19.01.2013 Views

Prospectus - Notowania

Prospectus - Notowania

Prospectus - Notowania

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(the available margin is provided by the difference between the Regulatory Capital<br />

and the sum of the equity investments and the properties, in any event held).<br />

The Supervisory Instructions envisage the prior authorization from the Bank of Italy<br />

for the acquisition, by banks, of equity investments greater than 10% of the<br />

Regulatory Capital of the purchasing bank or 10% or 20% of the share capital (or the<br />

percentage which involves control being gained) of the bank, the finance or insurance<br />

company acquired and for the undertaking of equity investments in operating<br />

companies.<br />

Furthermore, equity investments in companies other than banks or finance or<br />

insurance companies (so-called “industrial”) cannot in total exceed 15% of the bank’s<br />

Regulatory Capital and, in relation to the investments in a single non-financial<br />

company or group of companies, 3% of the bank’s Regulatory Capital and 15% of the<br />

share capital of the target company. This latter percentage does not apply if the value<br />

of the equity investment is contained with the amount of 1% of the holding bank’s<br />

Regulatory Capital, or if the sum of the investments over 15% in the bank’s<br />

possession is contained within 1% of the bank’s Regulatory Capital.<br />

Anti money-laundering legislation<br />

The Issuer is subject to the provisions of “anti money-laundering” legislation, as<br />

recently amended by Italian Legislative Decree No. 231 dated November 21, 2007<br />

containing “Implementation of Directive 2005/60/EC concerning prevention of the<br />

use of the financial system for the purpose of recycling proceeds from criminal<br />

activities and the funding of terrorism, as well as Directive 2006/70/EC which<br />

contains the executive measures”.<br />

In detail, the banks are obliged to:<br />

(i) adequately identify and check the customers (in some situations considered to<br />

be more exposed to the risk of recycling and terrorism funding, by means of<br />

particularly rigorous identification and verification procedures);<br />

(ii) establish the Centralised Computer Archive;<br />

(iii) register and maintain the identifying details and other information relating to<br />

dealings and transactions in the Centralised Computer Archive;<br />

(iv) send the aggregate data to the Financial Information Unit;<br />

(v) report suspect transactions;<br />

(vi) establish internal control measures and ensure the adequate training of the<br />

employees and co-workers, also so as to analyse the knowledge of its<br />

customers, for the purpose of preventing and averting that recycling<br />

transactions take place.<br />

Investment services<br />

- 123 -

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!