Banking Foundations. Measurements Of The Provision To The Escb'sminimumreserves System And The Accrual Sheet Optional Perl 2014 Period.

Original Language Title: Fondazioni Bancarie. Misure dell'accantonamento alla riservaobbligatoria e dell'accantonamento patrimoniale facoltativo perl'esercizio 2014.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-03-27&atto.codiceRedazionale=15A02320&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The DIRECTOR GENERAL of the TREASURY having regard to law no 461 December 23, 1998, delegating to the Government for the reorganization of civil and tax discipline of institutions conferring under art. 11, paragraph 1, of Legislative Decree No 356 November 20, 1990, fiscal discipline and bank restructuring operations; Having regard to the Legislative Decree May 17, 1999, n. 153, recante disciplina civil and tax institutions conferring under art. 11, paragraph 1, of Legislative Decree No 356, November 20, 1990 and fiscal discipline bank restructuring operations, in accordance with art. 1 December 23, 1998, law No. 461; Visto l'art. 10, paragraph 1, of Legislative Decree No 153 May 17, 1999, under which "the supervision of foundations is attributed to the Treasury, budget and economic planning", now the Ministry of economy and finance; Visto l'art. 8, paragraph 1, point c) of Legislative Decree No 153 May 17, 1999, under which the extent of the provision to the reserve requirement is determined by the supervisory authority; Visto l'art. 8, paragraph 1, point e) of Legislative Decree No 153 May 17, 1999, under which the supervisory authority can predict facultative reserves; Having regard to the decision of the Minister of the Treasury, budget and economic planning of the April 19, 2001, published in the Gazzetta Ufficiale della Repubblica italiana, n. 96 of April 26, 2001, bearing the indications for the drafting, by the banking foundations, the financial statements for the year ending December 31, 2000, issued pursuant to art. 28, paragraph 5, of Legislative Decree No 153 May 17, 1999; Having regard to the decrees of March 26, 2002, March 27, 2003, March 25, 2004, March 15, 2005, March 13, 2006, March 23, 2007, March 20, 2008, March 11, 2009, April 13, 2010, April 7, 2011, March 26, 2012, March 25, 2013 and April 15, 2014 by which the supervisory authority, in accordance with the provisions set out above, proceeded to lay down the provisions on the measures required reserves and the reserve for the integrity of heritage for the years 2001-2013; Given the need to determine the extent of the provision to reserves for the year 1 January 2014-31 December 2014; Given the opportunity to allow a provision optional, additional asset than required, aimed at protecting the integrity of the property and set the maximum limit allowed; Given the opportunity, in exceptional cases in which previous deficits, foundations devote priority part of the surplus for the year to cover such deficits, taking into account the needs of both save valuable resources, both to ensure continuity in institutional activities; Considering that it is in the course of preparing the regulation referred to in art. 9, paragraph 5, of Legislative Decree No 153 May 17, 1999;
Decrees: Art. 1 1. In preparing the financial statements for the year 2014, Bank foundations comply with the provisions of decision of the Minister of the Treasury, budget and economic planning of the April 19, 2001. 2. In these regulations for the year surplus means that resulting from application of the provisions of decision of the Minister of the Treasury, budget and economic planning of the April 19, 2001. 3. The allocation to the reserve requirement in art. 8, paragraph 1, point c) of legislative decree May 17, 1999, n. 153, is determined for the year 2014, as far as twenty percent of the surplus for the year, net of any destination in accordance with art. 2, paragraphs 1 and 2. 4. The sole purpose of preserving the value of the assets, Bank foundations may make, for the same financial year, with motivated act, a provision to reserves for the integrity of assets to an extent not exceeding fifteen per cent of the surplus for the year, net of any destination in accordance with art. 2, paragraphs 1 and 2, without prejudice to the provisions of art. 2, paragraph 3.