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Prospectus - Notowania

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In another area, the banks are requested to compensate damages for the amounts collected<br />

(equivalent to €123.4 million as well as €1.1 million in fees and commissions) for the alleged<br />

invalidity and illegality of the case or for illegal reasons involving all parties to the complex<br />

deal that the transaction in question allegedly turned into, according to the petitioner, the<br />

payment of Fin.Part debts to UniCredit using the proceeds from the C Finance S.A. bond issue.<br />

In addition, the transaction was allegedly a means for evading Italian laws regarding limits and<br />

procedures for bond issues.<br />

UniCredit Group’s legal counsel is assessing the procedural aspects and the relationships<br />

between the accompanying petitions of the two bankruptcies, also in regard to the appeal<br />

pursuant to Article 101 of Regional Decree no. 267 of March 16, 1942, filed by the C Finance<br />

S.A. bankruptcy against the bankruptcy of Fin.Part.<br />

In January 2009, the judge rejected the writ of attachment for the defendant not belonging to<br />

UniCredit Group.<br />

On June 9, 2009 the deed of appearance and reply was submitted for UniCredit. At the hearing<br />

on June 30, 2009, the judge allowed the personal appearance of the parties to begin settlement<br />

proceedings, setting the hearing date for October 5, 2009.<br />

The settlement proceedings were unproductive due to the distance of the parties' positions. The<br />

judge postponed the hearing to January 12, 2010 for a new settlement attempt. The proceeding<br />

is still pending as at the Date of the <strong>Prospectus</strong>.<br />

On October 2, 2009, the receivership of Fin.Part subpoenaed in the Court of Milan UniCredit<br />

Corporate Banking (as the party of the former Credito Italiano) in order that (i) the invalidity of<br />

the “payment” of €46 million made in September 2001 by Fin.Part to the former Credito<br />

Italiano be recognised and consequently, (ii) the defendant be sentenced to return said amount<br />

in that it relates to an exposure granted by the bank as part of the complex financial transaction<br />

under dispute in the prior proceedings.<br />

According to the opinion of UniCredit, also based on the information supplied by their legal<br />

counsel, the claims appear groundless and/or lacking from an evidence viewpoint,<br />

consequently, also bearing in mind that the proceedings are in their initial stages, no provisions<br />

have presently been made.<br />

Seanox Oil P.T.<br />

In 2004, Seanox Oil P.T., with registered office in Jakarta, made a decision to liquidate<br />

(through Branch 26 in Milan of the former Banca di Roma) 2 certificates of deposit that were<br />

apparently issued by UBS for a total amount of USD 500 million (USD 300 million and USD<br />

200 million).<br />

The aforementioned company instituted proceedings against the former Banca di Roma S.p.A.,<br />

claiming it had suffered unjust loss deriving from the alleged illicit delivery to UBS Bank of<br />

Zurich of one of the certificates, that of the certificate having a face value of USD 200 million,<br />

which having proved to be false, was withdrawn by UBS Zurich.<br />

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