Consiglio a tutti di leggere questo post
http://www.finanzaonline.com/forum/...-sulloperativita-vol-2-a-33.html#post35409904
The power of the Minister to expropriate assets of
an institution in difficulty is laid down in the new
Article 6:2 of the Law on financia
l supervision. The ECB highlights that expropriation is a severe
measure with far-reaching effects on market participan
ts. For this reason, expropriation by the State
in relation to institutions in difficulty should remain
a tool for use in clearly defined and exceptional
circumstances. The new Article 6:2(1) specifies that
the expropriation can take place if the Minister
‘is of the opinion that the stability of that system
is coming into serious and immediate risk by the
situation of an institution domiciled in the Neth
erlands’. It should be made clear that such
expropriation is a last resort measure and can only
take place if there is no other less intrusive,
equally effective measure available.
7.3 It is very important that indemnification for an
expropriation provides for a transparent valuation of
the assets, which adequately reflects market cond
itions. The new Articles 6:8 and 6:9 of the Law on
financial supervision provide that the value will be
determined by estimating the market price at the
time of the expropriation, less the amount of an
y financial support. Th
e ECB welcomes that the
new Article 6:9(2) provides for a discount of any
public financial support previously received by an
institution. Moreover, the ECB understands that
expropriation under the draft law will ultimately
not amount to a bailout or state aid.
Riassmendo in 2 parole si dice che il recovery in caso di esproprio deve essere il valore della società - i soldini che lo Stato mette
vista cosi non è una bella notizia...