The MINISTER of economy and finance Saw the Decree-Law no April 28, 2009 39, converted, with amendments, by law June 24, 2009, # 77, bearing ' urgent action in favour of populations affected by the earthquakes in the region of Abruzzo in April 2009 and additional emergency civil protection»; See, in particular, article. 3 of Decree-Law No 39 April 28, 2009, which among other things provides as follows: ' to meet the needs of people affected by the earthquake of April 6, 2009 in the areas identified in accordance with art. 1 are arranged, minus any insurance settlements: a) granting non-refundable contributions, even with the modalities, on a voluntary basis, the tax credit and, always on a voluntary basis, to loans guaranteed by the State, for reconstruction or repair of residential properties considered.» (comma 1, letter a);
«For the realisation of investments of national interest as per letter a) of para 1, banks operating in the territories under art. 1 may take out loans up to a maximum of 2,000 million euros, pursuant to art. 5, paragraph 7, point a), second sentence, of Decree Law September 30, 2003, n. 269, converted, with amendments, by law November 24, 2003, n. 326 in order to grant loans backed by State guarantees, for individuals, for reconstruction or repair of residential properties to buy new homes or substitute principal of main residence destroyed in the areas identified above. The State guarantee is granted by the Ministry of economy and finance, with one or more executive decrees, for the fulfilment of the main and accessory obligations assumed in relation to those individuals whose funding was granted the credit under this subsection. The State guarantee shall remain in force until the expiration of the term of repayment of each financing. Methods of provision of the guarantee, the period within which may be granted as well as the definition of the characteristics of the interventions to be financed in accordance with paragraph 1, shall be laid down by the decrees referred to in this paragraph. Any charges from enforcement of the guarantee granted under this paragraph shall be in accordance with art. 7, second paragraph, number 2), August 5, 1978, law n. 468, as amended through profit forecast unit base [3.2.4.2] State guarantees, included in the estimate of the Ministry of economy and finance "(paragraph 3); Having regard to the order of the Minister of economy and Finance of September 10, 2009, published in the Official Gazette No. 242 of October 17, 2009, issued pursuant to paragraph 3 of article. 3 of Decree-Law April 28, 2009, # 39, establishing a "criteria and conditions for granting a State guarantee on loans for the reconstruction or repair of buildings used as main dwelling destroyed or damaged by the earthquakes that occurred in the region of Abruzzo in April 2009 — the purchase of replacement property»; See paragraph 3-bis of article. 3 of Decree-Law April 28, 2009, # 39, introduced by art. 4, paragraph 8-bis of Decree-Law No 133 September 12, 2014, converted, with amendments, by law November 11, 2014, # 164, which reads as follows: «the funding contracts by banks under subsection 3 shall be assisted by the State guarantee, explicit, irrevocable, unconditional, first demand, which remains in force until the expiry of the period of repayment of each financing. By Decree of the Minister of economy and finance, to be taken within 15 days from the date of entry into force of this provision, it is granted the State guarantee referred to in this paragraph and define the criteria and methods of operation thereof. The State guarantee referred to in this paragraph is listed in the annex to the estimate of the Ministry of economy and finance in accordance with art. 31 December 31, 2009, law n. 196 "; Having regard to the Decree of the President of the Council of Ministers of April 6, 2009, bearing the Declaration of a State of emergency for earthquakes that have affected the province of L'Aquila and other towns in the region of Abruzzo on April 6, 2009 day and conferral of special Commissioner pursuant to art. 5, paragraph 4, of law February 24, 1992, n. 225 to the head of the Civil Protection Department of the Presidency of the Council of Ministers; Having regard to the orders of the President of the Council of Ministers issued pursuant to art. 1, paragraph 1, of Decree-Law April 28, 2009, # 39, converted, with amendments, by law June 24, 2009, # 77; Having regard to the Convention and its annexes, signed on July 31, 2009, as later amended, most recently on September 2, 2010, between the Cassa depositi e prestiti S.p.A. and the Italian Banking Association pursuant to art. 3, paragraph 6, of the Ordinance of the President of the Council of Ministers No. 3779 of June 6, 2009 and art. 3, paragraph 7, of the order of the President of the Council of Ministers No. 3790 of July 9, 2009; Deemed it necessary to ensure, pursuant to and for the purposes of paragraph 3-bis of article. 3 of Decree-Law no April 28, 2009 39, converted, with amendments, by law June 24, 2009, n. 77, introduced by art. 8-bis, paragraph 4, of Decree-Law No 133 September 12, 2014, converted, with amendments, by law November 11, 2014, # 164, the establishment of the criteria and the method of operation of the State guarantee provided for therein;
Decrees: Art. 1 1. The funding granted to banks by Cassa depositi e prestiti S.p.A. pursuant to art. 3, paragraph 3, of Decree-Law April 28, 2009, # 39, converted, with amendments, by law June 24, 2009, # 77, aimed at granting of soft loans for the reconstruction or repair, including through seismic improvement, residential buildings damaged or destroyed, declared unfit for use, or principal to purchase new replacement main dwelling houses destroyed in the areas identified in accordance with art. 1 of that Decree-Law No 39 of 2009 and Commissioner's Decree n. 3 of April 16, 2009 and subsequent amendments and additions, are assisted by the State guarantee referred to in art. 3, paragraph 3-bis, of the same Decree-Law No 39 of 2009. 2. The State guarantee is explicit, irrevocable, unconditional, upon first demand. 3. The State guarantee is granted to the Cassa depositi e prestiti S.p.A. and remains in force until the expiration of the term of repayment of each financing. 4. The State guarantee operates automatically in the event of default in respect of Cassa depositi e prestiti S.p.A. and ensures the fulfillment of obligations, for principal and interest, related to finance concluded in conformity to the standard agreements annexed to the agreement between the Cassa depositi e prestiti S.p.A. and the Italian Banking Association pursuant to art. 3, paragraph 6, of the Ordinance of the President of the Council of Ministers No. 3779 of June 6, 2009 and art. 3, paragraph 7, of the order of the President of the Council of Ministers No. 3790 of July 9, 2009. 5. Following the intervention of the guarantee referred to in this article, the State is subrogated to the rights of the creditor against the debtor.