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UBI Banca Group

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Other information<br />

Treasury shares<br />

In 2011, the companies included in the consolidation did not hold any treasury shares or<br />

those of the Parent, with the sole exception of IW Bank which, as at 31 st December 2011, held<br />

831,168 treasury shares, (corresponding to 1.13% of the share capital), unchanged compared<br />

to twelve months before, for a nominal amount of €207,792 and a value at the purchase price<br />

of approximately €2.6 million.<br />

Litigation<br />

THE MARIELLA BURANI GROUP<br />

On 11 th October 2011, Centrobanca was served with a writ of summons from the Burani<br />

Designers Holding NV (“BDH”) Receivership (advised by Prof. Avv. Bruno Inzitari) to appear<br />

before the Court of Milan. It claimed Centrobanca was liable in relation to a public tender offer<br />

to purchase launched by Mariella Burani Family Holding Spa on the shares of Marella Burani<br />

Fashion <strong>Group</strong> Spa (“MBFG”). According to the writ of summons, the Burani family and the<br />

directors of BDH provided an inaccurate representation of the accounts to non-controlling<br />

shareholders and markets and conceived of and promoted the public tender offer to purchase<br />

with the sole purpose of artificially inflating the price of the MBFG share, in order to delay the<br />

bankruptcy of the Burani <strong>Group</strong>. In this context, Centrobanca is considered responsible for<br />

the abusive grant of loans to support the aforementioned operation, thereby generating, as a<br />

consequence, false confidence in the capital and financial solidity of the Burani <strong>Group</strong> on the<br />

part of creditors and the market.<br />

The damages claimed against Centrobanca in the writ of summons amount to approximately<br />

€134 million.<br />

Centrobanca – which has been duly accepted as a creditor in all the bankruptcy proceedings<br />

concerning the Burani <strong>Group</strong> – considers that this claim made through the courts is without<br />

foundation and has already applied to the court arguing both on points of law and merit to<br />

defend against the Receiver’s claim and in support of the complete rightfulness of its conduct.<br />

The first hearing, originally scheduled for February 2012, has been postponed until 19 th June.<br />

On 1 st March 2012, Centrobanca was served with a writ of summons from the Mariella Burani<br />

Family Holding Receivership (advised by the lawyers Stefano Ambrosini and Barbara Rovati),<br />

containing a claim for compensation, again in this case too, amounting to approximately €134<br />

million, based on arguments of fact and law similar to those already served in the summons<br />

served by BDH Receiver. The first hearing was set for 30 th June 2012.<br />

The same defence team employed to defend Centrobanca against the previous summons was<br />

engaged, in order to carry out the investigations needed for the Bank to defend itself in the<br />

courts.<br />

As already reported, the total gross exposure of the <strong>UBI</strong> <strong>Banca</strong> <strong>Group</strong> to the Burani <strong>Group</strong><br />

amounts to approximately €74.2 million, on which impairment losses of 94.6%. have been<br />

recognised.<br />

NOTIFICATIONS<br />

In 2011, the Guardia di Finanza (Finance Police) served five “Written notifications of<br />

findings” for failure to report suspect transactions for a total of €3,447,000: three notifications<br />

for €1,836,500 were received in the first half and the remaining two, totalling €1,640,500,<br />

were received in the second half.<br />

The recipients of the allegations, served jointly on the legally authorised representatives of the<br />

respective network banks, are three branch managers of Banco di Brescia and two branch<br />

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