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Prospectus - Notowania

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Bank supervision and capital adequacy requirements<br />

Pursuant to Articles 51 et seq. of the TUB, every bank is subject to the supervision of<br />

the Bank of Italy.<br />

Vis-à-vis each banking party, the Bank of Italy carried out informative, regulatory and<br />

inspection supervisory activities; in particular, with regard to the performance of<br />

informative supervision, Article 56 of the TUB lays down that the amendments to the<br />

Articles of Association of the banks cannot be recorded in the companies’ register if a<br />

provision of the Bank of Italy is not established which ascertains that said changes do<br />

not contrast with a sound and prudent management of the bank.<br />

Furthermore, with regard to all the banks, the Bank of Italy carries out – as per Article<br />

53 of the TUB - regulatory supervisory activities, issuing, in compliance with the<br />

resolutions of the CICR, general provisions concerning: the capital adequacy, the<br />

containment of the risk in its various forms, the equity investments which can be held<br />

and the administrative and accounting organization and internal controls.<br />

The capital adequacy of the banks is subject to specific discipline by the Bank of Italy<br />

which acknowledges, in particular, the decisions adopted by the Basel Committee in<br />

the New Basel Agreement on Capital.<br />

In detail, in January 2001 the Basel Committee published the proposals for the review<br />

of the international standards existing with regard to the capital adequacy of banks<br />

(Basel II). They were finally approved and adopted under the Directives 2006/48/EC<br />

and 2006/49/EC and came into force on January 1, 2007.<br />

The Italian State acknowledged the afore-mentioned directives by means of Italian<br />

Decree Law No. 297 dated 27 December 2006, subsequently converted into Italian<br />

Law No. 15 dated February 23, 2007.<br />

In accordance with this law, the general provisions issued by the Bank of Italy<br />

concerning capital adequacy must foresee that the banks are able to use: (i) the<br />

appraisals of the credit risk issued by external companies or bodies; in this connection,<br />

the provisions discipline the requirements, also of a technical and independence<br />

nature, which the parties must possess and the related appraisal methods; (ii) internal<br />

risk gauging systems for determining the capital requirements, subject to the<br />

authorization of the Bank of Italy.<br />

Implementing said law, the Bank of Italy issued Circular No. 263 dated December 27,<br />

2006.<br />

Share-based investments made by banks<br />

The banks are permitted to make investments in both finance companies and industrial<br />

companies, in observance of the norms and the limits envisaged in the Bank of Italy’s<br />

Supervisory Instructions when exercising regulatory supervision functions.<br />

As a rule, the equity investments undertaken by a bank cannot exceed, in their<br />

entirety, the available margin for investments in equity investments and in properties<br />

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