazzetta Ufficiale della Repubblica Italiana;

b) the thirtieth day from the date of approval of the financial statements for the financial year ended in 2010 in all other cases.

9. Within the time limit for payment referred to in subsection 8.a) or 8.b) a copy of the documentation certifying payment, or a declaration attesting payment in lieu thereof containing the information specified in subsection 6 and the details of the payment made (current account used, amount, date of order and value date), with attached a table explaining the calculation of the fee, shall be sent to Consob. The table must be drawn up in conformity with the model established in Consob Communication 99009588 of 12 February 1999.

10. The fee due by persons referred to in Article 1, subparagraphs f) [with reference exclusively to collective investment undertakings subject to Articles 42.1 and 42.5 of Legislative Decree 58/], o) [with reference exclusively to foreign issuers of financial instruments admitted to trading on Italian regulated markets] and q) [with reference exclusively to foreign offerors] of Resolution 17600 of 28 December 2010 must be paid by 15 April 2011 by means of a bank credit transfer to be made following receipt of the related notice of payment, which will be sent by 15 March 2011 to the addresses of persons required to pay the fees.

11. The notice of payment referred to in the subsection 10 will give the "firm code" Consob uses to identify the addressee, the code of the reason for the payment and the description of the reason for the payment. This information, together with the name of the addressee, must be shown on the bank credit transfer form as follows: a) the first name and family name or company name in the section of the form provided for information on the identity of the person required to pay; b) the "firm code" and the code and the description of the reason for the payment in the section of the form provided for the transmission of information to the beneficiary. The bank credit transfer must be to current account no. 400415701 in the name of "Consob, Via G.B. Martini, 3, 00198 Roma" at Unicredit Banca/Agency B.Marcello, Largo Benedetto Marcello, 198, 00198 Rome (Italy), Cod. 02008 - CAB 05164 – BIC Swift code UNCRITM1B57 (IBAN is IT 41 R 02008 05164 000400415701).

12. The payment of fee due by persons referred to in Article 1, subparagraphs u) of Resolution 17600 of 28 December 2010 must be paid within the fifteenth day from the notification date of the approval of the registration referred to in Article 18 of EC Regulation n. 1060/2009, by bank transfer using the procedures laid down in previous subsections 5 to 7.

Article 2
Collection enforcement and arrears interest

1. The payment procedures provided for in this resolution shall be mandatory. Failure to pay fees within the time limits established shall result in the start of collection enforcement proceedings pursuant to Article 40 of Law 724/1994 and the application of arrears interest at the legal rate.

Article 3
Final provisions

1. This resolution shall be published in the Gazzetta Ufficiale della Repubblica Italiana and Consob's Bulletin.

Rome, 28 December 2010

THE DEPUTY CHAIRMAN
Vittorio Conti

  CODES AND DESCRIPTIONS OF REASONS FOR PAYMENT OF FEES

Supervision fees

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Footnote:

1. Given effect by a decree issued by the Prime Minister 19^th January 2011.