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12.5 Contingent liabilities<br />

31/12/2011 31/12/2010<br />

for personnel litigation 499 246<br />

for revocation risks 2,210 2,857<br />

for bonds in default 11 -<br />

for compounding of interest 1,127 1,394<br />

for claim risks 547 660<br />

for tax litigation 238,260 183,600<br />

for other litigation 73,506 73,390<br />

Total 316,160 262,147<br />

The liabilities regulated by IAS 37, characterised by the absence of certainty over the timing or the<br />

amount of future expense required to settle presumed liabilities, can be classified as being of two<br />

types:<br />

• probable liabilities;<br />

• contingent liabilities (possible or remote).<br />

The correct identification of the nature of liabilities is of fundamental importance because it<br />

determines whether or not the risk deriving from an obligation must be recognised in the financial<br />

statements.<br />

The recognition of a provision for risks and charges in the financial statements represents a<br />

probable liability of uncertain timing or amount 2 and the amount recognised in the accounts<br />

represents the best estimate of the expenditure required to settle the obligation existing as at the<br />

reporting date and reflects the risks and uncertainties that inevitably characterise a number of<br />

different facts and circumstances.<br />

The amount of a provision is measured by the present value of the expenditure that it is assumed<br />

will be necessary to settle the obligation where the effect of the present value is significant.<br />

Future events that might affect the amount required to settle the obligation are only taken into<br />

consideration if there is sufficient objective evidence that they will occur.<br />

The measurement of provisions is periodically reviewed to verify that they are reasonable.<br />

The general and theoretical legal parameters which govern the process of determining the present<br />

value of provisions, which is performed for each single case of litigation and for the relative<br />

residual life, are given below:<br />

• type/nature of the litigation, to be assessed in the light of the legal claims formulated by the<br />

counterparty. Various “macro-families” are identifiable in this respect such as corporate litigation,<br />

labour law cases, financial intermediation litigation, litigation generically definable as<br />

compensation for damages (resulting from non performance of contract obligations, illegal actions,<br />

violation of regulations) etc.;<br />

2 Details of the criteria for recognising provisions are given in Part A.2 of the notes to the financial statements “The main<br />

items in the financial statements”, section 12 “Provisions for risks and charges”, which may be consulted.<br />

333

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