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Bullettin


Resolution 18755(1)

Procedures and time limits for paying the fees due for the 2014 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. 18753 and 18754 dated December 23, 2013 which provided, pursuant to aforementioned Article 40, respectively persons required to pay fees for year 2014 and the amount of the fees for the same year;

Whereas it is consequently required to specify for the 2014 fiscal year the procedures and time limits for paying the fees due in accordance with Resolutions n. 18753 and 18754 dated December 23, 2013;

RESOLVES

Article 1
Procedures and time limits for paying fees

1. The fee due by persons referred to in Article 1.a), 1.b), 1.c), 1.d) 1.e) [excluding harmonised asset management company], 1.f), 1.g), 1.h), 1.i), 1.j) [excluding collective investment undertakings subject to Articles 42.1 and 42.5 of Legislative Decree 58/1998], 1.i), 1.j), 1.o)[excluding foreign issuers of financial instruments admitted to trading on Italian regulated markets], 1.p), 1.o) [excluding foreign offerors], 1.s) and 1.t), of Resolution 18753 dated December 23, 2013 must be paid by 15 April 2014. Payment must be made using the special pre printed MAV form, which will be sent by 15 March 2014 to the addresses of persons required to pay the fees.

2. The persons referred to in paragraph 1 may make the payment of the fees through different procedures, in addition, for any delay or problem with the delivery of the pre printed MAV or for any loss, will be made available specific customer care services. The instructions for the different kind of services available will be posted on Consob's website (www.consob.it).

3. The fee due by persons specified in Article 1.k), 1.l), 1.m), 1.n) and 1.u) of Resolution 18753 dated December 23, 2013 must be paid by February 28, 2014.

4. The payments referred to in paragraph 3 must be made through a bank credit transfer on bank account no. 60006X08 under the name of "Consob, Via G.B. Martini 3 , 00198, Rome- ITALY" at Banca Popolare di Sondrio/Branch no. 25, Viale Parioli 39/B, 00197, Rome – ITALY, bank code 05696 – branch code 03225 , Swift code (BIC) POSOIT22 -IBAN: IT44Z0569603225000060006X08).

5. When making payments, the following information must be given: the name and tax code of the person required to pay 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 surname or company name in the section of the form provided for information on the identity of the person required to pay; b) the description of the reason for the payment in the section of the form provided for the transmission of information to the beneficiary.

6. The description of the reasons 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.

7. The fee due by persons referred to in Article 1. r) of Resolution 18753 of 23 December 2013 must be paid, using the procedures laid down in subsections 4 to 6, by:

a) February 28, 2014 where the financial statements for the financial year ended in 2013 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 2013 in all other cases;

c) September 30, 2014 by all the other persons entered in the Register (of statutory auditors and auditing companies), not required to make a financial statement, with statutory audit assignment of entities of public interest.

Within the time limit for payment referred to in subsection 7.a), 7.b) or 7.c) a copy of the documentation certifying payment, or a declaration attesting payment in lieu thereof containing the information specified in subsection 5 and the details of the payment made (current account, amount, date of order and value date), with attached a table explaining the calculation of the fee, shall be sent to Consob.

8. The fee due by persons referred to in Article 1.e)[with reference exclusively to harmonised asset management company], 1.h) [with reference exclusively to collective investment undertakings subject to Articles 42.1 and 42.5 of Legislative Decree 58/1998], 1.o) [with reference exclusively to foreign issuers of financial instruments admitted to trading on Italian regulated markets] and 1.q) [with reference exclusively to foreign offerors] of Resolution 18753 dated December 23, 2013 must be paid by 15 April 2014 through a bank credit transfer to be made following the receipt of the related notice of payment, which will be sent by 15 March 2014 to the addresses of persons required to pay the fees.

9. The notice of payment referred to in the subsection 8 will give the "firm code" Consob uses to identify the addressee 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 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 made on the current bank account laid down in subsections 4.

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, 23 December 2013

 

THE CHAIRMAN
Giuseppe Vegas

 

DESCRIPTIONS OF REASONS FOR PAYMENT OF FEES

Supervision fees

Description of reason

Persons required to pay

Fee (in euros)

Time limit for payment

Article 1.a) Resolution 18753/13 SIMs, including those entered in the special section of such register provided for in Article 60.4 of Legislative Decree 415/1996, authorised on 2.1.2014 to engage in investment services and activities As specified in Article 1.2, subparagraph 2.1 of Resolution 18754/13

15 April 2014

Article 1.b) Resolution 18753/13 Non –EU investment companies authorised to engage in investment services or activities and EU investment companies with branch in Italy As specified in Article 1.2, subparagraph 2.2 of Resolution 18754/13 15 April 2014
Article 1.c) Resolution 18753/13 Italian banks authorised to engage in investment services or activities

Poste Italiane Divisione servizi Bancoposta

As specified in Article 1.2, subparagraph 2.1 of Resolution 18754/13 15 April 2014
Article 1.d) Resolution 18753/13 EU banks with branch in Italy and non – EU banks with or without branch, authorised to engage in investment services or activities As specified in Article 1.2, subparagraph 2.1 of Resolution 18754/13 15 April 2014
Article 1.e) Resolution 18753/13 Asset management companies and harmonised asset management companies with branch in Italy authorised to engage in the service of management on a client-by-client basis of investment portfolios and/or investment consultancy As specified in Article 1.2, subparagraph 2.2 of Resolution 18754/13 15 April 2014
Article 1.f) Resolution 18753/13 Financial intermediaries referred to in Article 107.1 of Leg. Decree 385/1993 As specified in Article 1.2, subparagraph 2.2 of Resolution 18754/13 15 April 2014
Article 1.g) Resolution 18753/13 Stockbrokers entered in the special roll referred to in Article 201.5 of Leg. Decree 58/1998  € 80,00 each 15 April 2014
Article 1.h) Resolution 18753/13 Italian Asset management companies, Italian SICAVs Fixed amount of € 3.950,00, plus - in case of persons offering their units or shares to the public following the filing of a prospectus - an amount of € 1.670,00 for each fund or, where envisaged, for each sub-fund operating on 2.1.2014. The first two funds / sub-funds shall be exempt from the calculation of the fee increase. 15 April 2014
Article 1.h) Resolution 18753/13 Collective investment undertakings harmonised under Article 42.1 of Leg. Decree 58/1998, collective investment undertakings not harmonised under Article 42.5 of Legislative Decree 58/1998 Fixed amount of € 3.950,00, plus - in case of persons offering their units or shares to the public following the filing of a prospectus - an amount of € 1.670,00 for each fund or, where envisaged, for each sub-fund operating on 2.1.2014. The first two funds / sub-funds shall be exempt from the calculation of the fee increase. 15 April 2014
Article 1.i) Resolution 18753/13 Insurance companies authorised, on 2.1.2014, to operate in the sectors on Life III and/or V according to Article 2.1, of the Legislative Decree 209/2005;   15 April 2014
Article 1.j) Resolution 18753/13 Registered financial salesmen € 93,00 each 15 April 2014
Article 1.k) Resolution 18753/13 Borsa Italiana s.p.a. € 3.547.200 28 February 2014
Article 1.l) Resolution 18753/13 MTS s.p.a. € 368.385,00 28 February 2014
Article 1.m) Resolution 18753/13 Monte Titoli s.p.a. € 625.845,00 28 February 2014
Article 1.n) Resolution 18753/13 Cassa di Compensazione e Garanzia s.p.a. € 428.285,00 28 February 2014
Article 1.o)

Subpar. o1)

Resolution 18753/13

Italian issuers indicated under points o1) and o2)  As specified in Article 1.3 Subpar. 3.1) of Resolution 18754/2013 15 April 2014
Article 1.o)

Subpar.o2)

Resolution 18753/13

Foreign issuers indicated under point o1)  As specified in Article 1.3 Subpar. 3.2) of Resolution 18754/2013 15 April 2014
Article 1.p) Resolution 18753/13 Issuers of shares or bonds widely distributed among the public entered in the Consob list € 14.625,00 each 15 April 2014
Article 1.q), point q1), Resolution 18753/13 Persons that, after the approval of the offering prospectus or of the bid document, between 2 January 2013 and 1 January 2014, have not completed the solicitation of public saving or of the takeover bid and/or exchange tender offer As specified in Article 1.4, subparagraph 4/1 of Resolution 18754/13 15 April 2014
Article 1.q),

point q2), Resolution 18753/13

Persons that, between 2 January 2013 and 1 January 2014, completed public offerings of financial products giving the right to receive a differential As specified in Article 1.4, subparagraph 4/2 of Resolution 18754/13 15 April 2014
Article 1.q),

point q3), Resolution 18753/13

Persons that, between 2 January 2013 and 1 January 2014, completed public offerings of warrants to buy or subscribe for financial products

As specified in Article 1.4, subparagraph 4/3 of Resolution 18754/13

15 April 2014
Article 1.q),

point q4), Resolution 18753/13

Offerors that between 2 January 2013 and 1 January 2014 complete public offering of financial instruments (other than securities) issued continually and repeatedly by banks under Artiche 34.ter of Consob Resolution 11971/99

As specified in Article 1.4, subparagraph 4/4of Resolution 18754/13

15 April 2014
Article 1. q),

point q5), Resolution 18753/13

Offerors that between 2 January 2013 and 1 January 2014 completed other public offerings, other offers to buy or exchange securities, or public offerings of commercial paper or other financial products issued on the basis of an annual programme

As specified in Article 1.4, subparagraph 4/5 of Resolution 18754/13

 

15 April 2014

Article 1. q),

point q6), Resolution 18753/13

Persons that, between 2 January 2013 and 1 January 2014, received the approval of the prospectus for the admission to trading of financial instruments

As specified in Article 1.4, subparagraph 4/6 of Resolution 18754/13

15 April 2014
Article 1. q),

point q7), Resolution 18753/13

Persons that, between 2 January 2013 and 1 January 2014, in the case of merger or spin off operation received the judging of equivalence for admission to trading of financial instruments

As specified in Article 1.4, subparagraph 4/7 of Resolution 18754/13

 
Article 1.r) Resolution 18753/13 Persons entered in the register referred to in Legislative Decree 39/2010 8,85% of revenues from audits under Article 1.6 of Resolution 18754/13 As specified in Article 1.7, point a) or b) or c) of this Resolution
Article 1.s) Resolution 18753/13 SIMs, banks and market management company authorized, on 2.1.2014, to manage multilateral trading facilities referred to in Article 1.5 g) of Legislative Decree 58/1998 As specified in Article 1.7 of Resolution 18754/13 15 April 2014
Article 1.t) Resolution 18753/13 Systematic internaliser entered in the Consob list As specified in Article 1.8 of Resolution 18754/13 15 April 2014
Article 1.u) Resolution 18753/13 Regulatory Body of financial salesmen € 314.190,00 28 February 2014
Article 1.v) Resolution 18753/13 Markets recognized under agreements with foreign authorities (non – EU) under Article 67.2 of Leg. Decree 58/1998 € 19.795,00 Payment documentation to be attache to the application


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1) Given effect by a decree issued by the Prime Minister on February 13, 2014.