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Prospectus - Notowania

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- 77 -<br />

RISK FACTORS<br />

expressly adhere to the class action by depositing their contract of adhestion in the<br />

Court Registry within the terms fixed by the judge at the admittance ruling.<br />

With a petition served on January 5, 2010, one of the companies in the Group received<br />

a request for compensation of damages connected to the abolition of the maximum<br />

overdraft commission. The action was brought through CODACONS (Co-ordination<br />

of the associations for the defence and protection of the rights of consumers) and the<br />

admittance hearing is planned for April 14, 2010 at the Court of Rome (for futher<br />

details refer to First Section, Chapter 20, Paragraph 20.8.)<br />

As at the Date of the <strong>Prospectus</strong>, some press agencies have reported the news that<br />

Adusbef (Association for the defence of banking, financial and insurance consumers<br />

and users) would be bringing a class action against UniCredit and another party<br />

relating to the mortage interest calculation method.<br />

Considering the very recent introduction of the regulations on the subject and new<br />

opportunities to act in court stated in them, it cannot be excluded that during the<br />

period of Offer and following it, petitions may be served relating to class actions<br />

brought by customers also through consumer assocations against companies in the<br />

Group. Where any collective action should be declared admissible, adhesions by those<br />

entitled are numerous and the requests accepted, negative effects on the economic,<br />

equity and/or financial situation of the Group cannot be excluded.<br />

Also as a result of the elevated level of regulations which affects the sector it operates<br />

in, the UniCredit Group is subject to the supervisory activities of the competent<br />

authorities, some of which have taken on the form of proceedings for inspection and<br />

notification of alleged irregularities which are underway as at the Date of the<br />

<strong>Prospectus</strong>. In relation to these proceedings, the Group has taken action to<br />

demonstrate the regularity of its operations and in any event believes that relevant<br />

detrimental consequences for the Group’s business cannot derive from the same.<br />

Amongst the tax assessments under way as at the Date of the <strong>Prospectus</strong>, in light of<br />

the importance of the subsidiary subject to inspection, we point out that which is<br />

taking place at the offices of the subsidiary UniCredit Corporate Banking (bank<br />

belonging to the Group that manages relations with corporate clientele) aimed at<br />

evaluating the qualitative-quantitative trend of the credit risk in the corporate segment.<br />

For further information on the proceedings associated with the measures of the<br />

supervisory authorities, reference should be made to the First Section, Chapter 20,<br />

Paragraph 20.10.<br />

4.1.15 Risks associated with surveys relating to cross-border transactions<br />

According to the matters reported by certain press bodies, the Director of Public<br />

Prosecution’s Office in Milan, in collaboration with the Tax and Finance Police<br />

Corps, has been carrying out investigations since May 2009 into the possible tax and<br />

legal implications associated with a number of financial transactions carried out by<br />

Italian companies in the UniCredit Group. As at the Date of the <strong>Prospectus</strong>, as far as

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