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Prospectus - Notowania

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In addition, several proceedings have been commenced in Austria in relation to the Madoff investments which name Bank<br />

Austria, Bank Privat AG and Primeo Fund as defendants. The claimants in these cases purportedly invested in funds which<br />

had invested directly or indirectly in BMIS. Bank Austria has also been named as a defendant in criminal proceedings. These<br />

proceedings were initiated by a complaint filed by the Financial Market Authority with the Austrian prosecutor. In the context<br />

of these criminal proceedings, additional complaints were filed by purported investors in funds that had invested directly or<br />

indirectly in BMIS. These complaints allege, among other things, that Bank Austria violated the Investment Fund Act as<br />

“prospectus controller” of the Primeo Fund.<br />

In addition, various subsidiaries of UniCredit have received subpoenas or requests for information and/or documents from the<br />

SEC, the Department of Justice and the SIPA Trustee in the United States, the Financial Market Authority in Austria, the Irish<br />

Financial Services Regulatory Authority in Ireland and BaFin in Germany seeking information in connection with their<br />

investigations into Mr. Madoff's fraud. The recipients of these subpoenas or requests have been cooperating with such<br />

requests.<br />

In addition to the ongoing Madoff-related actions against UniCredit and its subsidiaries and certain of their employees or<br />

former employees, additional proceedings have been threatened and may be initiated by plaintiffs and enforcement<br />

authorities in the future in these or other jurisdictions. Such pending or future proceedings could have, individually or in the<br />

aggregate, a material adverse effect on UniCredit.<br />

All the currently pending proceedings are in their initial stages. UniCredit and the affected subsidiaries intend to defend these<br />

proceedings and assert defences against the Madoff-related claims directed at each of them. As at the date of this<br />

<strong>Prospectus</strong>, it is not possible to reliably predict their timing or outcome, or to estimate the liability, if any, resulting therefrom.<br />

Consistent with applicable international accounting principles, no provisions have been made at this time to cover the legal<br />

liability risk involved in Madoff-related litigation.<br />

CONSOLIDATED INTERIM REPORT<br />

AS AT SEPTEMBER 30, 2009<br />

218

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