Amendment Of The Registration Ordinance Zabil 1/2013 Of The Austrian National Bank (Zabil 1/2016)

Original Language Title: Novellierung der Meldeverordnung ZABIL 1/2013 der Oesterreichischen Nationalbank (ZABIL 1/2016)

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2016_II_10/BGBLA_2016_II_10.html

10 regulation of the Austrian National Bank, with the reporting regulation ZABIL 1/2013 is amended the Austrian National Bank (ZABIL 1/2016)

The reporting regulation ZABIL 1/2013 is made manifest in the Amtsblatt zur Wiener Zeitung on 19 April 2013, the Austrian National Bank, according to § 6 currency Act 2004, Federal Law Gazette I no. 123/2003 idF BGBl I no. 4/2015, amended as follows:

1. in section 1.1, the word order is "§ 6 para 1 of the Exchange Act 2004, Federal Law Gazette I no. 123/2003 idF BGBl. I no. 36/2010 (DevG 2004)" by the phrase "§ 6 para 1 of the Exchange Act 2004, Federal Law Gazette I no. 123/2003 idF BGBl. I no. 4/2015 (DevG 2004)" replaced.

2. the section 3.1.1 is as follows:

"3.1.1 registration content"

Stocks are the message content of and transactions with securities, pursuant to the document figure P1 (Appendix 4).

Regardless of the storage location of the securities are



all equity securities (excluding foreign branches), be indifferent whether she themselves kept in custody, or third party for storage are to report stocks as well as Wertpapierdepotein - and outputs of securities for domestic non-Depot leader held stocks and Wertpapierdepotein - and the outputs of securities held for foreigners along predefined Depot group.

In a reporting period through Wertpapierdepotein - or outputs a change of custodian group structure (a bond) to zero brought about, the depot stock is achieved to create a message for this security for the corresponding month in the zero."

3 in section 3.1.4, the twist is replaced by the phrase "10 days" "7 days".

4. the section 3.2 "message of genuine repurchase agreements with securities and securities lending transactions" is omitted.

5. section 3.3 "depositors message" is omitted.

6. the section 4.1.2.2 is as follows:

"4.1.2.2 other special arrangements



Receiving deposits company in accordance with article 1 lit. a-Z 2 sublit. of Regulation (EU) No. 1071/2013 of the European Central Bank by the 24 09.2013 on the balance sheet of the monetary financial institutions (ECB/2013/33) sector OJ L 297 of 7.11 2013 - in the following ECB-monetary statistics VO - are subject to the special rules on the reporting of other investments in accordance with section 4.3.

Countries and communities, in accordance with the regulation of the Federal Minister for finance on the statistics of the conduct in the public sector (management statistics-VO 2014, Federal Law Gazette II No. 345/2013, as amended) messages in a timely manner, complete, and correctly at the Federal Statistics Austria refund, fulfill their reporting duties in accordance with section 4 hereby.

Management companies (section 3 para 2 Z 1 Investment Fund Act 2011, Federal Law Gazette I no. 77/2011 as amended) as well as investment companies for real estate (§ 2 real estate investment Fund Act, Federal Law Gazette I no. 80/2003 as amended), in accordance with Regulation No. 1073/2013 of the European Central Bank of 27 July 2007 concerning statistics on the assets and liabilities of investment funds, OJ L 211 of the 11.8.2007, sign, are exempt from the message recording of other cross-border investments by investment funds according to the units 9 and 10. Other investments on its own account and name are, however, to report."

7. in section 4.2.2, the phrase "Monetary financial institutions" is inserted before the abbreviation "MFIs".

8. in section 4.2.4 the following sentence is added: "MFIs that are subject to special regulations in accordance with section 4.3, must within transport the messages 10 Bank business days from the end of the month.".

9. the section 4.3 is as follows:

"4.3 special rules on the reporting of other investments by MFIs

 

4.3.1 "notifiable

Compilation, deposits are receiving company in accordance with article 1 lit. a-Z 2 sublit. (a) the ECB monetary statistics regulation, which have their headquarters in Germany or are active in Germany through a branch office.

4.3.2 message by DI loans and DI deposits MFIs

4.3.2.1 login content

Contents of the message are all those claims and obligations which exist under the categories of loans and deposits of foreign creditors or debtors - excluding foreign MFIs and foreign banks - which direct investment relationships in accordance with section 2.

The definitions and boundaries of the asset card (VERA V pursuant to § 74 BWG) for determining the reporting relevant foreign investments and equity, shall be applied. Those foreign creditors or debtors, which will be reported in the context of asset ID as cross-border investment and equity are affected in this case.

The message is divided into reports of assets and liabilities of MFIs, other investment against foreign companies, subdivided into deposits and loans, in accordance with annex 14.

4.3.2.2 reporting limit

The message of DI loans and DI deposits by MFIs is subject to any reporting limit.

4.3.2.3 notification period

The message is to repay every month. The registration deadline is the last day of the month. The message is to reimburse up to the 10th business day of the following month at the latest.

"4.3.3 message additional content for purposes of foreign trade statistics"

4.3.3.1 login content

Are the contents listed in annex 15 to register.

4.3.3.2 reporting limit

The message of this content is subject to any reporting limit.

4.3.3.3 period

The message is to repay every month. The registration deadline is the last day of the month. The message is to reimburse up to the 10th business day of the following month at the latest."

10. in section 5.2.2, the word order is "for calculating their solvency in accordance with § 22 para 6 BWG" by the phrase "to the calculation in accordance with article 274 of the Regulation (EU) No. 575/2013, OJ" L 176 of 26 June 2013 of the European Parliament and of the Council - in the following CRR-"replaced."

11. in Appendix A in the definition "Securities account group" accounts for:



a) in the second paragraph the parenthetical expression "and accompanying securities and outputs" b) in the third paragraph the depot group "D03 - depots to (own) genuine repurchase agreements securities and securities lending transactions"



c)



the last sentence of the penultimate paragraph, as well as the last paragraph.



12 in Appendix A in the definition "Foreign direct investment" is the phrase "in the part A1b (investments and equity) of the assets, success and risk statements (section 74 BWG)" by the phrase "pursuant to article 4 paragraph 1 Z 35 CRR" replaced.

13. in annex, (A) in the definition of "Financial derivatives" is the phrase "special off-balance sheet financial transactions in accordance with Annex 2 to section 22 BWG" is replaced by the phrase "Derivatives in accordance with Annex 2 of the CRR".

14. in annex (A) in the definition "Domestic custodian Guide" is the enumeration

 

"Domestic custodian guide include:"



"Domestic MFIs, excluding money market funds domestic credit institutions within the meaning of § 1 BWG which are not MFIs, but perform the custody and administration of securities for others (deposits - article 1, paragraph 1 Z 5 BWG) domestic branches of investment firms in accordance with section 9a of the BWG domestic branches of credit institutions and financial institutions from Member States (articles 9 and 11 BWG), the custody and administration of securities for others (deposits - article 1, paragraph 1 Z 5 BWG) perform."

 



the enumeration



"Domestic custodian guide include:"



Domestic MFIs, excluding money market funds.

Domestic credit institutions within the meaning of § 1 Banking Act which are not MFIs, but perform the custody and administration of securities for others (deposits - article 1, paragraph 1 Z 5 BWG).

Removal units pursuant to § 2 Z 56 BaSAG which perform the custody and administration of securities.

Domestic branches of investment firms in accordance with § 12 WAG which the custody and administration of securities for others (deposits - article 1, paragraph 1 Z 5 BWG) perform.

"Domestic branches of credit institutions and financial institutions from Member States (articles 9 and 11 BWG), the custody and administration of securities for others (deposits - article 1, paragraph 1 Z 5 BWG) perform."



replaced.



15 the list is in Appendix A in the definition "Monetary financial institutions (MFIs)"

 

"Monetary financial institutions (MFIs) include:"



in the euro area resident credit institutions within the meaning of article 4 paragraph 1 of Directive 2006/48/EC and electronic money institutions within the meaning of directive to grant all other resident in the euro area financial institutions within the meaning of Community law, whose economic business of which is to receive deposits and deposit substitutes in the narrower sense of other economic subjects as MFIs and credits for its own account (at least in the economic sense) 2000/46/EC or in securities to invest."



the enumeration



"Monetary financial institution (MFI) is an area-based company from one of the following sectors:"



1. central banks;

2. other MFIs; These include a) were a receiving company: i) credit institutions referred to in article 4 paragraph 1 No. 1 of the Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 through prudential requirements on credit institutions and investment firms, and receiving ii) other deposits company as credit institutions, the -.

other financial institutions within the meaning of the law of the Union are, which in its main function have financial intermediation and whose business activity is, deposits and deposit substitutes in the narrower sense of institutional units (their association with MFIs is determined according to the substitution ability between the financial instruments issued by other MFIs and deposits placed with credit institutions) to accept not only of MFIs, and loans on their own account, at least in economic terms , to grant and/or investments in securities to make or - E money institutions, whose main purpose is to exert financial intermediation through the issuance of electronic money;

b) money market funds within the meaning of Regulation (EC) 1071/2013 article 2 the ECB monetary statistics VO.

"Berichtspflichtiger" and "Resident" have the same meaning as in article 1 of Regulation (EC) No. 2533/98 ".



replaced.



16. in Annex B, Appendix 2 is replaced by following installation:





Message master data active DI participations abroad





D2 Appendix 2







Information to the residents/indicators:







OeNB ID number





 







Company according to company/name, surname and date of birth





 







Address (Street, postal code, City)





 







Details of the DI companies:







OeNB ID number





 







Company name





 







Address (Street, postal code, City)





 







Country





 







Tax or corporate registration number





 







Legal form





 







NACE 2008





 







Description of core function





 







Type of business





 







Details of participation:







It is a direct or indirect participation?





 







Subject of participation





 







Is this participation a Refoundation of the company?





 







Year of initial participation





 







If the purchase of beneficial interests in a foreign company, it is the domestic seller here is to specify:







Company name/first name, last name





 







Address (Street, postal code, City)





 







Country





 







Tax or corporate registration number





 







17. in Annex B, Appendix 3 is replaced by following installation:





Message master data passive DI investments from abroad





D3 system 3







Information to the residents/indicators:







OeNB ID number





 







Company name





 







Address (Street, postal code, City)





 







The foreign direct investor information:







OeNB ID number





 







Company name/first name, last name and date of birth





 







Address (Street, postal code, City)





 







Country





 







Tax or corporate registration number





 







NACE 2008





 







Description of core function





 







Type of business





 







Details of participation:







It is a direct or indirect participation?





 







Subject of participation





 







Is this participation a Refoundation of the company?





 







Year of initial participation





 







If the purchase of share rights in a domestic company, it is the foreign seller here is to specify:







Company name/first name, last name





 







Address (Street, postal code, City)





 







Country





 







Tax or corporate registration number





 







18. in Annex B, Appendix 4 is replaced by following installation:





Securities custodian Declaration for domestic deposit Guide





P1 system 4







Information to the residents/indicators:







OeNB ID number





 





 





 





 





 







Details of the message:







Registration period





 





 





 





 





 







License plate replacement /.

Completion message





 





 





 





 





 







Depot group





 





 





 





 





 







Home State depositors





 





 





 





 





 







Columns





1





2





3





4







Security number ISIN-code





 





 





 





 







Internal security ID number





 





 





 





 







Nominale - / play indicator





 





 





 





 







Inputs with equivalent *.





Nominal / piece





 





 





 





 







Euro value





 





 





 





 







Accrued interest





 





 





 





 







Inputs without equivalent *.





Nominal / piece





 





 





 





 







Inputs without status change *.





Euro value





 





 





 





 







Outputs with equivalent *.





Nominal / piece





 





 





 





 







Euro value





 





 





 





 







Accrued interest





 





 





 





 







Outputs without equivalent *.





Nominal / piece





 





 





 





 







Output status change *.





Euro value





 





 





 





 







Depot Group booth





Nominal / piece





 





 





 





 







Nominal / piece

thereof-short





 





 





 





 







Market value in EUR





 





 





 





 







Nominal paper currency of value of





 





 





 





 





















 



* Inputs or outputs are reportable only for customer deposits






19. in Annex B, the annex 6 (notification of securities - and outputs and positions to genuine repurchase agreements with securities and Werpapierleihe transactions, P3) is eliminated.

20. in Annex B, the unit 4a (depositors message for domestic custodian Guide, P6) is eliminated.

21 in Appendix B, annex 14 is replaced by the following system:





Message DI loans and DI deposits MFIs






Annex 14







Information to the residents/indicators:







OeNB ID number





 







Information about the foreigners:







OeNB ID number





 







Details of the message:







Registration period





 







Original currency





 







License plate replacement message





 







Registration mode (type of lending or non-transaction-related changes)





Inventory at the end of the reporting period or transaction-related changes







Loans to non-MFIs non-banks with maturity up to 1 year





 







Loans to non-MFIs non-banks with maturity up to 1 year,

thereof due daily





 







Loans to non-MFIs non-banks with maturity of over 1 year 5 years up to





 







Loans to non-MFIs non-banks with maturity over 5 years





 








Loans to non-MFIs non-banks, which reverse of repos





 







Loans to non-MFIs non-banks, thereof the overdue loans





 







Non-transaction-related changes in loans compared to the previous month due to write-downs of all titles to MFIs or banks





 







Non-transaction-related changes in loans compared to the previous month due to write-downs of all titles compared to non-MFIs or non - banks





 







Registration mode (type of deposit or non-transaction-related changes)





Inventory at the end of the reporting period or transaction-related changes







Deposits of non-MFIs non-banks, overnight deposits





 







Deposits of non-MFIs non-banks with agreed binding period up to 1 year





 







Deposits of non-MFIs non-banks with agreed binding period over 1 year to 2 years





 







Deposits of non-MFIs non-banks with agreed binding period for 2 years





 







Deposits of non-MFIs non-banks at notice up to 3 months





 







Deposits of non-MFIs non-banks with a notice period of 3 months to 1 year





 







Deposits of non-MFIs non-banks with notice period over 1 year to 2 years





 







Deposits of non-MFIs non-banks at notice over 2 years





 







Deposits of non-MFIs or non-banks, repos





 







22 in Annex B, the annex 15 is replaced by the following system:

 

"Annex 15

Additional content for purposes of foreign trade statistics

Following indicators are to report loans and deposits:



Loans to international organizations with the maturity up to 1 year from this daily due over 1 year to 5 years over 5 years.

as well as with the other sub positions reverse of repos overdue loans.

Reverse repos (claims from genuine repurchase agreements) each under the category "Other sub positions" in the blocks of "Lending to MFIs in EU Member States", "Loans to non-MFIs in EU Member States", "Lending to banks in non-EU countries", "Loans to non-banks in non-EU countries".

Overdue loans under the category "Other sub positions" in the blocks of "Lending to MFIs in EU Member States", "Loans to non-MFIs in EU Member States", "Lending to banks in non-EU countries", "Loans to non-banks in non-EU countries".

Sites of international organisations with the deposit types daily maturing deposits with agreed binding period up to 1 year over 1 year up to 2 years over 2 years notice up to 3 months over 3 months up to 1 year over 1 year up to 2 years over 2 years repos.

All loans and deposits are structured to report that ISO currency code according to the two-digit ISO country code of the home state of the other party, as well as the."

23 entry into force:

The amendment orders in accordance with Nos. 21 and 22, Z 1, Z 6-10 and Z 12 to 17 enter into force on the 1.4.2016 and are applicable 30.4.2016 for the first time on messages at the reporting date.

The amendment orders in accordance with Z step 2 and 3, as well as Nos. 11 and 18 at the 1.9.2016 in force and are applicable 30.9.2016 for the first time on messages at the reporting date.

The amendment orders in accordance with Nos. 4 and 19 of the 1.9.2016 into force; Reports pursuant to section 3.2 of the reporting regulation ZABIL are 1/2013 in the original version last logon date 31.8.2016 to reimburse.

The amendment orders in accordance with Nos. 5 and 20 at the 1.1.2017 into force; Messages in accordance with requirements of section 3.3 of the reporting regulation ZABIL are last time to refund the registration date filled 1/2013 in the original version.

Novotny Ittner