Resolution 18050⁽¹⁾

Determination, pursuant to Article 40 of Law 724/1994, of the persons required to pay fees for the 2012 fiscal year

THE ITALIAN COMPANIES AND STOCK EXCHANGE COMMISSION (CONSOB)

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

Having regard to Article 40 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 n. 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 necessary to determine for the 2012 fiscal year the persons required to pay fees;

RESOLVES

Article 1
Persons required to pay fees

1. The following are required to pay Consob a "supervision fee" for the 2012 fiscal year:

a) SIMs entered in the register referred to in Article 20.1 of Legislative Decree 58/1998 on 2.1.2012, including those entered in the special section of such register provided for in Article 60.4 of Legislative Decree 415/1996;

b) Italian banks authorized on 2.1.2012 under Article 19.4 of Legislative Decree 58/1998 and those referred to in Article 200.4 of such decree;

c) Asset management companies that on 2.1.2012 had successfully completed the procedures provided by the Regulation issued by the Bank of Italy under Article 34.3 of Legislative Decree 58/1998 for the provision of the service of management on a client-by-client basis of investment portfolios and/or investment consultancy referred to in Article 1.5 d) and 1.5 f) of Legislative Decree 58/1998;

d) Financial intermediaries entered on 2.1.2012 in the special register referred to in Article 107.1 of Legislative Decree 385/1993 that are authorized, under Article 19.4 of Legislative Decree 58/1998, to provide the investment services referred to Articles 1.5 a), 1.5 b), 1.5c) and 1.5 c-bis) of such Decree;

e) Stockbrokers entered in the single national roll referred to in Article 201.6 of Legislative Decree 58/1998 on 2.1.2012 and those entered at the same date in the special register referred to in Article 201.5 of such decree;

f) Asset management companies entered on 2.1.2012 in the register referred to in Article 35.1 of Legislative Decree 58/1998, SICAVs entered at the same date of 2.1.2012 in the register referred to in Article 44.1 of such decree and collective investment undertakings, at the same date of 2.1.2012, subject to Articles 42.1 and 42.5 of such Decree;

g) Insurance companies authorized, on 2.1.2012, to operate in the sectors on Life III and/or V according to Article 2, subsection 1, of the Legislative Decree No. 209/2005;

h) Financial salesmen entered on 2.1.2012 in the register referred to in Article 31.4 of Legislative Decree 58/1998;

i) Borsa Italiana s.p.a.;

l) MTS s.p.a.;

m) Monte Titoli s.p.a.;

n) Cassa di Compensazione e Garanzia s.p.a.;

o) Persons - other than the Italian government, local government, foreign governments and international organizations of a public nature – as follow:

o1) Italian or foreign issuers (EU and non-EU)  that, on 2.1.2012, issue financial instruments admitted to trading on Italian regulated markets;

o2)  Italian issuers that, on 2.1.2012, issue financial instruments admitted to trading on any EU regulated markets (different from Italian regulated markets) and who have adopted Italy as the home Member State;

p) Issuers of shares or bonds widely-distributed among the public that are entered in Section A of the list published pursuant to Article 108.2 of Consob Regulation 11971/1999, in force on 2.1.2012;

q) Persons - other than those referred to in subparagraph f) and g) – that:

q1) having the intention to make a solicitation of public savings, have transmitted to Consob the disclosure in accordance with Article 94.1 or by Article 102.1 of Legislative Decree 58/1998, and have obtained, between 2 January 2011 and first January 2012, the approval of the offering prospectus or of the bid document, but have not completed the solicitation of public savings or of the takeover bids and/or exchange tender offer;

q2) having completed a public offering of financial products or a takeover bid and/or an exchange tender offer in the period between 2 January 2011 and 1 January 2012, are subject on 2.1.2012, to Article 97.1 or Article 103.2 of Legislative Decree 58/1998;

r) Persons authorized, on 2.1.2012, to perform statutory auditing on financial statement of public entities in accordance with Legislative Decree 39/2010;

s) SIMs, banks and market management company authorized, on 2.1.2012, to manage multilateral trading systems referred to Article 1.5 g) of Legislative Decree 58/1998;

t) Systematic internaliser that are entered in the list published pursuant to Article 22.1 of Consob Regulation no. 16191/2007, in force on 2.1.2012;

u) Rating agencies subject to Article 4-bis.1 of Legislative Decree 58/1998;

v) Regulatory Body of financial salesmen referred to in Article 31.4 of Legislative Decree 58/1998.

Article 2
Final provisions

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

Rome, 28 December 2011 

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Footnote:
 

1. Given effect by a decree issued by the Prime Minister on 31st January 2012.