Determination Of The Extent Of The Contribution Due, The Meaning Of Art. 40 Of Law No 724/1994 For The Year 2015. (Deliberan. 19087).

Original Language Title: Determinazione della misura della contribuzione dovuta, ai sensidell'art. 40 della legge n. 724/1994, per l'esercizio 2015. (Deliberan. 19087).

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-02-18&atto.codiceRedazionale=15A01149&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The NATIONAL COMMISSION for companies and the stock market having regard to law No 216 June 7, 1974 and subsequent modifications and integrations; Visto l'art. December 23, 1994 Law 40, n. 724 and subsequent modifications and integrations, in which it is intended, among other things, that Consob, for the purposes of their own funding, determines in each year the amount of the contributions payable by persons subject to its supervision to it and that in the determination of these contributions shall adopt criteria for parameter setting that take into account the costs arising from all of the activities in respect of each category of subjects; Having regard to its resolutions # 18753 and n. 18754 of December 23, 2013 bearing determination, pursuant to art. 40, respectively, of the entities required to measure the contribution for the year 2014 and contribution for the same period; Having regard to its decision of December 23, 2014 19086 with which have been identified for the year 2015, the subjects required contribution; Given the need to establish, for the year 2015, the measurement of the contribution payable by the persons identified in the aforementioned resolution 19086 of December 23, 2014;
Resolution: Art. 1 measure of contribution 1. The contribution due for the year 2015, by persons specified in art. 1 of the resolution # 19086 of December 23, 2014 is determined in the following sizes: part of measure 2 in graphic format. The contribution payable by the persons referred to in article 1, point a), b), c), d), e) and f) of the resolution # 19086 of December 23, 2014 it is computed as follows: 2/1 to the subjects mentioned in letters a and d), c)) is computed at a level equal to € 3000.00 plus, for Italian banks, Poste Italiane-BancoPosta, Community Banks with branches and offices in Italy and Community Banks with or without branch office in Italy , of 1.96% of revenue from investment services, securities companies of 0.34% of revenue from investment services. Data on income from investment services to December 31, 2013 refer to financial statements closed during 2014, are taken from regulatory reporting prepared in accordance with the circular of Bank of Italy # 272 of July 30, 2008 for banks and the meaning of the circular of Bank of Italy # 148 of July 2, 1991 for securities companies. In particular, we will consider the relevant under rumors of 40924 entry for banks and voices 43962 and 43964 for societies of securities brokerage. The maximum amount of the contribution for each broker is equal to € 100,000.00; 2/2 for subjects under letters b), e) and f) is computed with reference to the number of services/activities authorized investment on the date of January 2, 2015 [excluding the management activities of MTFs under art. 1, paragraph 5, point g) of Legislative Decree No. 58/1998] in the following sizes: a) a service/investing activities: € 3000.00;
b) two services/activities of investment: € 10620.00;
c) three services/activities of investment: € 19210.00;
d) four investment services/activities: € 25990.00;
e) five investment services/activities: € 32770.00;
f) six services/activities of investment: € 42940.00. 3. The contribution payable by the persons under art. 1, letter k), of resolution No. 19086 of December 23, 2014 it is computed with reference to the financial instruments listed or admitted to trading at the date of January 2, 2015, as follows: 3/1 for uk issuers letters k1) and k2): a) the amount of the contribution for the shares is equal to a fixed fee of € 14250.00 up to £ 10,000,000 in capital, plus € 133.43 per € 500,000 over € 10,000,000 and up to £ 100,000,000 of social capital , plus € 500,000 each over € 100,000,000 107.27 of social capital. For fractions of € 500,000 its tariff is applied proportionately. From the year 2014 are exempted the actions of companies admitted to listing on the domestic stock markets, whose average market capitalization in the period between the date of commencement of trading and the last trading day of the year preceding the reference was found to be less than 500 million euros. The exemption shall apply for the first three years following the year of admission to listing;
b) the amount of the contribution for bonds is equal to a fixed fee of € 14250.00 listed for each issue;
c) the amount of the contribution for the Italian State bonds issued pursuant to art. 8 December 6, 2011 D.L., # 201 and is equal to a fixed fee of € 4050.00 listed for each issue;
d) the amount of the contribution for the warrants is equal to a fixed fee of € 14250.00 for each warrant quoted;
e) the amount of the contribution for covered warrants, certificates, for exchange traded commodities and exchange traded notes is equal to a fixed fee of € 1985.00 for each instrument traded;
f) the amount of the contribution for the shares and the shares of mutual funds, exchange traded funds, exchange trade funds and sicav issued by Italian companies and is equal to a fixed fee of € 3880.00 for each fund or for each fund listed;
g) maximum contribution measurement for each issuer is equal to € 450,000.00;
3/2 for foreign issuers referred to in point k1): a) the amount of the contribution for the shares, bonds and warrants issued is equal to a fixed fee of € 14250.00;
b) the amount of the charge for covered warrants, certificates, for exchange traded commodities and exchange traded notes is equal to a fixed fee of € 1985.00 for each instrument traded;
c) the amount of the contribution for the shares and the shares of mutual funds, exchange traded funds, exchange trade funds and sicav is equal to a fixed fee of € 3880.00 for each fund or for each fund listed;
d maximum contribution for each issuer) the measure is equal to € 450,000.00. 4. The contribution payable by the persons under art. 1) (m) m1 m2 m3) and m4))), resolution # 19086 of December 23, 2014 is determined in the following sizes: 4/1 for the investment solicitations for takeover bids and/or Exchange for which, following the approval of the prospectus or base prospectus only or tripartite or offer document, the promoter has not concluded the solicitation or public offering , is equal to a fixed fee of € 4670.00;
4/2 for the stresses of investment involving financial products that confer upon payment of a prize, the right to receive the monetary difference between the set value and the market value of the underlying activity, it amounted to € 465.00 per solicitation closed (placement of a single tranche for that meaning a single series of securities, distinctly identified, characterized by a different theoretical value preset);
4/3 for investment solicitations involving vouchers or subscription of financial products it amounted, for each solicitation, to a fixed fee of € 4670.00 plus, in the case of solicitation having equivalent exceeding € 500,000, of the 0.93357% value exceeding that amount. The maximum amount of the contribution is € 2,500,000 for each solicitation of investment;
4/4 for investment solicitations relating to financial instruments (non-equity securities) are issued in a continuous or repeated manner by banks, under art. 34-ter, paragraph 4, of Consob Regulation n. 11,971/1999, it amounted to a fixed fee of € 715.00 for each solicitation closed;
4/5 for other investment solicitations for other bids and/or voluntary public Exchange it amounted, for each solicitation or for each tender offer ended, for a fixed fee of € 4670.00 plus, in the case of an offer with value greater than € 13,000,000, the 0.03413% value exceeding that amount. The maximum amount of the contribution is € 2,500,000 for each solicitation to invest or for each tender offer and/or Exchange;
4/6 for the admission to trading of financial instruments, preceded by the publication of a prospectus is equal, for each admission, for a fixed fee of € 4670.00;
4/7 for the admission to trading in financial instruments arising from operations to business integration (mergers or demergers), preceded by the release of judgement of equivalence, it amounted, for each operation for admission to a fixed fee of € 2460.00. 5. for the purposes of calculating the contribution refers to bids pursuant to subsection 4, 5, 4/4/3 and points for consideration of the offer is the equivalent of a public offer in Italy. This value is determined by reference to the final price shown in financial product offering or in offering document and the quantity effectively collocated or purchased. For voluntary public exchange the exchange value of the operation is the value of the titles actually acquired. For the stresses to the investment involving financial bills or other financial products issued on the basis of annual emission programs the contribution is computed on the amount actually placed and still within the limits of the Total issuance programme and indicated in the prospectus or prospectus. From the year 2014 are exempted from payment of annual contribution of public offer transactions aimed at the admission to listing on regulated markets referred to previous paragraphs for which the following conditions are met: turnover, based on the approved budget for the last fiscal year represented in the prospectus, less than 300 million; public offer for subscription of at least 30% of the total. 6. The contribution payable by the persons under art. 1, letter n), of resolution # 19086 of December 23, 2014 and determined the extent of 9.16% of the amount of revenue from fees for statutory audit assignments on the financial statements and the consolidated financial statements, given in accordance with the provisions contained in part IV, title III, chapter II, section VI, of Legislative Decree 58/1998 and articles 16, paragraph 1 and 43 , paragraph 2, of Legislative Decree 39/2010. 7. The contribution payable by the persons under art. 1, letter s), of resolution No. 19086 of December 23, 2014 it is computed with reference to the financial instruments altogether treated in the following sizes: a) until # 100 financial instruments covered: € 21500.00;
b) from # 100 to # 299 financial instruments covered: € 43700.00;
c) # 300 to # 799 financial instruments covered: € 65900.00;
d) over # 800 financial instruments covered: € 88500.00. 8. The contribution payable by the persons under art. 1) (t), of resolution No. 19086 of December 23, 2014 it is computed with reference to the financial instruments altogether treated in the following sizes: a) until # 100 financial instruments covered: € 8200.00;
b) from # 100 to # 199 financial instruments covered: £ 14000.00;
c) from # 200 to # 399 financial instruments covered: € 19200.00;
d) over # 400 financial instruments covered: € 24700.00. 9. The contribution payable by the persons under art. 1) (w), of resolution No. 19086 of December 23, 2014 it is computed with reference to the number of broadcasters who have joined to each broadcasting service or storage at the date of January 2, 2015, in the following sizes: 0 to 19) broadcasters participating in the service: € 4000.00;
b) from # 20 to # 49 broadcasters participating in the service: € 6000.00;
c) from # 50 to # 99 broadcasters participating in the service: € 8000.00;
d) over # 100 broadcasters participating in the service: € 10000.00.