Decree Law 27 October 2011 174 - Ratification Decree - Law 11 October 2011 169 - Urgent Measures To Support Operations Of A Protection Of Savings

Original Language Title: Decreto Legge 27 Ottobre 2011 N.174 - Ratifica Decreto – Legge 11 Ottobre 2011 N.169 - Misure Urgenti A Sostegno Di Operazioni A Tutela Del Risparmio

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urgent measures SAN MARINO DECREE 27 October 2011 n.174 (Ratification Law Decree 169 of October 11, 2011) We the Captains Regent of the Most Serene Republic of San Marino Since the Decree Law 169 of 11 October 2011 - "Urgent measures in support operation in the protection of savings ", promulgated: Given the necessity and urgency conditions in art. 2, paragraph 2, point b) of the Constitutional Law 15 December 2005 n. 183 and art. 12 of the Qualified Law 15 December 2005 n. 184 and in particular the necessity and the urgency of ensuring the public interest in the protection of savings and, consequently, the stability of the banking sector in San Marino, through support for unavoidable system operations to protect depositors; Given the decision of the Congress of State # 1 adopted at its meeting of 11 October 2011; Given the amendments to the above Decree in connection with ratification of the same by the Great and General Council at its meeting on 26 October 2011; Having regard to Articles 8 and 9, paragraph 5, of the Qualified Law n.186 / 2005; We promulgate and publish the definitive text of Decree Law 169 of 11 October 2011 as amended as a result of the amendments approved by the Great and General Council at the time of ratification: URGENT MEASURES IN SUPPORT OF OPERATIONS FOR THE PROTECTION OF SAVINGS Art. 1 this decree establishing instruments in support of the safeguarding system operations of savings and the stability of the banking system compared to the start of administrative compulsory winding-up procedures for banks. The lenders, in connection with transactions authorized by the Central Bank, acquired the assets and liabilities of financial entities Sammarinese places being wound up may access the tax benefits described in Article 2 and to the credit facilities described in Article 4. The maximum extent of the tax benefits for each member bank transaction is equal to the amount of any negative balance resulting from the difference between the assets and liabilities acquired at the acquisition date. The aforesaid amount is adjusted annually increase or decrease during the time period set forth in Article 3 on account of the losses incurred on the actual realization of the assets sold. For the determination of the loss will take into account any utilities that may arise to the transferee banks as part of the sales in the period or as a result of the actions of liability and damages even after the deadline laid down in Article 3. 1 2 The State , by means of the most excellent Chamber of the Republic of San Marino, and / or ceding banks, jointly and severally, for the purposes of this decree-law, they are treated to every effect to the company's creditors and were therefore entitled to exercise the ' liability action under Article 56, paragraph 4, of Law 47 of February 23, 2006 and subsequent amendments and additions, without affecting the enforceability of additional shares, including responsibilities of Law n.165 / 2005. Art. 2 The banks that participate in the operations referred to in Article 1, except as provided for in the third paragraph of the same article, are entitled to a tax rebate to be used: a) the payment of compensation payable by the bank on its income; b) a compensation payment to the State of withholding applied pursuant to Article 39 of Law 91 of October 13, 1984 and subsequent amendments made by the bank as the withholding agent. The application of the aforementioned benefits were taken into account in the determination of the estimated revenue on the State Budget. Art. 3 The banks referred to in Article 1 may equally make use of the tax relief provided for in Article 2 in the following ways: - for the first six fiscal years including that in which the transaction takes place in Article 1: up to the competition, of each year, 15% of the total amount of benefits payable to them; - For the subsequent fiscal years until the competition, of each year, 5% of the total amount of benefits payable to them and up to full utilization. The shares referred to in the previous paragraph are adjusted on the basis of any adjustment referred to in Article 1, third paragraph. The use of the benefits must be indicated in the statement of income and in the statement of withholding tax relating to each fiscal year. Art. 4 In support of the transferee banks referred to in Article 1 and with regard to existing tensions
Liquidity of redemptions that the banks themselves might incur for liabilities acquired as part of the above operations, the Central Bank may grant credit facilities commensurate with their real cash requirements and subject to the submission of adequate collateral. Except as provided in the preceding paragraph, the aforementioned loans will be secured by the State guarantee to the maximum of 50% of the liabilities acquired and not exceeding the amount of the loan disbursed. The rules for issuing of the guarantee referred to above shall be provided for by regulations of the State Congress. Art. 5 The acts of disposal of the assets and liabilities to banks as part of the transactions referred to in Article 1, and any subsequent acts of transfer of the assets to the company 3 vehicle, or mutual funds, to facilitate the realized gains are exempt from registration fees, stamp duty, transcription and perfecting. The Secretariat of State for Finance and Budget will establish, by circular, application specific provisions of this Decree in view of the elements of contracts for the purchase of the assets and liabilities referred to in Article 1. As at Our Residence, this day of October 27 2011/1711 THE CAPTAINS REGENT Gabriele Gatti - Matteo Fiorini THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta

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