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Prospectus - Notowania

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these shares, provided that the shares or financial instruments are traded on organized<br />

Italian or EU nation markets) or individual portfolio management agreements<br />

finalized off-premises, is suspended for a duration of seven days as from the date the<br />

investor signs. Within this period the investor can communicate their withdrawal<br />

without any charges or fees payable to the financial advisor or qualified party; this<br />

faculty is indicated on the forms, etc. provided to the investor. The same regulation<br />

applies to contractual proposals made off premises.<br />

Pursuant to Article 31 of the TUF, authorized parties avail themselves, for offpremises<br />

sales, of financial advisors who must be enrolled in the specific consolidated<br />

register, held by a body made up of professional associations representative of the<br />

advisors and the qualified parties. Financial advisory activities must be carried out<br />

exclusively in the interests of a sole party, who will be responsible jointly and<br />

severally for damages caused to third parties by the financial advisor, even if these<br />

damages are consequent to the responsibility of the financial advisor ascertained via<br />

criminal proceedings. When providing their services, financial advisors are obliged to<br />

observe the rules of conduct and presentation vis-à-vis the investors, established by<br />

Consob under its regulations.<br />

Germany<br />

Banking activities and those relating to financial services carried out in Germany by<br />

the Group are regulated extensively and subject to the supervision of the BaFin and<br />

the German federal bank (Deutsche Bundesbank or Bundesbank) in accordance with<br />

German banking law (Kreditwesengesetz). The BaFin oversees the observance, among<br />

other aspects, of the capital adequacy and liquidity requirements, the credit<br />

disbursement limits, the restrictions on certain activities imposed by German banking<br />

law and the adequate capital coverage of the market risk and counterpart risk<br />

associated with security and foreign exchange transactions carried out by the banks.<br />

the BaFin has the faculty to request the banks for information and documents relating<br />

to their activities and ask the banks for periodic reports. If necessary, the BaFin has<br />

the faculty to request an institution to increase its funds or its liquidity reserve,<br />

prohibit distributions or payments of profits to subsidiary companies. If the BaFin<br />

finds irregularities, it avails of instruments which impose the observance of laws, such<br />

as inspections, sanctions, personal sanctions for directors, and, in the last instance, the<br />

revocation of authorization to carry out regulated activities.<br />

In Germany, German banking law and the regulations on solvency<br />

(Solvabilitätsverordnung) implement Basel II.<br />

Banks must report to the Bundesbank on loans of a certain entity that they have<br />

disbursed and must inform the BaFin and the Bundesbank if specific thresholds are<br />

exceeded. The loans which exceed these thresholds can only be granted subject to the<br />

approval of the BaFin and the amount exceeding these thresholds must be covered by<br />

additional capital of the financial institution.<br />

Pursuant to German law on the guarantee of deposits (Einlagensicherungs- und<br />

Anlegerentschädigungsgesetz), the association of German commercial banks operating<br />

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