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Prospectus - Notowania

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- 84 -<br />

RISK FACTORS<br />

implementation of further measures with respect to the requirements laid down by<br />

Basel II, which could lead to a tightening of the capital requirements envisaged at<br />

present as well as the introduction of additional requirements or limits.<br />

In this scope, the Basel Committee for bank supervision on December 17, 2009,<br />

published two consultation documents in regards to proposals for amendment to the<br />

prudential regulations on the subject of capital and liquidity of banks. Based on the<br />

comments received and the evidence gathered, the Basel Committee shall make the<br />

necessary amendments to the proposals and could enact the final version within the<br />

end of 2010. Prior to the acknowledgement on a national level, the rules shall form the<br />

subject matter of the customary process of legislative revision on behalf of European<br />

institutions. Amongst the intentions of the Basel Committee, the entry into force of the<br />

new regulations is expected within the end of 2012.<br />

If the capital requirements, restrictions on liquidity or ratios applicable to the Group<br />

are increased on the basis of laws and/or regulations which will be adopted in the<br />

future (including laws and/or regulations laid down by Basel II, as in case of<br />

amendments subsequent to the recent proposals of the Basel Committee), it cannot be<br />

excluded that the Group will register difficulties in adapting itself to these new<br />

requirements, leading to possible negative effects on the activities, the financial<br />

positions, the cash flow and the operating results of the UniCredit Group.<br />

For further information on the main legislation which disciplines the activities of the<br />

Issuer, reference should be made to the First Section, Chapter 6, Paragraph 6.1.3.<br />

4.2.4 Risks associated with the reduction of the support for the liquidity of the system<br />

by governments and central authorities<br />

In light of the negative trend of the external scenario during most of 2009 as well, the<br />

generalized climate of mistrust relating to funding on the interbanking market remains.<br />

Globally, this scenario has made the intervention of the Government authorities and<br />

the national central banks necessary, so as to support the banking system in its<br />

entirety, and has lead some of the leading banks at European and global level to resort<br />

to the central institutes so as to deal with the short-term liquidity requirements. This<br />

form of finance has been made technically possible if supported by the presentation of<br />

securities guaranteeing the same, considered as suitable by the various central banks.<br />

What is more, there is no certainty that the adopted measures will be effectively<br />

sufficient for increasing the liquidity of the banks over the long-term as well and there<br />

is no certainty with regard to the fact that these measures will continue to be available<br />

in the future and under what conditions.<br />

The inability to raise this liquidity on the market by means of access to the central<br />

banks against the presentation of suitable guarantees or the significant reduction in or<br />

lack of the support for the liquidity of the system by governments and central<br />

authorities could generate greater difficulties in raising liquidity on the market and/or<br />

greater costs associated with recourse to this liquidity, with possible negative effects<br />

on the activities, financial positions and operating results of the UniCredit Group.

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