GENERAL MEETING DRAFT - Bankier.pl

On October 2, 2009, the receivership of Fin.Part subpoenaed in the Court of Milan UniCredit Corporate
Banking S.p.A. (as the party of the former Credito Italiano) in order that (i) the invalidity of the “payment”
of �46 million made in September 2001 by Fin.Part to the former Credito Italiano be recognised and
consequently, (ii) the defendant be sentenced to return said amount in that it relates to an exposure
granted by the bank as part of the complex financial transaction under dispute in the prior proceedings.
UniCredit S.p.A., also based on the information supplied by their legal counsel, believes the claims are
groundless and/or lacking from an evidence viewpoint, consequently, also bearing in mind that the
proceedings are in their initial stages, no provisions have presently been made.
Seanox Oil P.T.
In 2004, Seanox Oil P.T., with registered office in Jakarta, made a decision to liquidate (through Branch
26 in Milan of the former Banca di Roma) 2 certificates of deposit that were apparently issued by UBS for
a total amount of USD 500 million (USD 300 million and USD 200 million).
The aforementioned company instituted proceedings against the former Banca di Roma S.p.A., claiming it
had suffered unjust loss deriving from the alleged illicit delivery to UBS Bank of Zurich of one of the
certificates, that of the certificate having a face value of USD 200 million, which having proved to be false,
was withdrawn by UBS Zurich.
Accordingly, the plaintiff requested compensation for damages for the notional value of the certificate of
deposit held by UBS, or USD 200 million, equivalent to �158 million.
The bank duly appeared in court to dispute the reconstruction of events and requested that the petition be
wholly rejected in that it is unfounded in law and in fact. Following a number of recent restructuring
transactions by UniCredit Group, the disputed right behind the case was transferred to UniCredit Banca
S.p.A.
In the hearing on November 18, 2009, the attorney assisting the Bank demonstrated the falsity of the
certificate at issue. The outcome of the hearing was that the Court ruled for the rejection of all of the
preliminary evidentiary proceedings and adjourned the hearing to February 2, 2011 for further
specification of the allegations.
For this reason, a provision has been made for an amount consistent with the risk of the lawsuit.
Mario Malavolta
In July 2009, Mario Malavolta, on his own behalf and as legal counsel and director of Malavolta Corporate
S.p.A. and its subsidiaries and associates, sued UniCredit S.p.A. for compensation for damages
(approximately �135 million) allegedly due to illicit behaviour on UniCredit S.p.A.’s part. Furthermore, the
petitioner requests the confirmation of the improper application of interest on its current accounts held by
the aforementioned company.
The defendant named in this action is UniCredit Corporate Banking S.p.A..
The petitioner disputes the conduct by the defendant during the period 2006-2007, maintaining that
improper involvement by the bank in the decision-making processes of Malavolta Group companies
allegedly prevented the restructuring processes and caused significant financial burden (currently the
companies of Malavolta Group are insolvent and under bankruptcy proceedings).
The facts and circumstances described above also allegedly resulted in significant damages to Mario
Malavolata in his role as shareholder and director of Malavolta Corporate S.p.A. and its subsidiaries.
As preliminary defenses, the Bank has alleged that the plaintiff lacks standing and interest in the matter.
On the merits, as a subordinate alternative, it has alleged that the complaints lack grounds and are
excessively broad, not supported by the documents produced on the record.
The proceedings are in the initial phases and no provisions have presently been made.
2009 CONSOLIDATED REPORTS AND ACCOUNTS
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