In compliance with Article 28 of EU Regulation 2016/1011 – BMR (hereinafter referred to as the “BMR Regulation”) and Article 118-bis, paragraph 1 of Legislative Decree No. 385 of September 1, 1993 (hereinafter referred to as the “TUB”), introduced by Legislative Decree No. 207 of December 7, 2023 (hereinafter referred to as the “Decree”), this document represents the “Rate Replacement Plan in Indexed Products” (so-called “Solid and Written Plan”).

The plan describes the actions that Solution Bank SPA intends to take in the event of the termination or substantial change (or termination) of one of the benchmark indices (Benchmark) that it uses for parameterizing a contract, as well as how to choose the replacement indices to be used, how to include them in the pre-contractual and contractual documentation, the process of adjusting existing contracts with Clients, and how to send periodic communications.

The above plan is applied to consumer and non-consumer customers and is periodically updated and published on the Bank’s website.

Specifically, the BMR Regulations and Article 118-bis introduce specific obligations that users of financial Benchmarks (or indices) must comply with in the case of:

• Issuance and structuring of Floating Rate Indexed Financial Instruments;
• drafting of floating-rate index-linked Contracts involving transactions and services regulated under Title VI of the Consolidated Banking Act (TUB), even where they differ from those referred to in Article 3(1)(18) of the BMR Regulations*. Under the aforementioned Title VI of the TUB, Contracts with Banks and other financial counterparties are excluded.

*Art. 3(1)(18): “financial contract” means (a) any credit agreement as defined in Art. 3(c) of Directive 2008/48/EC; (b) any credit agreement as defined in Art. 4(3) of Directive 2014/17/EU. Given the above, the BMR Regulation exclusively includes consumer credit agreements and consumer credit agreements relating to residential real estate, as defined in Article 3(c) of Directive 2008/48/EC, as well as Article 4(3) of Directive 2014/17/EU. Therefore, the scope of application has been expanded by the Decree to include all Contracts having as their object transactions and services regulated under Title VI of the TUB.