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Prospectus - Notowania

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- 76 -<br />

RISK FACTORS<br />

or future action could have significant negative effects on the Company,<br />

individually or as a whole.<br />

As at the Date of the <strong>Prospectus</strong>, all pending action was at the initial stages. The<br />

Issuer and the subsidiaries involved intend to defend themselves from the<br />

accusations made regarding the Madoff case, using all the means available to<br />

them. As at the Date of the <strong>Prospectus</strong>, it was not possible to reliably envisage<br />

the timescales and the outcome of the various legal action, nor assess the degree<br />

of liability, if any exists, which could derive therefrom. In compliance with the<br />

international accounting standards, as at the Date of the <strong>Prospectus</strong> no<br />

provisions had been set aside for the specific risk associated with the Madoff<br />

dispute.<br />

(i) Litigation with the Italian Tax Authorities<br />

As at the Date of the <strong>Prospectus</strong>, three legal proceedings are pending with the<br />

Regional Tax Commission of Palermo regarding: (i) the challenge of the<br />

existence of a credit for an amount equal to approximately €25.6 million for<br />

corporate income tax (IRPEG) resulting from the annual tax return filed for the<br />

year 1984 by the Cassa Centrale di Risparmio V.E. per le Province Siciliane<br />

(now Banco di Sicilia); (ii) the challenge of the existence of a credit for an<br />

amount equal to approximately €21.1 million for corporate income tax (IRPEG)<br />

resulting from the annual tax return filed for the year 1984 by the Banco di<br />

Sicilia; e (iii) the challenge of the existence of a credit for an amount equal to<br />

approximately €24.3 million for corporate income tax (IRPEG) resulting from<br />

the annual tax return filed for the year 1985 by Banco di Sicilia. The overall<br />

amount challenged, also bearing in mind the interest accrued and booked, is<br />

equal to approximately €165 million.<br />

The Provincial Tax Commission of Palermo, with a ruling dated June 12, 2007,<br />

rejected the appeals filed by Banco di Sicilia. Banco di Sicilia filed an appeal.<br />

Two of the hearings took place in the month of November 2009, while another<br />

hearing is foreseen for January 22, 2010. The Company does not have<br />

knowledge of the filing date of the rulings by the Provincial Tax Commission of<br />

Palermo and it is, therefore, possible that it may occur over the course of the<br />

Offer.<br />

No provisions have been made in relation to these proceedings.<br />

From January 1, 2010, the regulations on class action came into force, as introduced<br />

by article 140- bis of Legislative Decree no. 206 dated September 6, 2005. These<br />

rules introduce compensatory protection of a collective type for consumer and user<br />

interests and relating to behaviour/deeds after August 1, 2009. Each individual who<br />

belongs to the damaged class or each individual who grants a mandate of<br />

representation to associations or committees set up in an ad hoc manner, to which he<br />

belongs, is entitled to act. The action is subject to preliminary admittance by the<br />

competent count. Consumers and/or users who intend to take part in the action must

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