Change Of The Gewerbeordnung 1994 And Of The Banking Act

Original Language Title: Änderung der Gewerbeordnung 1994 und des Bankwesengesetzes

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_18/BGBLA_2015_I_18.html

18 federal law that modifies the Gewerbeordnung 1994 and the Banking Act

The National Council has decided:

Table of contents



Article 1 amendment of the Gewerbeordnung 1994 article 2 amendment to the Banking Act article 1

The Gewerbeordnung 1994 - GewO 1994, BGBl. No. 194/1994, as last amended by Federal Law Gazette I Nr. 125/2013 and the proclamations of the municipality Federal Law Gazette I no. 202/2013, Federal Law Gazette I no. 212/2013 and Federal Law Gazette I no. 60/2014, is amended as follows:

1. paragraph 53 para 3:

"(3) in the exercise of the Feilbietens in the roving pursuant to par. 1 Z 1 is always lead with the understanding about the registration in the trade information system Austria - GISA (§ 365) and to produce upon request of the governmental institutions."

2. paragraph 63 para 4:

"(4) changes of name by the trader referred to in paragraph 1 are to show within four weeks of the authority, provided that the change of name in the central civil status register nor in the central register is listed."

3. paragraph 87 paragraph 7:

"(7) the Court has the authority in the cases of paragraph 1 No. 2 and of section 85 No. 2 of the existence of the respective exclusion was immediately reported to."

The following paragraph 8 is added to § 4. 87:

"(8) the Criminal Court has the authority of a withdrawal was under par. 1 Z immediately reported to 1 fine res judicata convictions."

5. § 93 par. 2 to 5 are:

"(2) in the case of insurance agents within the meaning of § 137a - unless they are exempt pursuant to article 137 para 5 or 6 of the provisions on insurance mediation - the rest and the resumption of the commercial exercise of the authority are to show in advance; an ad in hindsight is inadmissible and invalid. The authority has receipt of communication to enter the resting in the GISA (register of insurance intermediaries); a commercial practice is prohibited during the suspension in the GISA (register of insurance brokers). During the period of the suspension in the GISA (register of insurance brokers) c, as well as the obligation to comply with the practice of the trade of related managing commitments other accounts for the requirement of liability protection after § 137. Receipt of the message of recovery, the registration of the suspension in the GISA (register of insurance brokers) by the authority is to delete, unless the trader at the same time proves the effective existence of liability protection in the meaning of § 137 c, as well as the fulfilment of all other registration requirements - with the exception of a renewed proof of the necessary qualifications of a trader or already before the rest of employed staff - effective at the latest at the end of the suspension with the message of recovery. Infringements of the provision of the second sentence, second half-sentence, are to punish Z 1 to 366, paragraph 1.

(3) in the case of real estate Trustees within the meaning of § 117 the suspension and resumption of commercial exercise of authority must be in advance; an ad in hindsight is inadmissible and invalid. The authority has receipt of communication to enter the resting in the GISA; a commercial practice is prohibited during the suspension in the GISA. During the period of the suspension in the GISA eliminates the requirement of a property-liability insurance according to section 117, paragraph 7, as well as the obligation to comply with other with the practice of the trade of related managing commitments. Receipt of the message of recovery, the registration of the suspension in the GISA by the authority is to delete, unless the trader at the same time proves the effective existence of an asset liability insurance within the meaning of section 117, paragraph 7, as well as the fulfilment of all other registration requirements - with the exception of a renewed proof of the necessary qualifications of the trader - effective at the latest at the end of the suspension of recovery with the message. Infringements of the provision of the second sentence, second half-sentence, are to punish Z 1 to 366, paragraph 1.

(4) in the case of traders, the the master builder business (§ 94 Z 5) or a part of trade from the Builder commercial exercise, are viewing the rest and the resumption of the commercial exercise of the authority in advance; an ad in hindsight is inadmissible and invalid. The authority has receipt of communication to enter the resting in the GISA; a commercial practice is prohibited during the suspension in the GISA. During the period of the suspension in the GISA eliminates the need for a liability according to § 99 paragraph 7, as well as the obligation to comply with other with the practice of the trade of related managing commitments. Receipt of the message of recovery, the registration of the suspension in the GISA by the authority is to delete, unless the trader at the same time proves the effective existence of a liability insurance policy in the sense of § 99 paragraph 7, as well as the fulfilment of all other registration requirements - with the exception of a renewed proof of the necessary qualifications of the trader - effective at the latest at the end of the suspension of recovery with the message. Infringements of the provision of the second sentence, second half-sentence, are to punish Z 1 to 366, paragraph 1.

(5) in the case of commercial investment advisers within the meaning of § 136a the rest and the resumption of the commercial exercise of the authority are to show in advance; an ad in hindsight is inadmissible and invalid. The authority has receipt of communication to enter the resting in the GISA; a commercial practice is prohibited during the suspension in the GISA. During the period of the suspension in the GISA, eliminates the need for an asset liability insurance according to section 136a, subsection 12, as well as the obligation to comply with other with the practice of the trade of related managing commitments and running off the evidence of participation in training courses in accordance with § 136a article 6 is inhibited. Receipt of the message of recovery, the registration of the suspension in the GISA by the authority is to delete, unless the trader at the same time proves the effective existence of an asset liability insurance within the meaning of § 136a paragraph 12, the fulfilment of all other registration requirements - with the exception of a renewed proof of the necessary qualifications of the trader - effective at the latest at the end of the suspension of recovery with the message. Infringements of the provision of the second sentence are to punish Z 1 to 366, paragraph 1., second half-sentence"

6 § 99 paragraph 9, second sentence, and section 117, paragraph 9, second sentence, is not available in each the phrase "responsible for maintaining the commercial register".

7. in section 99 para 10, § 117 paragraph 10, § 136a para 4 to para 6, para 9 and paragraph 10 last sentence, section 136 b of paragraph 2 and paragraph 3, section 136c, article 288 par. 3, article 339, paragraph 4 Z 1, article 340, paragraph 1 and paragraph 2, article 345, paragraph 1 and 4, § 347 para 2, the heading before section 363 and § 363 paragraph 4 chapeau and para 4 No. 1 lit. a and b is replaced by the expression "GISA" the word "Business register".

8. in article 127, paragraph 3 last sentence is replaced by the expression "GISA" the twist "central business register (§ 365 c)".

9. in paragraph 137b paragraph 7 be the expression "EU/EEA Member State" is replaced by the phrase "State party to the European economic area" and the word "Register of insurance brokers" by the expression "GISA (register of insurance brokers)".

10. in paragraph 137c para 3, § 138 para 6 and article 366, paragraph 1 Z 8 be each "Register of insurance brokers" by the expression "GISA (register of insurance brokers)" replaced.

11. in article 137c para 4 third sentence the words account for "responsible for the management of the commercial register and the register of insurance intermediaries" and section 137 c paragraph 5 is:

"(5) If a professional liability insurance policy or of any other liability protection within the meaning of paragraph 1 or 2, the authority shall immediately noted a preliminary deletion in the GISA (register of insurance brokers) and to initiate a trade withdrawal procedure and, if a new professional liability insurance or liability insurance does not immediately detected, to revoke the business licence at the latest within two months." Section 361, paragraph 2 shall not apply in this case. No suspensive effect comes to appeals against revocation notices. The commercial withdrawal procedure is to indicate in the GISA (register of insurance brokers). If an activity in another Contracting State of the EEA in the GISA (register of insurance intermediaries) is recorded (§§ 365a par. 1 Z 13 and 365 b paragraph 1 Z 10), the authority shall inform the competent authorities of the other Contracting State of the EEA by the deletion."

12 § 137d para 1 last sentence reads:

"The authority has to make the entry of the data in the GISA (register of insurance brokers)."

13. in Article 137f, paragraph 1, the word 'Commercial register number' is replaced by the expression "GISA number".

14 § 365 including heading is as follows:

"(o) trade information system Austria - GISA


§ 365. The business information system Austria (GISA) and on the basis of the register of insurance brokers as a joint information system (§ 4 Z 13 Data Protection Act 2000 - DSG 2000, Federal Law Gazette I no. 165/1999 in the currently valid version) set and run automatically. Data protection clients of GISA are the Federal Ministry of science, research and economy, the provinces and the cities with its own statute, whereby the Federal Minister for science, research and economy also the function of the operator in accordance with § 50 DSG 2000 and the city of Vienna also the function of the service provider within the meaning of § 4 Z 5 DSG 2000 exercise. The authority has to enter data about individuals and other legal entities as natural persons and the change of this data in accordance with §§ 365a and 365 b in the GISA."

15 section 365a including heading is as follows:

"Data on natural persons

section 365a. (1) the authority has to enter natural persons in the GISA, involved in the function as a business owner, advanced operating legitimate, Managing Director or Filialgeschäftsführer. With regard to the persons referred, the following data in the GISA must be entered:



1. the function of the natural person is acting, 2. family or last name and first name, 3 degrees, academic qualifications as well as stand names, 4. date of birth, 5. the exact name of the business, 6 the location of the trade licence and the locations of other premises, 7 the date of origination and the ending of the trade licence and of the beginning and the setting of the practice of the trade in a further premises , 8. specifying by whom the order of the Director or of the Filialgeschäftsführers was made, 9 begin and end the function as Managing Director or Filialgeschäftsführer, 10 the way of Fort operation, 11 the GISA number and the global location number (GLN), 12 the company and the company registration number, 13 for traders, the the industrial commercial asset management (§ 94 Z 75), if not by the extent of commercial insurance mediation is excluded , or insurance mediation, be it only as a secondary trade (§ 94 Z 76), signed, also those other States party to the EEA in which the insurance intermediary is working including the address of a foreign branch, backup from family or last name and first name of the representative of this branch, as well as the name, legal form and registration number liability companies within the meaning of § 137 c paragraph 1 or 2, as well as a note , whether pursuant to § 137 c are 1 or 2, to enter is liability protection in accordance with § 136a, subsection 12 as well as, where appropriate, either the activity as a value securities broker or tied agent, the notice of revocation proceedings and at the commercial of real estate trustee liability insurance in accordance with § 117 paragraph 7, 14 a note stating whether the commercial of insurance mediation in the form of "Insurance agent" or in the form of "Insurance brokers and consultants on security matters" is exercised is the industry in both forms is exercised, is such a notice; Commercial investment advisers, if not by the extent of commercial insurance mediation is excluded, that insurance mediation is allowed with regard to life and accident insurance as well as traders, that the insurance mediation as a minor trade, signed the note "industry"; Insurance mediation exclusively in one of the listed forms exercised, in whatever form, 15 all agency relationships of an intermediary including insurance branches, with the message to the GISA on conclusion and termination can take 16 at trader, also by the insurance companies, and also in the automation-supported form, the the industrial commercial asset management (§ 94 Z 75) if not by the extent of commercial insurance mediation is excluded , or insurance mediation, be it only as a minor trade (§ 94 Z 76), logged in have, if there is a permission to receive premiums for an insurance company, or for the customers specific amounts, the existence of this receiving permission, as well as the name of the insurance undertaking, 17 at trader, the the master builder business (§ 94 Z 5) or a the Builder trade entstammendes commercial of part of exercise the stock of a liability insurance policy in the sense of § 99 paragraph 7, , and 18 insurance intermediaries in the sense of § 137a real estate Trustees within the meaning of § 117, trader, the the master builder business (§ 94 Z 5) or exert a part of trade from the Builder trade and commercial investment advisers within the meaning of § 136a the rest and the resumption of the exercise of trade.

(2) Furthermore must be entered in the GISA:



1. the family or last name before the first marriage or the first justification of a registered partnership, 2. gender, 3. the country of birth and place of birth, 4. the residential address, 5. nationality, 6 social security number and in accordance with article 39, paragraph 4 the employer account numbers, 7 leniency notices and notices about the determination of the individual qualifications in accordance with article 19, 8 recognitions according to § 373 c and the same attitudes in accordance with §§ 373d and 373e , 9. the reasons for the ending of the trade licence and the revocation of the order to the Director or Filialgeschäftsführer, 10 to enter following data on natural persons where a procedure for declaration of individual competence to grant an indulgence of the conditions for the exercise of trades, to the grant of recognition pursuant to § 373 c or an equal attitude in accordance with §§ 373d or 373e was measured and not referred to in paragraph 1 are : a) which in paragraph 1 data referred to Z 2-5, b) outcome of the proceedings, competent authority, the date and the business number of registration.

In cases where the process ended with dismissal, rejection, prohibition of the practice of the trade, or withdrawal of the application, the authority shall delete the data from the GISA after expiry of one year after the registration.

11. in the activity sector bPK-WT unencrypted and encrypted from the business person identity and citizenship (the person) to bPK-ZP (§ 9 E-government-law E-GovG, Federal Law Gazette I no. 10/2004, amended), 12 the index register of entrepreneurs (SPA).

(3) data on strafgerichtliche convictions may not be worn in the GISA. Data on strafgerichtliche convictions may be stored at most but for three days, exclusively for official use during one of the authority of performed procedure, in the GISA.

(4) an input when the authority relates to the activity of a natural person as a business owner, advanced operating legitimate, Managing Director, Filialgeschäftsführer or empowered workers in accordance with § 37 para 1, the party of the authority has to announce the social security number of the natural person concerned.

(5) the authority shall be entitled to query the following data via automation-supported data transmission as far as capturing the data to the enforcement of trade rules is required:



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

2. from the central register of family or last name, first name, date of birth, place of birth, sex, nationality and the residential address; the permission to query the central login register includes also join queries in terms of article 16a para 3 Registration Act 1991;

3. from the criminal records data on unredeemed strafgerichtliche convictions, even if the imposed imprisonment three months or the fine does not exceed 180 daily rates;

4. contained in the database of the main Association of Austrian social insurance institutions a) social security numbers of business leaders to be ordered in natural persons referred to in paragraph 4 and employer account numbers according to this Federal Act which are workers, and b) insurance data on employment contracts; and 5 from financial criminal records data on financial crimes in accordance with article 13, paragraph 2.

The Federal Minister of the Interior is obliged, the Federal Minister for science, research and industry for the purpose of building and the leadership of GISA in an appropriate electronic form from the central register of civil status and the central register once the data about individuals, referred to in the Nos. 1 and 2 in accordance with para 1 and para. 2 Z 10 para 2 No. 3 in the GISA to enter are in accordance with § 365 and a bPK has been calculated for the ", and then from the commissioning of GISA periodically this data to submit the changes."

16 paragraph 365b together with the heading:

"Data relating to other entities as natural persons

§ 365 b. (1) who has authority to enter other entities as individuals in the GISA, a commercial in its function as a business owner or continuous operating legitimate exercise. With regard to the mentioned legal entity, the following data in the GISA must be entered:



1.

the function in which the legal entity exerts the trade, 2. the precise designation of the sector, 3. the location of the trade licence and the locations of other premises, 4. business address for deliveries, 5. the date of origination and the ending of the trade licence and of beginning and the setting of the performance of the industry in a more permanent establishment, 6 the type of Fort farm, 7 the legal form , 8 the number of GISA and the global location number (GLN), 9 the company and the company registration number or the ZVR-number, 10 at trader, the the industrial commercial asset management (§ 94 Z 75), if insurance mediation not by the volume of trade is excluded, or insurance brokerage, was it only as a secondary trade (§ 94 Z 76), have announced the names of the authorized members of the governance body (note on the register of companies), as well as those other States party to the EEA , in which the insurance intermediaries working is including the address a foreign branch, family or last name and first name of the representative of this branch as well as the name, legal form and number of saving from liability companies within the meaning of § 137 c paragraph 1 or 2, as well as an indication of whether the protection according to § 137 c paragraph 1 or 2 is to enter is also a liability insurance pursuant to section 136a, subsection 12, as well as, where appropriate, the activities as tied agents , the notice of revocation proceedings as well as in the sector of the real estate trustee liability protection in accordance with § 117 paragraph 7, 11 a note whether the commercial of insurance mediation in the form of "Insurance agent" or in the form of "Insurance brokers and consultants on security matters" is exercised is the industry in both forms is exercised, is such a notice; Commercial investment advisers, if not by the extent of commercial insurance mediation is excluded, that insurance mediation is allowed with regard to life and accident insurance as well as traders, that the insurance mediation as a minor trade, signed the note "industry"; Insurance mediation exclusively in one of the listed forms exercised, in whatever form, 12 all agency relationships of an intermediary including insurance branches, with the message to the GISA on conclusion and termination, possible also by the insurance companies, even in the form of automation-supported 13 at trader, the the industrial commercial asset management (§ 94 Z 75) if not by the extent of commercial insurance mediation is excluded , or insurance mediation, be it only as a minor trade (§ 94 Z 76), logged in have, if there is a permission to receive premiums for an insurance company, or for the customers specific amounts, the existence of this receiving permission, as well as the name of the insurance company, 14 at trader, the the master builder business (§ 94 Z 5) or a the Builder trade entstammendes commercial of part of exercise the stock of a liability insurance policy in the sense of § 99 paragraph 7, , and 15 insurance intermediaries in the sense of § 137a real estate Trustees within the meaning of § 117, trader, the the master builder business (§ 94 Z 5) or exert a part of trade from the Builder trade and commercial investment advisers within the meaning of § 136a the rest and the resumption of the exercise of trade.

(2) Furthermore must be entered in the GISA:



1. leniency notices, 2. the reasons for the ending of a trade licence, 3. following data on natural persons to whom a decisive influence on the operation of shops of a to be entered in the GISA another legal entity as a natural person shall be entitled to: a) in section 365a para 1 No. 2 to 4 these data, b) the data referred to in section 365a para 2 subpara 1 to 6 and Z 11 , c) the date of death, 4 which in paragraph 1 was 4, 7 and 9 mentioned data about other entities as natural persons to whom a decisive influence on the operation of shops of a to be entered in the GISA another legal entity as a natural person is entitled to 5 following data about other entities as natural persons, where a procedure to grant a forbearance of the conditions required for the performance of trades performed Z and not referred to in paragraph 1 to enter : a) which in paragraph 1 Z 2, 4, 7 and 9 above data, b) outcome of the proceedings, competent authority, the date and the business number of registration.

In cases where the process ended with dismissal, rejection or withdrawal of the application, the authority shall delete the data from the GISA after expiry of one year after the registration.

6. the code register of entrepreneurs (SPA)."

17 § 365 c together with heading and 365d together with the heading accounts for §.

18 § 365e paragraph 1 reads:

(1) who has authority in the section 365a, paragraph 1 and the in the § 365 b paragraph 1 referred data to inform anyone from the GISA. About the section 365a para 2 Z 1 to 8 and the data referred to in section 365 b para 2 subpara 1 is to provide information if the information satisfactorily demonstrate a legitimate interest in the information. To in section 365a par. 2 Z 9 to 12 and the data referred to in section 365b para 2 No. 2 to 6 no information shall be issued."

19. in article 365e, par. 2, first and second sentence is replaced by the phrase "the data to be entered in the GISA" the phrase "to be entered in the commercial register data from the central commercial register".

20. in section 365e, paragraph 4, the words be replaced by the expression "GISA" "central commercial register".

21 paragraph 365f together with the heading:

"Delivery and retrieval of data

§ to send the Austrian Federal Economic Chamber to be entered in the GISA data insofar as this is essential to the performance of the duties conferred by law on the Chambers of trade and industry has 365f. (1) the Federal Minister for science, research and economy.

(2) the transmission of data to be entered in the GISA between authorities with each other is permitted, as far as this is essential to carry out the tasks entrusted to them by law.

(3) the Federal Minister for science, research and economy of its federal police force according to article 336, paragraph 1 and 2 has the National Police Directorate for the purpose of carrying out tasks entrusted must be notified immediately:



1. If a commercial permission is granted the family or last name and the given name of the trader, the exact name of the business, the location of the trade licence and the locations of other premises;

2. changes in the GISA, that occur when data according to Z 1.

(4) the authority on the basis of this Federal Act or other legislation meets a pre-notification requirement on data to wearing the GISA, the authority of the pre-notification requirement through computer-assisted transmission of relevant data from the GISA comes up. The Federal Ministry for labour, Social Affairs and consumer protection takes the place of the Arbeitsinspektorates to verständigenden for automation-supported transmission of data. The authority has the relevant data from the GISA automatically to transmit as long as the recipient is technically for the automation-supported processing of data in the location.

(5) the authorities, the Austrian Federal Economic Chamber and the recipient of the data to be submitted in accordance with paragraph 4 are authorized in accordance with the technical and human capabilities to query for the data to be entered in the GISA using automation-supported data transmission. As well, the security authorities to perform their tasks within the framework of the security management and activity in the services of criminal justice are authorized in accordance with the technical and human capabilities to query for the data to be entered in the GISA using automation-supported data transmission. Furthermore is authorized, the Federal Chamber of labour in accordance with the technical and human capabilities to query for the data to be entered in the GISA using automation-supported data transmission as far as this is essential to the performance of the duties conferred by law on the Chambers of labour and the Federal Chamber of labour."

22 paragraph 365 g of paragraph 1:

"(1) the courts have to allow queries from the register of companies by means of automation-supported data processing of the authority. The data required for processing the GISA are to provide the GISA on automation-based way."

23. in § 376 Z 2 para 2 third sentence are the words "Delete in the commercial register" replaced by "Registration of the suspension of the exercise of trade in the GISA".

24 in § 376 Z 9a and Section 376 Z 52 are each the words "in the commercial registers" by the words "in the GISA" replaced.

25 § eliminates 376 Z 14e.

26 § 376 Z 16a para 1 second and third sentence read:

"Such proof is done not on time, so the authority has to initiate a trade withdrawal procedure immediately. Commercial withdrawal proceedings is to be noted in this case in the GISA."

27 § 376 Z 18 paragraph 5 is:


"(5) people, who even before January 15, 2005 permission to the commercial asset management, if not by the extent of commercial insurance mediation is excluded, to the commercial insurance agent or to the business of insurance agencies;" Adviser on security matters (related business) have owned, are committed to the authority before the expiration of six months after the entry into force of this provision to be included in the register of insurance intermediaries the existence of a professional liability insurance policy or of any other liability protection in accordance with § 137 c para 1 or 2 with a valid no later than from 15 January 2005 to prove. Such proof is done not on time, the recording is omitted and the authority has to initiate a trade withdrawal procedure immediately. Commercial withdrawal proceedings is to be noted in this case in the GISA (register of insurance brokers). If necessary, the authority shall inform the competent authorities of the Contracting State of the EEA by the deletion. "When to the asset management industry entitled where the activity of insurance mediation through the commercial scope is excluded, no inclusion in the register of insurance brokers is done."

28. in § 376 Z 18 para 6 and 7 is the phrase "register of insurance brokers and in the commercial registry" is replaced by the expression "GISA (register of insurance brokers)".

29 Z 18 the following paragraph 9 is added to article the 376:

"(9) to persons who at the time of entry into force of the Federal Act Federal Law Gazette I 18/2015 the activity of insurance mediation have performed no., is to apply Article 137f par. 1 with the proviso, that until the end three years after entry into force of the Federal Act Federal Law Gazette I no. 18/2015 instead of the own papers used in the insurance brokerage and documents the GISA number must contain the commercial register number."

30. in § 381 para 5, the expression is after the quote "section 84e" "and section 365a para 5 last sentence" added.

31. the section 382 be added following paragraph 66 to 68:

"(66) article 53, paragraph 3, section 63 para 4, § 87 par. 7 and 8, § 93 par. 2 to 5, § 99 paragraph 9 and 10, section 117, paragraph 9 and paragraph 10, section 127 subsection 3, § 136a paragraph 4 to 6 and par. 9 and 10, section 136 b para 2 and 3, paragraph 136c, § 137b of paragraph 7, section 137c par. 3 to 5, article 137d, paragraph 1, Article 137f, paragraph 1" , § 138 para 6, article 288 par. 3, article 339, par. 4 Z 1, article 340, paragraph 1 and 2, article 345, paragraph 1 and 4, section 347, para 2, § 363 (heading), § 363 paragraph 4 introductory phrase, article 363 para 4 No. 1 lit. a and b, the heading before section 365, § 365 a par. 1 to 4, § 365a par. 5 sentence, § 365 a paragraph 5 Z 3 to 5, § 365 b (including header), section 365e para 1, 2 and 4, § 365f (including header), § 365 g para 1, article 366, paragraph 1 Z 8, § 376 Z 2 para 2, § 376 Z 9 a, § 376 Z 16A para 1, § 376 Z 18 paragraph 5 to 7 , § 376 Z 18 paragraph 9 and § 376 Z 52 as amended by Federal Law Gazette I no. 18/2015 with expiration of the day of its publication in the Gazette, with 27 March 2015 at the earliest, into force; at the same time § 365 c (including header), section 365d (including title) and § 376 step Z 14e override.

(67) section 365a para 5 Nos. 1 and 2, section 365a para 5 last sentence and § 381 para 5 as amended by Federal Law Gazette I no. 18/2015 apply at the end of the day of their announcement in the Federal Law Gazette.

(68) with the entry into force of the Federal Act Federal Law Gazette I no. 18/2015 are considered references in other federal laws to the business register references to the GISA."

Article 2

The Bankwesengesetz - BWG, BGBl. No. 532/1993, as last amended by Federal Law Gazette I no. 4/2015, is amended as follows:

1 in § 21 ABS. 4 introductory reference "Z 1-3 or paragraph 5 and 6" is replaced by the reference "Z 1 to 4 or paragraph 5 and 6".

2. § 21 para 4 No. 3 is:



"3. the FMA without delay all data pertaining to the activities of credit institutions as insurance intermediaries in the trade information system Austria - GISA (§ 365 GewO 1994) to enter;" for this purpose and to carry out their supervision over the activities of financial institutions as intermediaries the FMA is to allow. a fees - and free data access to the GISA"

3. section 107 85 the following paragraph is added:

"(85) § 21 para 4 No. 3 as amended by Federal Law Gazette I no. 18/2015 with expiration of the day of its publication in the Gazette, with 27 March 2015 at the earliest, enter into force." The data that are already available at that time in the to leading on the FMA no longer decentralized commercial register for the activities of credit institutions as intermediaries are the FMA, or at the instigation of the FMA to not later than two months after entry into force of the Federal Act Federal Law Gazette I 18/2015 in the GISA No.. The FMA is the decentralized commercial register for the activities of credit institutions as an insurance agent after the expiry of two months after the entry into force of the Federal Act Federal Law Gazette I allow no. 18/2015."

Fischer

Faymann