Change Of The Gewerbeordnung 1994 And Of The Banking Act

Original Language Title: Änderung der Gewerbeordnung 1994 und des Bankwesengesetzes

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18. Federal Law, which amalgles the 1994 trade order and the banking law

The National Council has decided:

table of contents

Article 1

Amendment of the Industrial Regulations 1994

Article 2

Amendment of the Banking Act

Article 1

The Industrial Order 1994-GewO 1994, BGBl. No. 194/1994, as last amended by the Federal Law BGBl. I No.125/2013 and the BGBl rallies. I No 202/2013, BGBl. I No 212/2013 and BGBl. I No 60/2014, shall be amended as follows:

1. § 53 (3) reads:

"(3) In the exercise of the performance in the diversion pursuant to Section 1 (1) (1), the communication on the registration in the trade information system Austria-GISA (§ 365) shall always be carried forward and shall be submitted at the request of the official bodies."

2. § 63 (4) reads:

"(4) Changes to the name by the trader referred to in paragraph 1 shall be reported to the Authority within four weeks, provided that the name change is not recorded in the Central Register of Persons or in the Central Register of Melting."

Section 87 (7) reads as follows:

"(7) The insolvency court shall immediately notify the authority of the existence of the respective exclusion status in the cases referred to in paragraph 1 (2) and (2) (2) of the respective exclusion status."

(4) The following paragraph 8 is added to § 87:

"(8) The criminal court shall immediately notify the authority of the final convictions forming a decision for the withdrawal of the decision pursuant to paragraph 1 (1) (1) (1)."

5. § 93 (2) to (5) are:

" (2) In the case of insurance intermediaries within the meaning of § 137a-insofar as they are not exempted from the provisions relating to insurance mediation in accordance with § 137 (5) or (6)-the reinstatation and resumption of the commercial exercise of the authority shall be in advance ; an ad in retrospect is inadmissible and ineffective. The Authority shall, from the date of receipt of the notification, have the rest in the GISA (insurance intermediary register); a commercial exercise during the glory taken into account in the GISA (insurance intermediary register) shall be inadmissible. During the period of the fame taken into account in the GISA (Insurance Mediator Register), the requirement of a liability insurance pursuant to § 137c as well as the obligation to fulfil other persons connected with the pursuit of the business are not required. business-related obligations. From the time of the notification of the resumption, the registration of the glory in the GISA (insurance intermediary register) shall be deleted by the authority, provided that the trader at the same time as the resumption of notification of the resumption shall be the effective stock of a Liability insurance within the meaning of § 137c as well as the performance of all other registration requirements-with the exception of a new proof of the necessary competence of the trader or Before the rest of a busy employee-with effect at the latest from the end of the rest proves. Infringements of the second sentence, second half-sentence, are to be punished in accordance with § 366 (1) (1) (1).

(3) In the case of real estate deputies within the meaning of § 117, the resting and resumption of the commercial exercise of the authority shall be indicated in advance; an ad in retrospect shall be inadmissible and ineffective. The Authority shall, from the date of receipt of the notification, have the rest in the GISA; a commercial exercise during the glory taken into account in the GISA shall be inadmissible. During the period of the glory taken into account in the GISA, the requirement of an asset liability insurance pursuant to Section 117 (7) as well as the obligation to fulfil other industrial property related to the exercise of the trade are not required. Commitments. From the time of the notification of the resumption, the registration of the glory in the GISA shall be deleted by the Authority, provided that the trader at the same time as the resumption of notification of the resumption shall be the effective stock of a Liability insurance within the meaning of section 117 (7) and the performance of all other registration requirements, with the exception of a new proof of the necessary competence of the trader-with effect from the end of the Retire. Infringements of the second sentence, second half-sentence, are to be punished in accordance with § 366 (1) (1) (1).

(4) In the case of tradesmen engaged in the construction industry (§ 94 Z 5) or in the construction industry of the construction industry, the reinstatment and resumption of the commercial exercise of the authority shall be indicated in advance; an ad in retrospect shall be inadmissible and ineffective. The Authority shall, from the date of receipt of the notification, have the rest in the GISA; a commercial exercise during the glory taken into account in the GISA shall be inadmissible. During the period of the glory taken into account in the GISA, the requirement of liability insurance pursuant to section 99 (7) as well as the obligation to fulfil other commercial obligations related to the exercise of the trade are no longer required. From the time of the notification of the resumption, the registration of the glory in the GISA shall be deleted by the authority, provided that the trader simultaneously with the notification of the resumption the effective stock of a liability insurance in the sense of the § 99 (7) as well as the fulfilment of all other requirements of registration-with the exception of a new proof of the necessary competence of the trader-can be retroactive with effect at the latest from the end of its glory. Infringements of the second sentence, second half-sentence, are to be punished in accordance with § 366 (1) (1) (1).

(5) In the case of industrial property advisers within the meaning of § 136a, the resting and resumption of the commercial exercise of the authority shall be indicated in advance; an ad in retrospect shall be inadmissible and ineffective. The Authority shall, from the date of receipt of the notification, have the rest in the GISA; a commercial exercise during the glory taken into account in the GISA shall be inadmissible. During the period of the glory taken into account in the GISA, the requirement of an asset liability insurance pursuant to Section 136a (12) and the obligation to fulfil other industrial property related to the exercise of the trade are not required. Obligations and is the run-off of proof of participation in training pursuant to § 136a (6). From the time of the notification of the resumption, the registration of the glory in the GISA shall be deleted by the Authority, provided that the trader at the same time as the resumption of notification of the resumption shall be the effective stock of a Financial liability insurance within the meaning of § 136a (12), the performance of all other registration requirements-with the exception of a new proof of the necessary competence of the trader-with effect no later than the end of the Retire. Infringements of the second sentence of the second sentence must be punished in accordance with Section 366 (1) (1) (1). "

6. In § 99 (9), second sentence, and § 117 (9) second sentence, the word order is omitted. "responsible for the management of the trade register" .

7. In § 99 (10), § 117 (10), § 136a (4) to (6), (9) and (10), last sentence, § 136b (2) and (3), § 136c, § 288 (3), § 339 (4) Z 1, § 340 (1) and (2), section 345 (1) and (4), § 347 (2), the title before § 363 and § 363 4 (4) and (4) (1) (1) (lit). a and b will each be the word "Gewerberegister" by the expression "GISA" replaced.

8. In § 127, paragraph 3, last sentence, the turn shall be "central industrial register (§ 365c)" by the expression "GISA" replaced.

9. In § 137b (7) the expression "EU/EWR Member State" through the phrase "State Party of the EEA" and the word "Insurance intermediary register" by the expression "GISA (Insurance intermediary register)" replaced.

10. In § 137c (3), § 138 (6) and § 366 (1) (8), the word shall be given in each case. "Insurance intermediary register" by the expression "GISA (Insurance intermediary register)" replaced.

11. In § 137c (4), third sentence, the words "responsible for the management of the industrial register and the insurance intermediary register" and Section 137c (5) reads as follows:

" (5) In the event of a loss of professional liability insurance or any other liability insurance within the meaning of paragraph 1 or 2, the Authority shall immediately initiate a provisional deletion in the GISA (insurance intermediary register) and shall have a If a new professional indemnity insurance or liability insurance is not immediately proved to be able to withdraw the right to trade within two months, the right to withdraw from the commercial vehicle is not immediately available. Section 361 (2) shall not apply in this case. Complaints against withdrawal of education do not have a suspensive effect. The initiation of the trade-education process must be noted in the GISA (insurance intermediary register). If an activity in another Contracting State of the EEA is noted in the GISA (insurance intermediary register) (§ § 365a (1) (13) and 365b (1) (10)), the Authority shall inform the competent authorities of the other Contracting State of the EEA from the Deletion. "

12. § 137d (1) last sentence reads:

"The authority shall carry out the registration of the data in the GISA (insurance intermediary register)."

13. In § 137f (1) the word "Gewerberegisternummer" by the expression "GISA-Number" replaced.

14. § 365 with headline reads:

" o) Trade Information System Austria-GISA

§ 365. The trade information system Austria (GISA) and on the basis of which the insurance intermediary register is used as an information composite system (§ 4 Z 13 Data Protection Act 2000-DSG 2000, BGBl. I n ° 165/1999, as amended), and provided with support for automation. The Federal Minister of Science, Research and the Economy, the Federal States and the cities with their own staff regulations, the Federal Minister for Science, Research and the Economy, also the function of the Federal Minister for Science, Research and Economy, are the contracting authorities of the GISA. Operator in accordance with § 50 DSG 2000 and the City of Vienna also perform the function of the service provider within the meaning of § 4 Z 5 DSG 2000. The Authority shall enter into the GISA data relating to natural persons and other entities as natural persons and to the modification of such data in accordance with § § 365a and 365b. "

15. § 365a together with the headline is:

" Data on natural persons

Section 365a. (1) The Authority shall enter natural persons into the GISA acting in its function as a business owner, a Fortperson authorised person, a managing director or a branch manager. With regard to the persons mentioned, the following data shall be entered in the GISA:

1.

the function in which the natural person operates,

2.

Family or surname and first name,

3.

academic degrees, academic professional titles, as well as stand names,

4.

date of birth,

5.

the exact name of the trade,

6.

the location of the commercial authorization and the locations of other facilities,

7.

the date of the establishment and the completion of the commercial authorization and the commencement of, and the cessation of, the exercise of the business in a further establishment;

8.

an indication by whom the order of the managing director or the branch manager has been made,

9.

Start and end of function as managing director or branch manager,

10.

the nature of the continuing operation,

11.

the GISA number and the Global Location Number (GLN),

12.

the company and the company's book number,

13.

in the case of traders who have commercial financial advice (§ 94 Z 75), provided that the activity of the insurance mediation is not excluded by the scope of the trade, or insurance mediation, whether it is also only as a subsidiary business (§ 94 Z 76), including those other States Parties to the EEA where the insurance intermediary is active, including the address of a foreign establishment, family or surname and first name of the representative of that establishment, as well as the name, legal form and company book number of the liability In accordance with § 137c (1) or (2) and an indication as to whether the protection is carried out in accordance with Section 137c (1) or (2), a liability insurance pursuant to Section 136a (12) and, if applicable, the activity as a securities intermediaries or as tied agents, the endorsement of the opening of a withdrawal procedure and in the case of the trade of the real estate trader, a guarantee of liability in accordance with § 117 (7),

14.

an indication as to whether the business of insurance mediation is carried out in the form of "insurance agent" or in the form of "insurance brokers and advisers in insurance matters"; if the trade is carried out in both forms, such a business shall not be subject to Notice; in the case of industrial property consultants, provided that the activity of insurance mediation is not excluded by the scope of the trade, that insurance mediation is permissible with regard to life and accident insurance as well as with Traders who have registered the insurance mediation as a subsidiary (c) the words "ancancemy"; the insurance mediation shall be exercised exclusively in one of the forms mentioned, including in what form;

15.

all the agency relationships of a mediator, including the insurance branch (s), whereby the notification to the GISA can also be made by the insurance undertaking on conclusion and termination, including in the form of a form of automation;

16.

in the case of tradesmen who provide commercial investment advice (§ 94 Z 75), provided that the activity of insurance mediation is not excluded by the scope of the trade, or insurance mediation, whether or not it is also a subsidiary business (§ 94 Z 76), have registered, if there is an entitlement to receive premiums for an insurance undertaking or amounts determined for the customer, the existence of that reception authorization and the name of the insurance undertaking,

17.

in the case of a trader carrying out the construction industry (Article 94 Z 5) or a subsector in the construction industry, the holding of a liability insurance within the meaning of section 99 (7), and

18.

in the case of insurance intermediaries within the meaning of § 137a, real estate agents within the meaning of Section 117, tradesmen who carry out the construction industry (§ 94 Z 5) or a subsector originating in the construction industry, and commercial investment advisers in the The spirit of § 136a is the reinstatation and resumption of the commercial exercise.

(2) Weiters shall be entered in the GISA:

1.

the family or surname before the first marriage or before the first establishment of a registered partnership,

2.

gender,

3.

the country of birth and the place of birth,

4.

the residential address,

5.

nationality,

6.

the social security number and, in accordance with section 39 (4), the service account number,

7.

the endorsement and endorsement of the determination of the individual competence in accordance with § 19,

8.

Recognitions according to § 373c and parables pursuant to § § 373d and 373e,

9.

the reasons for the cancellation of the commercial authorization and for the revocation of the order to the managing director or the branch manager,

10.

the following data relating to natural persons, in respect of which a procedure for the determination of the individual competence, the granting of a review of the conditions for the exercise of commercial activities, the granting of recognition in accordance with Section 373c or a In accordance with § § 373d or 373e, and which are not to be entered in accordance with Section 1:

a)

the data referred to in paragraph 1 (2) to (5);

b)

Outcome of the proceedings, the competent authority and the date and number of business of the execution.

In cases where the proceedings have ended with dismissal, rejection, dismissal of the business or withdrawal of the application, the Authority shall delete the data from the GISA after the end of a year after the registration.

11.

from the business sector BPK-WT unencrypted and encrypted from the field of activity Person identity and civil rights (to person) bPK-ZP (§ 9 E-Government-Gesetz-E-GovG, BGBl. I n ° 10/2004, as amended),

12.

The Index of Enterprises Register (KUR).

(3) Data on criminal convictions may not be entered into the GISA. Data on criminal convictions may only be stored for official use during a procedure to be carried out by the authority, but not more than three days, in the GISA.

(4) Where an input to the Authority concerns the activity of a natural person as a business owner, an authorized person, a managing director, a branch manager or a skilled worker in accordance with Article 37 (1), the party shall have the authority to: The social security number of the natural person concerned.

(5) The authority shall be empowered to consult the following data by means of automation-assisted data transmission, in so far as the collection of data is necessary for the enforcement of the trade-related rules:

1.

from the central civil status register of family or surname, first name, date of birth, place of birth, sex, nationality and the date of death of the natural person;

2.

from the Central Melderegister Family or surname, first name, date of birth, place of birth, sex, nationality and residence address; the authorization to query the Central Reporting Register also includes link queries in the sense of the § § § § 16a (3) Reporting Act 1991;

3.

from the criminal record of data on unpaid criminal convictions, even if the sentence of imprisonment imposed does not exceed three months or the fine is 180 days ' rate;

4.

from the database of the main association of Austrian social insurance institutions

a)

Social security numbers of the natural persons referred to in paragraph 4 and the service account numbers of directors to be ordered under this Federal Act, who are employees; and

b)

Insurance data on service conditions; and

5.

from the financial strait register Data on financial offences in accordance with § 13 para. 2.

The Federal Minister of the Interior is obligated to the Federal Minister for Science, Research and Business for the purpose of establishing and guiding GISA in an appropriate electronic form from the Central Register of Persons and the Central Office of the Interior. Register of registers once the data referred to in the Z 1 and 2 relating to natural persons to be entered in the GISA pursuant to paragraph 1 and section 2 Z 10 and in accordance with § 365b para. 2 Z 3 and for which a bPK has been calculated, and thereafter from the start of operation of GISA periodically to transmit the changes to these data. "

16. § 365b together with the title is:

" Data relating to other entities as natural persons

§ 365b. (1) The Authority shall enter into the GISA other entities other than natural persons who carry out a business in the function of a trader or a person entitled to a continuing operation. With regard to the above mentioned entities, the following data shall be entered in the GISA:

1.

the function in which the legal entity carries out the business,

2.

the exact name of the trade,

3.

the location of the commercial authorization and the locations of other facilities,

4.

the relevant business address for deliveries,

5.

the date of the establishment and the completion of the commercial authorization and the commencement of, and the cessation of, the exercise of the business in a further establishment;

6.

the nature of the continuing operation,

7.

the legal form,

8.

the GISA number and the Global Location Number (GLN),

9.

the company and the company's book number or the ZVR number,

10.

in the case of traders who have commercial financial advice (§ 94 Z 75), provided that the activity of the insurance mediation is not excluded by the scope of the trade, or insurance mediation, whether it is also only as a subsidiary business (§ 94 Z 76), including the names of the authorized members of the management body (reference to the company's book) and those other contracting parties to the EEA where the insurance intermediary is active, including the address of a foreign branch, family name or surname and first name of the representative This branch, as well as the name, legal form and company book number, shall be liable for the liability of companies within the meaning of § 137c (1) or (2) and whether the protection is carried out in accordance with Section 137c (1) or (2) of this Directive, and if the insurance is to be registered, a Liability insurance pursuant to § 136a (12) and, where applicable, the activity as a tied agent, the endorsement of the opening of a withdrawal procedure and in the case of the trade of the real estate trader a liability insurance pursuant to § 117 (7),

11.

an indication as to whether the business of insurance mediation is carried out in the form of "insurance agent" or in the form of "insurance brokers and advisers in insurance matters"; if the trade is carried out in both forms, such a business shall not be subject to Notice; in the case of industrial property consultants, provided that the activity of insurance mediation is not excluded by the scope of the trade, that insurance mediation is permissible with regard to life and accident insurance as well as with Traders who have registered the insurance mediation as a subsidiary (c) the words "ancancemy"; the insurance mediation shall be exercised exclusively in one of the forms mentioned, including in what form;

12.

all the agency relationships of a mediator, including the insurance branch (s), whereby the notification to the GISA can also be made by the insurance undertaking and, indeed, in a form-assisted form, by way of conclusion and termination,

13.

in the case of tradesmen who provide commercial investment advice (§ 94 Z 75), provided that the activity of insurance mediation is not excluded by the scope of the trade, or insurance mediation, whether or not it is also a subsidiary business (§ 94 Z 76), have registered, if there is an entitlement to receive premiums for an insurance undertaking or amounts determined for the customer, the existence of that reception authorization and the name of the insurance undertaking,

14.

in the case of a trader carrying out the construction industry (Article 94 Z 5) or a subsector in the construction industry, the holding of a liability insurance within the meaning of section 99 (7), and

15.

in the case of insurance intermediaries within the meaning of § 137a, real estate agents within the meaning of Section 117, tradesmen who carry out the construction industry (§ 94 Z 5) or a subsector originating in the construction industry, and commercial investment advisers in the The spirit of § 136a is the reinstatation and resumption of the commercial exercise.

(2) Weiters shall be entered in the GISA:

1.

Follow-up

2.

the reasons for the denunciation of a commercial authorization,

3.

the following data relating to natural persons who have a decisive influence on the operation of the business of a legal entity to be included in the GISA as a natural person:

a)

the data referred to in Article 365a (1) (2) to (4);

b)

the data referred to in Article 365a (2) (1) to (6) and (Z),

c)

the death date,

4.

the data referred to in paragraph 1 (1) (4), (7) and (9) relating to entities other than natural persons who have a decisive influence on the operation of the business of a legal entity other than a natural person to be included in the GISA;

5.

the following data relating to other entities other than natural persons in respect of which a procedure for the grant of an inspection has been carried out under the conditions for the exercise of commercial activities and which are not to be entered in accordance with paragraph 1 of this Article:

a)

the data referred to in paragraphs 1, Z 2, 4, 7 and 9;

b)

Outcome of the proceedings, the competent authority and the date and number of business of the execution.

In cases where the proceedings have ended with rejection, rejection or withdrawal of the application, the Authority shall delete the data from the GISA after the end of a year after the entry.

6.

the Index of Enterprises Register (KUR). "

§ § § 365c with title and 365d with headline are not required.

18. § 365e (1) reads:

" (1) The Authority shall provide information to anyone from the GISA on the data referred to in Section 365a (1) and on the data referred to in § 365b (1). Information on the data referred to in § 365a (2) (1) to (8) and on the data referred to in § 365b (2) (1) shall be provided if the information advertiser makes a legitimate interest in the information credible. No information may be provided on the data referred to in § 365a (2) (9) to (12) and on the data referred to in § 365b (2) (2) to (6). "

19. In § 365e para. 2, first and second sentence, the word order shall be "the data to be entered in the business registers from the central industrial register" through the phrase "the data to be entered into the GISA" replaced.

20. In § 365e (4), the words "Central Trade Register" by the expression "GISA" replaced.

21. § 365f together with the headline is:

" Transmission and retrieval of data

§ 365f. (1) The Federal Minister for Science, Research and the Economy shall forward to the Austrian Chamber of Commerce the data to be entered in the GISA, insofar as this is carried out by law for the purpose of exercising the laws of the Chambers of the commercial economy. Tasks are an essential prerequisite.

(2) The transmission of data to be entered into the GISA between the authorities is permissible as far as this is an essential condition for the performance of the tasks assigned to them by law.

(3) The Federal Minister for Science, Research and the Economy shall immediately inform the State Police Directorates for the purpose of the performance of the duties assigned to their Federal Police pursuant to § 336 (1) and (2):

1.

in the case of a commercial authorization, the name of the family or surname and the first name of the trader, the exact name of the trade, the location of the commercial authorization and the locations of other premises;

2.

Changes in the GISA that occur with data according to Z 1.

(4) In the light of this federal law or other legislation, the Authority shall be obliged to make an obligation to understand the data to be entered into the GISA, and the Authority shall also be required to provide information by means of the automatic transmission of the data to be provided to the GISA. data from the GISA. The Federal Ministry of Labour, Social Affairs and Consumer Protection will be replaced by the work inspectorate that is to be agreed upon for automatic transmission of data. The authority shall transmit the relevant data from the GISA for automation, provided that the recipient is technically able to process the data in a way that is capable of automation.

(5) The authorities, the Austrian Chamber of Commerce and the recipients of data to be transmitted in accordance with paragraph 4 shall, in accordance with the technical and human resources available, be able to query the data to be entered into the GISA by means of automation-assisted data. Data transfer empowered. Similarly, in order to carry out their tasks within the framework of the security administration and the activities in the service of criminal justice, the security authorities shall be able to carry out a request to the GISA in accordance with the technical and human resources available to them. Data is authorized by means of automation-assisted data transmission. In addition, the Bundesarbeitskammer (Federal Chamber of Labour) is authorized, in accordance with technical and human resources, to query the data to be entered into the GISA by means of automation-assisted data transmission, insofar as this is done for the purpose of carrying out the information on the performance of the Workers and employees and the Federal Chamber of Labour and the Federal Chamber of Labour (Bundesarbeitskammer) form an essential prerequisite. "

Section 365g (1) reads as follows:

" (1) The courts have the authority to enable the authority to query from the company's book by means of automation-assisted data processing. The data necessary for the processing of the GISA shall be made available to the GISA in an automation-assisted way. "

23. In § 376 Z 2 para. 2 third sentence, the words shall be: "Deletion in the Trade Register" by the words "Registration of the glory of the commercial exercise in the GISA" replaced.

24. In § 376 Z 9a and § 376 Z 52 the words shall be "in the trade registers" by the words "in the GISA" replaced.

25. § 376 Z 14e is deleted.

26. § 376 Z 16a, para. 1, second and third sentences are:

If such proof does not take place in good time, the Authority shall immediately initiate a commercial recovery procedure. In this case, the initiation of the trade-education process should be noted in the GISA. "

27. § 376 Z 18 (5) reads:

" (5) People who are already before the 15. Jänner 2005 entitlement to commercial investment advice, provided that the activity of insurance mediation is not excluded by the scope of the business, to the commercial insurance agent or to the business insurance broker; adviser in Insurance matters (related trades) are required to hold the stock of an insurance intermediary before the expiry of six months from the date of entry into force of this provision for inclusion in the insurance intermediary register. Professional indemnity insurance or any other liability insurance pursuant to § 137c (1) or (2) with Validity no later than 15. January 2005. If such proof does not take place in time, the recording shall not be taken and the authority shall immediately initiate a commercial withdrawal procedure. In this case, the initiation of the trade-education process must be noted in the GISA (insurance intermediary register). Where necessary, the Authority shall inform the competent authorities of the Contracting State of the EEA of the deletion. In the case of commercial investment advice, where the activity of insurance mediation is excluded by the scope of the business, no admission is made to the insurance intermediary register. "

28. In § 376 Z 18 (6) and (7) the term of the word shall be "Insurance intermediary register and in the business register" by the expression "GISA (Insurance intermediary register)" replaced.

29. The following paragraph 9 is added to section 376 Z 18:

" (9) On persons who are at the time of the entry into force of the Federal Law BGBl. I n ° 18/2015 have exercised the activity of insurance mediation, § 137f (1) shall apply with the proviso that the documents and documents used in the insurance mediation shall be applied until the end of the period of three years after the date of expiry of the period of three years after the date of expiry of the Entry into force of the Federal Law BGBl. I n ° 18/2015 instead of the GISA number, the trade register number may be included. "

30. In § 381 para. 5, after the quote "§ 84e" the expression "and section 365a (5) last sentence" inserted.

31. The following paragraphs 66 to 68 are added to § 382:

" (66) § 53 (3), § 63 (4), § 87 (7) and (8), § 93 (2) to (5), § 99 (9) and (10), § 117 (9) and (10), § 127 (3), § 136a (4) to (6) and (10), § 136b (2) and (3), § 136c, § 137b (7), § 137c (3) to (5), § 137d para. 1, § 137f Paragraph 1, § 138 (6), § 288 (3), § 339 (4) Z 1, § 340 (1) and (2), section 345 (1) and (4), § 347 (2), § 363 (title), § 363 (4), § 363 (4) (1) (1) (lit). a and b, the headline before § 365a, § 365a (1) to (4), § 365a (5), Section 365a (5), (3) to (5), § 365b (including title), § 365e (1), (2) and (4), § 365f (including title), § 365g (1), § 366 (1) (8), § 376 (2) (2), § 376 (Z) 9a, § 376 Z 16a (1), § 376 Z 18 (5) to (7), § 376 Z 18 (9) and § 376 Z 52 in the version of the Federal Law BGBl (Federal Law Gazette). I No. 18/2015 will enter into force on the expiry of the day of its presentation in the Federal Law Gazans, but at the earliest with 27 March 2015; at the same time, § 365c (including headline), § 365d (including headline) and § 376 Z 14e are repeal.

(67) § 365a (5) (1) and (2), Section 365a (5), last sentence, and § 381 (5), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 18/2015 will enter into force with the end of the day of their presentation in the Federal Law Gazans.

(68) With the entry into force of the Federal Law BGBl. I n ° 18/2015 shall be references in other federal laws to the trade register as references to the GISA. "

Article 2

The Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I No 4/2015, shall be amended as follows:

1. In § 21 (4), the reference shall be made to the reference "Z 1 to 3 or (5) and (6)" by reference "Z 1 to 4 or (5) and (6)" replaced.

2. § 21 (4) Z 3 reads:

" 3.

The FMA shall immediately enter all data relating to the activities of credit institutions as insurance intermediaries in the trade information system Austria-GISA (§ 365 GewO 1994); to this end and to the exercise of its supervision over the Activities of credit institutions as insurance intermediaries are to enable FMA to access the GISA free of charge and free of charge. "

(3) The following paragraph 85 is added to § 107:

" (85) § 21 para. 4 Z 3 in the version of the Federal Law BGBl. I n ° 18/2015 will enter into force with the end of the day of its presentation in the Federal Law Gazans, but at the earliest with 27 March 2015. The data already available for the activities of credit institutions as insurance intermediaries in the decentralised trade register which is no longer to be further developed by the FMA from this date are from the FMA or at the instigation of the FMA to no later than two months after the entry into force of the Federal Law BGBl. I n ° 18/2015 to be transferred to the GISA. The FMA has the decentralized trade register for the activities of credit institutions as insurance intermediaries after the expiry of two months after the entry into force of the Federal Law BGBl. I No. 18/2015. "

Fischer

Faymann