Determination Of Flow-Weighted Average Return For Bunds (Udrbg), As Well As Change Of The National Bank Act 1984, 2010 Sanction Act And The Currency Act Of 2004

Original Language Title: Ermittlung der Umlaufgewichteten Durchschnittsrendite für Bundesanleihen (UDRBG) sowie Änderung des Nationalbankgesetzes 1984, des Sanktionengesetzes 2010 und des Devisengesetzes 2004

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_4/BGBLA_2015_I_4.html

4. Federal law, enacted a federal law on determining the current weighted average yield for German Government bonds (UDRBG) and the National Bank Act 1984, 2010 sanction law and the Foreign Exchange Act 2004 changed with the

The National Council has decided:

Article 1

Federal Act relating to determining the current weighted average yield for German Government bonds (UDRBG)

Replacement of the SMR-Bund by the UDRB in federal laws and regulations

§ 1. As far as the secondary market yield is used as a reference in federal laws or regulations Federal (SMR-Bund) in this or a different name, the current weighted average yield their place with 1 April 2015 advocates bunds (UDRB).

Replacement of the SMR-Bund by the UDRB in private law agreements

Section 2 (1) in private agreements, which reference the SMR-Bund in this or a different name, is the UDRB 1 April 2015 in its place.

(2) agreements that have been concluded before 1 April 2015, the UDRB taking a correction value to be determined by the Austrian National Bank (OeNB) by regulation applies.

(3) the OeNB has to adopt the regulation on the setting of the correction value at the latest with the first release of UDRB. The regulation is published in the Federal Law Gazette and to publish on the website of the Austrian national library.

(4) paragraphs 1 and 2 shall not apply if the parties for eliminating the SMR Federal have agreed otherwise or settle.

Calculation and publication of the UDRB

3. (1) the OeNB has from 1 April 2015 to calculate the UDRB for every Austrian banking and to publish on its website a week later.

(2) the euro - Government bonds issued under Austrian law of the Republic of Austria with a fixed interest rate and a maturity of over one year are the calculation of the UDRB to use. The UDRB is to make out with the outstanding nominal weighted average yields of these bunds. Consulted for this average yields are calculated due date based on transaction volume weighted average prices. The FMA from its regulatory activities make the basis acquired transaction data.

(3) the FMA has a week to make the necessary for calculating the UDRB anonymous transaction data pursuant to par. 2 of the OeNB. The data underlying the calculation are not to publish by the OeNB.

(4) it is the Austrian national library in particular due to the unavailability of the data underlying the calculation of the UDRB, not possible to calculate the UDRB or to publish, the OeNB has to immediately do the calculation and publication of the UDRB after eliminating these factors or to resume.

(5) the OeNB has the details of the conditions referred to in paragraph 2, to publish in particular the calculation method of the UDRB and the description of the underlying data on its website.

Use the UDRB

§ 4. Should be available on a date established by federal laws, regulations, or private agreements no value, shall, unless the parties have agreed otherwise or agree to consult the last available value as an indicator prior to this date.

Establishing a correction factor for the SMR issuers overall, the SMR domestic issuers and the SMR domestic non-banks

§ 5 (1) in addition to the SMR Federal be by applying the provisions of this Federal Act also the secondary market yields total issuers, secondary market yield domestic issuers and the secondary market yield on domestic non-banks using a specific correction factor on the UDRB transferred.

(2) the correction factors referred to in paragraph 1 shall be determined in a regulation to be issued by the Austrian National Bank in accordance with § 2 paragraph 3 according to the issuer's group.

(3) in the case of contracts entered into from the 1.4.2015 one is secondary market yield derived from as a reference value to apply the UDRB itself or another market indicator, but not by the UDRB.

References and regulations

As far as other federal laws are referenced in this Federal Act, that are 6 (1) if nothing else is arranged, to apply in their respectively valid version.

(2) Regulations under this Federal Act must be adopted from the day following the announcement of the Federal Act to be conducted; they may not however into force prior to the required legal provisions.

Linguistic equal treatment

§ 7. As far as this federal law are personal names only in the male form, they relate to women and men in the same way. When applied to certain persons, the respective gender-specific form is to use.

Enforcement

§ 8. The Federal Minister of finance is entrusted with the execution of this Federal Act.

Entry into force

§ 9. This federal law shall enter into force 1 January 2015.

Article 2

Amendment to the National Bank Act 1984

The National Bank Act 1984 - NBG, Federal Law Gazette No. 50/1984, as last amended by Federal Law Gazette I no. 184/2013, is amended as follows:

1 paragraph 7 subsection 2:

"(2) Regulations of the Oesterreichische Nationalbank are to be published in the Federal Law Gazette. The Oesterreichische Nationalbank is entitled to publish falling business terms and conditions legally binding on their homepage within their remit."

2. paragraph 37 paragraph 1:

"(1) the general meeting shall, taking into consideration article 27 ESCB/ECB Statute for a multi-year period, not longer than for a period of five years to select an auditor and an alternate auditors. Auditors or audit firms are not selectable for Auditors or alternate auditors, which already have received a confirmation notice in accordance with § 274 (UGB) on the audit of the financial statements of the Austrian National Bank in five cases; This applies in cases where the check is not performed by a natural person as auditor, the audit manager and those individuals who have signed the auditor's report. The rotation provisions do not apply after an interruption of the audit activity for at least two consecutive years."

The following paragraph 4 is added to § 3. 44:

"(4) the Austrian National Bank is, as far as not directly applicable European Union law or national law precludes, or it was not about data, the Bankwesengesetz - BWG, BGBl. 1993/532 sub-plans., are subject to the banking secrecy according to § 38, entitled, data that is to transmit her during one of their televised task area of reporting or respondents on the basis of this or any other federal law or under a State contract, directly applicable European Union law or a regulation of a federal agency" ", also for all other duties that are her assigned by federal law, treaty or directly applicable European Union law, to use."

4. in § 44a, pursuant to paragraph 7 of the following paragraph 7a is inserted:

"(7a) the operator of a payment system are required to report both the recording and the setting of the operation of a payment system of the Austrian National Bank within two weeks in writing. A payment system operators are also obliged to inform participants in the payment system of the Austrian National Bank, as well as to announce any changes of the Austrian National Bank within two weeks in writing."

5. According to § 44c, 44 the following paragraph shall be inserted:

"§ 44. The Austrian National Bank can provide a data model the detectors for the delivery of messages that are to send you based on this or any other federal law or under a State contract, directly applicable European Union law or a regulation of a federal agency, which is appropriate to comply with the reporting obligations in the form of standardized, electronic. The data model as well as its technical specifications are publicly available to publish in the pages of the Austrian National Bank on the Internet."

6 paragraph 69 paragraph 2:

"(2) of the net profit ascertained in accordance with paragraph 1 up to 10 vH of the pension reserve should be collected separately, until the pension reserve corresponds to the coverage capital required to ensure the pension rights of the employees of the Austrian National Bank according to actuarial calculation. Should the pension reserve sustainably exceed the required future life policyholder benefits, the difference is to resolve and settle on the profit and loss account."

7. in article 82a, para. 1, the phrase is replaced "Information and template obligations" by the phrase "Information, reporting and template obligations".

8. after article 82, b the following § 82 c is inserted:

"§ 82c." Who 44 b paragraph 2 not or not fully comply with a request for information of the Austrian National Bank in accordance with § or whoever knowingly false information in connection with such a request for information, commits an administrative offence and is fined to punish up to 2,000 euros."

9 paragraph 83 subsection 3:


"(3) the Oesterreichische Nationalbank is entitled to finance the loans to be granted by the ERP Fund in secured form. "Such finance are the provisions of article 3 par. 5 of the ERP Fund Act, Federal Law Gazette No. 207/1962, with respect to the loss cover requirement of the Fund, as well as § 12 apply by analogy to ERP-funds-law concerning the right of the Fund to the fixing of the interest rate."

Article 3

Amendment to the Foreign Exchange Act of 2004

The Foreign Exchange Act 2004 - Kotake, Federal Law Gazette I no. 123/2003, as last amended by Federal Law Gazette I no. 64/2013, is amended as follows:

§ 15 para 2 is as follows:

"(2) Regulations of the Oesterreichische Nationalbank are to be published in the Federal Law Gazette".

Article 4

Modification of the sanction law 2010

The sanction law 2010 - SanktG, Federal Law Gazette I no. 36/2010, last amended by federal law No. Federal Law Gazette I no. 64/2013, is amended as follows:

Article 10, paragraph 1 reads:

"(1) Ordinances of the Oesterreichische Nationalbank are to be published in the Federal Law Gazette".

Fischer

Faymann