Amendment Of The Banking Act, Of The Stock Exchange Act 1989, Of The E-Money Law 2010, The Financial Conglomerates Act, Of The Financial Market Authority Act, Of The Investment Fund Law 2011, The Value...

Original Language Title: Änderung des Bankwesengesetzes, des Börsegesetzes 1989, des E-Geldgesetzes 2010, des Finanzkonglomerategesetzes, des Finanzmarktaufsichtsbehördengesetzes, des Investmentfondsgesetzes 2011, des Wert...

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59. Federal Law, with which the Banking Act, the Austrian Stock Exchange Act 1989, the E-Money Act 2010, the Financial Conglomerate Act, the Financial Market Supervisory Authority Act, the Investment Fund Act 2011, the Securities and Markets Act 2007, the Payment Services Act and the central counterparty law enforcement law will be amended

The National Council has decided:

table of contents

Article 1

Amendment of the Banking Act

Article 2

Amendment of the 1989 Stock Exchange Act

Article 3

Amendment of the E-Money Act 2010

Article 4

Amendment of the Financial Conglomerate Act

Article 5

Amendment of the Financial Market Supervisory Authority Act

Article 6

Amendment of the Investment Fund Act 2011

Article 7

Amendment of the Securities and Markets Act 2007

Article 8

Amendment of the Payment Services Act

Article 9

Amendment of the Central Counterparty Law on Enforcement

Article 1

Amendment of the Banking Act

The Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Laws BGBl. I n ° 11/2014 and BGBl. I n ° 13/2014, shall be amended as follows:

1. In the table of contents, after the entry " § 24a. Capital conservation plan " the following entry is inserted:

" § 24b. Macro-prudential supervision within the Single Supervisory Mechanism "

2. The title of the XIII. Content directory section is :

" XIII. Section: Provisions relating to the cover stock pursuant to § 216 ABGB "

3. In the table of contents, after the entry " § 71. On-the-spot checks " the following entry is inserted:

" § 71a. and § 71b. Early intervention "

4. In the table of contents, the entry § 75. Credit Register " by the entry § 75. Central Credit Register " replaced .

5. In the table of contents, after the entry " § 77c. Cross-border decision making " the following entry is inserted:

" § 77d. Supervision by the European Central Bank-a single supervisory mechanism "

6. In the table of contents, the entry " § 103. to § 103r. Transitional provisions " by the entry " § 103. to § 103s. Transitional provisions " replaced.

7. In § 1 para. 4, the word group shall be "Federal Minister for Economic Affairs and Labour" through the word group "Federal Minister for Science, Research and the Economy" replaced.

8. In § 2 Z 44b the reference "23d para. 1" by reference "§ 23d para. 1" replaced.

9. § 3 para. 2 Submission statement reads:

" The provisions of Part 6 of Regulation (EU) No 575/2013, § § 25, 27a, 39 para. 2b Z 7 in conjunction with para. 4, 39 (3) and 74 (6) (3) (3) lit. a in conjunction with 74 (1) of this Federal Act, no application shall apply to: "

10. § 3 para. 2 Z 4 is deleted.

11. § 3 para. 2 Z 7 is deleted.

Article 3 (2a) reads as follows:

" (2a) The provisions of Parts 6 and 7 of Regulation (EU) No 575/2013, § § 25, 27a, 39 para. 2b Z 7 in conjunction with para. 4, 39 para. 3 and 74 para. 6 Z 3 lit. a in conjunction with 74 (1) of this Federal Act, no application shall be applied to credit institutions which, on the basis of their statutes, mainly operate the factoring business. "

13. In § 3 para. 3, the line point at the end of Z 7 is replaced by a point.

14. § 3 (4a) Z 1 reads:

" 1.

§ § 22 to 24a, 25, 27a, 39 (3) and (4), 39a, 57 (5) and 74 (1) in conjunction with 74 (6) Z 3 lit. a this federal law and parts 3, 5, 6, 7 and 8 of Regulation (EU) No 575/2013 are not applicable; "

15. § 3 para. 7 lit. c is:

" (c)

§ 1 para. 3, § § 22 to 24a, § 25, § 27a, § 39a, § 57 para. 5, § 74 paragraph 1 in conjunction with paragraph 6 Z 3 lit. a not to be applied to this Federal Act and Articles 89 to 91 and Part 3, 5, 6, 7 and 8 of Regulation (EU) No 575/2013 and to the application of Part 4 of Regulation (EU) No 575/2013 to the assets of the investment community; '

16. In § 5 (1) Z 6, the word group shall be "no other legal entity as a natural person on whose business" through the word group "no other legal entity as a natural person on whose business" replaced.

16a. § 5 (1) Z 9a Submission statement reads as follows:

" the managers shall have sufficient time for the performance of their duties in the credit institution, where a manager has the circumstances in the case of carrying out a number of activities in a managing function or as a member of a supervisory board. in individual cases and the nature, scope and complexity of the business of the credit institution; managers of credit institutions which are of considerable importance within the meaning of paragraph 4 may, in total, only carry out an activity in executive function as well as two additional activities as a member of a Supervisory Board; for the calculation of the number of activities, a number of activities in a managing function and as a member of a supervisory board are to be considered "

17. § 5 para. 1 Z 9a lit. a is:

" (a)

within the same group consisting of

aa)

the EU parent institution, its subsidiaries and subsidiaries, or any other undertaking belonging to the same group of credit institutions, to the extent that all of the above are included in the supervision on a consolidated basis, or of a group of companies which are members of the European Union's parent institution, additional supervision pursuant to Article 6 (1) of the FKG, or

bb)

Affiliated companies according to § 228 (3) UGB, § 245a UGB or § 15 AktG; "

17a. The following paragraph 4 is added to § 5:

" (4) A credit institution is of considerable importance in accordance with paragraph 1 (1) (9a) or (5) (5) (5) (5) if its balance sheet total reaches 5 billion euros on average for the respective cut-off dates of the last three financial years completed. ; as credit institutions of considerable importance are in any case considered to be:

1.

Credit institutions which are not considered to be less significant in accordance with Article 6 (4) of Regulation (EU) No 1024/2013 or, in the case of a major regulated group, in accordance with Article 2 (22) of Regulation (EU) No 468/2014, only that referred to in Part 1 of the Regulation (EU) No 575/2013 consolidating credit institution, or

2.

Credit institutions that are classified by the FMA according to § 23b as the Global System Relevant Institute or in accordance with § 23c as System Relevant Institute. "

18. In § 10 para. 4 Z 4, the word group shall be "Outbound systemic risk" through the word group "Outbound systemic risk" replaced.

19. In § 11 (1) and (4), the word group shall be "Numbers 2 to 14" in each case by the word group "Numbers 2 to 15" replaced.

20. In § 13 (1) the word group shall be "Numbers 2 to 14" through the word group "Numbers 2 to 15" replaced.

21. In § 13 para. 4 Z 1 the word group shall be "§ § 74 to 75" through the word group "74 to 75" replaced.

22. In § 15 (7) the word group shall be "Outbound systemic risk" through the word group "Outbound systemic risk" replaced.

§ 20b (1) Z 4 reads as follows:

" 4.

whether the credit institution will and will remain in a position to comply with the prudential requirements under Directives 2009 /110/EC, 2002 /87/EC, 2013 /36/EU and Regulation (EU) No 575/2013, and in particular whether the group to which it will be included is to be informed of: has a structure enabling effective supervision, effective exchange of information between the competent authorities, and the division of responsibilities between the competent authorities (Section 5 (1) (4) and (4a)); "

24. In § 21 (1) Z 9, the reference " Art. 4 (1) of Directive 2006 /48/EC " by reference " Art. 4 (1) (1) of Regulation (EU) No 575/2013 " replaced.

25. § 21 (4) Z 1 reads:

" 1.

There is no insurance and guarantee obligation pursuant to § 137c GewO 1994; in the case of claims pursuant to § 137c GewO 1994, credit institutions shall be liable with their own resources; "

26. § 21a (2) reads:

" (2) The FMA has in the authorization procedures for internal approaches pursuant to Art. 143 (1) and (3), Art. 221 (1) and (2), Art. 225 (1), Art. 259 (3), Art. 283 (1), Art. 312 (2) and Article 363 (1) and (3) of Regulation (EU) No. 575/2013. The Oesterreichische Nationalbank (Oesterreichische Nationalbank) shall make an assessment of the existence of the relevant conditions within the meaning of this Regulation. "

27. In § 21a (4), the reference "Regulation (EU) No 1093/2010" by reference "Regulation (EU) No 575/2013" replaced.

28. In § 21b (1), after the reference " Art. Article 282 (6), " the reference " Art. 298 (4), " inserted.

29. § 22 (3) reads:

" (3) The FMA has in the assessment of the stock and system risk (para. 1 and 2) to obtain an opinion from the Oesterreichische Nationalbank and to document the assessment made in writing. In the event of a system risk, the Federal Minister of Finance, the Financial Stability Board and the CRR institutes shall inform the EBA immediately, with the assistance of relevant documents. The Federal Minister of Finance shall inform the Federal Minister of Finance without delay in the event of an inventory risk, which is not at the same time a dangerous system hazard. "

30. In § 22a (1), the reference " Art. 458 para. 4 lit. c of Regulation (EU) No 575/2013 " by reference " Art. 458 para. 2 lit. Regulation (EU) No 575/2013 " replaced.

31. § 22a (2) reads:

"(2) The FMA shall be the competent authority within the meaning of Article 458 (1) of Regulation (EU) No 575/2013."

32. In Section 22a (3), the word group shall be "an expert opinion" through the word group "an expert opinion" replaced.

33. In Section 22a (4), the reference shall be made to the reference " 2 " by reference " 3 " replaced .

34. In Section 22a (5), the references " 2 " in each case by the reference " 3 " replaced .

35. In Section 22a (6), the references " 2 " in each case by the reference " 3 " replaced .

36. In Section 22a (7), the reference " 3 to 5 " by reference " 4 to 6 " replaced .

37. In § 22a (9) (1), the word order shall be "15 percentage points" through the phrase "15 vH" replaced.

38. In Section 22a (9) (2), the word order shall be "25 percentage points" through the phrase "25 vH" replaced.

39. § 23d (2) reads:

"(2) The FMA shall be the competent authority for the purposes of Art. 133 (1) of Directive 2013 /36/EU."

40. In § 23d para. 4, the reference shall be made to the reference " 2 Z 1 " by reference " 3 " replaced.

41. § 24 para. 2 Submission statement reads:

" Credit institutions that do not meet the combined capital buffer requirement shall have to calculate the maximum eligible amount and to notify the FMA immediately. In such cases, prior to the calculation of the maximum eligible amount, credit institutions shall refrain from taking the following measures: "

42. In § 24 (4) (2) (2) the word "partial" by the word "partial" replaced.

43. According to § 24a, the following § 24b is inserted with the title:

" Makroprudential supervision within the single supervisory mechanism

§ 24b. (1) If the FMA intends to act as the competent authority within the meaning of § § 22a (2), 23a (2), 23b (2), 23c (2) and 23d (2) of this Federal Law pursuant to Article 5 (3) of Regulation (EU) No 1024/2013, it shall have the following: To inform the financial market stability body in good time in advance, in the presence of the relevant documents, and to give this opportunity to submit a recommendation within a reasonable period of time. If the FMA does not follow such a recommendation, it shall justify this to the Financial Stability Board, in the presence of the relevant documents.

(2) In accordance with Article 5 (4) of Regulation (EU) No 1024/2013, the European Central Bank informs the FMA as the competent authority in accordance with sections 22a (2), 23a (2), 23b (2), 23c (2) and 23d (2) of this Federal Law on a The FMA has to inform the Financial Market Stability Board and the Federal Minister of Finance immediately, with the help of the relevant documents, of the proposed decision-making pursuant to Art. 5 (2) of Regulation (EU) No 1024/2013. The Financial Market Stability Board may, subject to the deadline laid down in Article 5 (4) of Regulation (EU) No 1024/2013, recommend the FMA to raise objections to the ECB's proposed decision. Such a recommendation shall be justified by the financial market stability body. If the FMA does not comply with this recommendation, it shall justify it to the Financial Stability Board, in the presence of the relevant documents.

(3) The European Central Bank raises objections under Article 5 (1) of Regulation (EU) No 1024/2013 against planned decisions of the FMA in accordance with § § 22a, 23a, 23b, 23c or 23d of this Federal Act, the FMA has the financial market stability body thereof to inform the relevant documents immediately. "

Article 26a (1) reads as follows:

" (1) Credit institutions may issue instruments relating to capital shares without voting rights. Credit institutions in the legal form of a public limited company may also issue instruments of this kind as voting rights-free shares. With the exception of the voting rights, such non-voting shares shall grant the rights to each shareholder from the share. "

45. § 27 reads:

" § 27. Credit cooperatives or administrative cooperatives as former credit unions (§ 92 (8)) can stipulate in the cooperative contract that the liability of their members is limited to the business share (§ 86a GenG). The necessary modification of the cooperative contract can be made in the event of a case of the dislocation of the cooperative agreement pursuant to Art. 484 (5) and Article 486 (4) (4). g of Regulation (EU) No 575/2013 shall be subject to a decision only if a auditor to be ordered under the Cooperative Review legislation confirms in a written opinion that compliance with the in accordance with the rules laid down in Part 2 to 8 of Regulation (EU) No 575/2013, the regulatory standards shall continue to be ensured without the addition of an amount of detention sum. In addition, the limitation of liability to the business share § 33a GenG shall apply with the proviso that the direct understanding of known creditors pursuant to section 33a (1) of the last sentence of the GenG may not be accepted if the auditor in his opinion Declares that the limitation of liability to the business share is compatible with the interests of the creditors of the cooperative. The liability of the supervisor for the content of its opinion is based on § 10 GenRevG 1997 in conjunction with § 62a. "

46. In § 28a (2c) the word "Board of Supervisors" by the word "Board of Supervisors" replaced.

47. In Section 28a (4), the phrase "The result of the election to the" through the phrase "Any change in the person of the" replaced.

48. § 28a (5) Z 5 reads:

" 5.

the members of the Supervisory Board apply sufficient time for the performance of their activities in the credit institution; in particular, a member of the Supervisory Board in the performance of further activities in a business-leading function or as a member a Supervisory Board to take account of the circumstances in the individual case and the nature, scope and complexity of the business of the credit institution; if they do not act as representatives of the Republic of Austria on the Supervisory Board, members of the Supervisory Board may Supervisory Board of credit institutions, which are of considerable importance within the meaning of Section 5 (4) Are, in total, only one activity in a managing function in connection with two activities as a member of a supervisory board or a total of four activities as a member of a supervisory board; for the calculation of the number of Several activities are carried out in a business-leading role and as a member of a supervisory board

a)

within the same group consisting of

aa)

the EU parent institution, its subsidiaries and subsidiaries, or any other undertaking belonging to the same group of credit institutions, to the extent that all of the above are included in the supervision on a consolidated basis, or of a group of companies which are members of the European Union's parent institution, additional supervision pursuant to Article 6 (1) of the FKG, or

bb)

Affiliated companies according to § 228 (3) UGB, § 245a UGB or § 15 AktG;

b)

in the case of members of the same institution-related security system pursuant to Art. 113 (7) (lit). b of Regulation (EU) No 575/2013, or

c)

in the case of undertakings in which the credit institution holds a qualifying holding in accordance with Article 4 (1) (36) of Regulation (EU) No 575/2013

as just an activity. Activities in a business-leading role or as a member of a supervisory board in organizations that do not pursue predominantly commercial objectives, or as members of a supervisory board at a credit institution as representative of the The Republic of Austria shall not be included in the calculation. At the request of the FMA, the FMA may authorise an exceeding of this limit for an activity as a member of a supervisory board. The FMA regularly has to inform the EBA of such authorisations. "

49. § 28b (2) (1) is:

" 1.

Federal government, Länder, municipalities, local authorities with headquarters abroad, central banks, central governments, public sector bodies (Art. Article 4 (1) (8) of Regulation (EU) No 575/2013), international organisations or multilateral development banks, "

Section 30 (1) Z 1 reads as follows:

" 1.

the statutory requirements pursuant to Section 244 (1) of the German Commercial Code (UGB) for the preparation of a consolidated financial statements, "

Section 30 (1) Z 3 reads as follows:

" 3.

has the right to appoint or discontinue the majority of the members of the administrative, management or supervisory body and, at the same time, is a shareholder, "

52. § 30 (1) (4) deleted.

Section 30 (1) Z 5 reads as follows:

" 5.

exercising or actually exerting a dominant influence, "

Section 30 (1) Z 7 reads as follows:

" 7.

holding a holding in accordance with Article 4 (1) (35) of Regulation (EU) No 575/2013 at the downstream institution, and this participation by a group-affiliated company shall be managed jointly with one or more undertakings which do not: If the liability of the companies concerned is limited to their share of the capital, the group of credit institutions shall belong to the group. "

55. In the final part of Section 30 (1), the reference " Art. 2 (3) of Directive 2013 /36/EU " by reference " Art. Article 2 (5) of Directive 2013 /36/EU " replaced.

56. According to Article 30 (2), the following paragraph 2a is inserted:

" (2a) Financial institutions and ancillary services providers who are subordinated to credit institutions pursuant to Article 1 (1), to which the provisions of Regulation (EU) No 575/2013 are not applicable pursuant to § 3, shall be subject to the provisions of this Regulation. Federal law applicable to credit institution groups shall not be applied if:

1.

whose balance-sheet total is either less than EUR 10 million or less than 1 vH of the balance sheet total of the parent credit institution, with each of the smaller of the two amounts to be deducted; or

2.

whose balance sheet total is less than 1 vH of the balance sheet total of the parent credit institution and that the undertaking concerned is of secondary importance to the objectives of banking supervision.

If a number of subordinate institutions meet the requirements of Z 1 or 2 and if these are not of secondary importance for the purposes of supervision of credit institutions, the provisions of this Federal Law, which shall apply to: Credit institution groups shall apply. "

Article 30 (3) reads as follows:

" (3) Shareholdings held in funds shall be included only if they are held via a subsidiary undertaking in accordance with Article 4 (1) (16) of Regulation (EU) No 575/2013. Section 244 (4) and (5) of the UGB shall apply. "

58. § 30 (4) (2).

59. The following Z 3 shall be added to Article 30 (4):

" 3.

the credit institution with its registered office in Germany, with the exception of the central organisation, is a member of a credit institution (§ 30a). "

60. In the introduction section of section 30 (9a), the reference " Art. 16 of Regulation (EU) No 575/2013 " by reference "Part 1, Title II, Chapter 2 of Regulation (EU) No 575/2013" replaced.

61. § 30 (9a) Z 1 and Z 2 reads as follows:

" 1.

the FMA has to examine whether this institution is subject to supervision on a consolidated basis by the competent authority of the third country and that such supervision is subject to the principles of this Federal Law and of Regulation (EU) No 575/2013 on the supervision on a consolidated basis;

2.

if no equivalent supervision takes place, the FMA shall apply the provisions of this Federal Law and of Regulation (EU) No 575/2013 on supervision on a consolidated basis to the credit institution accordingly. In such a case, the FMA, after consulting the competent authorities of a third country and the EBA, shall carry out such a review at the request of the parent undertaking, a company authorised in the Community or on its own initiative; "

62. In § 30a (1) Z 2, the reference " Art. Article 9 (1) of Regulation (EU) No 575/2013 " by reference " Art. Article 10 (1) of Regulation (EU) No 575/2013 " replaced.

§ 30a (10) second sentence reads as follows:

" The central organization shall ensure that the directors of the associated credit institutions meet the requirements in accordance with § 4 (3) Z 6 and that the requirements are met in accordance with § 5 (1) Z 6 to 13 and that the credit institution network on administrative, accounting and control procedures for the collection, assessment, management and supervision of banking and banking risks and remuneration policies and practices (Section 39 (2)). "

64. In § 30a (10) the reference " Art. 9 para. 1 lit. c of Regulation (EU) No 575/2013 " by reference " Art. 10 para. 1 lit. c of Regulation (EU) No 575/2013 " replaced.

65. In Section 30a (13), the word group shall be "Credit Institute ally" through the word group "credit institution ally" replaced.

§ 39d para. 2 Z 3 reads:

" 3.

the review of whether the pricing of services and products offered by a credit institution adequately takes into account the business model and risk strategy of the credit institution and, where appropriate, to submit a plan with a view to: Remedial action, "

67. In Section 39d (2) (4), the word shall be: "Win" by the word "Winning" replaced.

§ 42 (4) Z 4 reads as follows:

" 4.

in the case of credit institutions identifying their own resources requirements for the market risk referred to in Part 3, Title IV of Regulation (EU) No 575/2013,

a)

the criteria for determining qualified assets;

b)

the procedures for determining the market price in accordance with Article 105 (3) to (5) of Regulation (EU) No 575/2013;

c)

the model of the evaluation of options, in particular the determination of volatilities and the other parameters for the determination of the delta factor in accordance with Art. 105 (6) and (7) of Regulation (EU) No 575/2013;

d)

the identification of the other risks associated with options in accordance with Article 329 (2) of Regulation (EU) No 575/2013; "

69. In § 42 (4), the line point at the end of Z 5 is replaced by a point.

70. In § 43 (1) the word group shall be "Credit Institute ally" through the word group "credit institution ally" replaced.

71. In Section 43 (2), the word group shall be "Credit Institute ally" through the word group "credit institution ally" replaced.

72. In § 59 (7) the word group shall be "Provider of ancillary services" through the word group "providers of ancillary services" replaced.

73. In § 63 (3) (4), the word group shall be "or other statutory or other provisions applicable to banking supervision" through the word group "or other statutory or other provisions applicable to banking supervision" replaced.

74. § 63 (4), 4a and 5 reads as follows:

" (4) The bank examiner has to examine the legality of the annual accounts. The audit also has to include:

1.

the observance of Articles 18, 19, 92, 395 and 412 of Regulation (EU) No 575/2013;

2.

the observance of § § 25, 27a and 30 to 30c of this Federal Law;

3.

the observance of § § 39, 39a and 40 to 42 of this Federal Law;

4.

compliance with Articles 89 to 91 and 405 of Regulation (EU) No 575/2013;

5.

the observance of § 6 (3) to (5) of the Banking Intervention and Restructuring Act;

6.

the allocation of positions to the trading book, as well as any rebookings, in accordance with the internal criteria for their inclusion in the trading book;

7.

in the case of credit institutions applying Part 3, Title I, Chapter 3 of Regulation (EU) No 575/2013:

a)

the criteria for determining qualified assets;

b)

the procedures for determining the market price, taking into account Article 105 of Regulation (EU) No 575/2013;

c)

the approach to the evaluation of options, in particular the definition of volatilities and the other parameters for the determination of the delta factor in accordance with Art. 377 of Regulation (EU) No 575/2013;

d)

the identification of any other risk-related risks referred to in Part 3, Title IV of Regulation (EU) No 575/2013;

8.

in the case of credit institutions which determine the minimum capital requirement for the operational risk referred to in Part 3, Title III, Chapter 3 of Regulation (EU) No 575/2013: compliance with the conditions laid down in Article 320 of Regulation (EU) No 575/2013;

9.

the consideration of the 2. and 3. Main piece WAG 2007;

10.

compliance with the requirements of Art. 49 (3) lit. a sublit. v of Regulation (EU) No 575/2013 for institute-related security systems, which apply Article 49 (3) of Regulation (EU) No 575/2013;

11.

the admissibility and accuracy of netting agreements as well as the fulfilment of the conditions laid down in Article 296 (3) of Regulation (EU) No 575/2013;

12.

consideration of § § 8 to 35, 39 to 45, 66 to 92 as well as 128 to 138 InvFG 2011, compliance with § § 2 to 9 as well as 21 to 36 ImmoInvFG as well as compliance with § § 18 to 45a BMSVG;

13.

exposures in which special circumstances exist in respect of their amount, the nature of the guarantee, the processing or any deviation from the ordinary business priorities of the credit institution;

14.

compliance with the other provisions of this Federal Law, of Regulation (EU) No 575/2013 and of other legislation which is essential for credit institutions.

(4a) The audit by the bank auditor of a central institution shall also include, within six months of the end of the financial year of the Central Institute, the following:

1.

the consolidated balance sheet or the extended summary account as referred to in Article 49 (3) (3). a sublit. (iv) of Regulation (EU) No 575/2013 applying the provisions of Article 49 (3) of Regulation (EU) No 575/2013 to institutions-related safeguards;

2.

the report pursuant to Art. 113 (7) (lit). e Regulation (EU) No 575/2013.

(5) The result of the examination referred to in paragraph 4 and (4a) shall be presented in an annex to the audit report on the annual financial statements (prusical audit report), the result of the examination referred to in paragraph 4a also being presented in a separate annex to the audit report. Audit report can be presented. The examination referred to in paragraph 4 (1) to (12) shall comprise the organisational structure and the administrative, accounting and control procedures (Section 39 (2)), which have been established by the managers with regard to the provisions referred to in paragraph 4 (1) (1) to (12). The result of the examination referred to in paragraphs 4 (1) and (2) and (4a) shall be accompanied by a positive assurance that the result of the examination referred to in (4) (3) to (12) shall at least be combined with a negative assurance. By way of derogation, the result of the examination referred to in paragraph 4 (4) (1) and (2) of credit institutions,

1.

the member of a credit institution-association according to § 30a of this Federal Law or of an institute-related security system pursuant to Art. 113 (7) of Regulation (EU) No. 575/2013, and

2.

whose balance sheet total does not exceed one billion euros; and

3.

which have not issued transferable securities admitted to trading on a regulated market pursuant to Article 1 (2) of the Austrian Stock Exchange Act (Börsegesetz),

at least with a negative assurance. The bank examiner shall report on the main perceptions which he has established in the course of his activities, even if they do not lead to a reporting obligation pursuant to paragraph 3, to the bank examiner's section 4, Z 13 and 14. This Annex is to be transmitted with the audit report on the annual financial statements to the business managers and the supervisory bodies of the credit institutions, which are in accordance with the law or the statutes, in such a timely manner that the pre-payment period of section 44 (1) is complied with can be. The FMA shall lay down the form and structure of this Annex and of the Annex to the Annex to this Annex by Regulation. "

75. In § 65 (2) (3), the term "HGB" by the term "UGB" replaced.

76. In § 65 (2a), the reference is made to the reference "§ 59a para. 1" by reference "§ 59a" replaced.

77. The title of the XIII. Section is:

" XIII. Provisions relating to the cover stock pursuant to § 216 ABGB "

78. In § 66 (1), the reference "§ 230a ABGB" by reference "§ 216 ABGB" replaced.

79. In § 67 (1) the reference "§ 230a ABGB" by reference "§ 216 ABGB" replaced.

80. In § 69 (2) (3), the word group shall be "the credit institution" through the word group "credit institutions" replaced.

81. In § 69 (3b) the word "Approaches" by the word "Approaches" replaced.

82. In § 69b paragraph 2 Z 3 lit. b becomes the word group 'own resources held' by the term "held own resources" replaced.

83. In § 70 (1) the word group shall be "Credit Institute ally" in each case by the word group "credit institution ally" and the word group "Credit-Institute-allies" in each case by the word group "credit institution allies" replaced.

Section 70 (2) (1a) is deleted.

85. In § 70 para. 4a Z 1, the reference "§ 39 (2b)" by reference " Art. 1 of Regulation (EU) No 575/2013 " replaced.

§ 70 (4b) Z 6 reads:

" 6.

The own resources requirements resulting from the results of the stress tests in accordance with Article 377 (5) of Regulation (EU) No 575/2013 are essentially based on the own resources requirements for the correlation trading portfolio in accordance with Art. 377 of the Regulation (EU) No 575/2013. "

Article 70a (4) reads as follows:

" (4) Where the mixed financial holding company, the parent mixed financial holding company, the mixed holding company has its or one of its subsidiaries established in another Member State, the FMA shall have the competent authority Authorities of the other Member State to request the examination referred to in paragraph 2. "

88. In Section 70a (5), the term "Large credit notification" by the term "Message" replaced.

89. In § 71 (8), the reference " 1 to 8 " by reference " 1 to 7 ".

90. § 73 (1) (2) and (3) reads:

" 2.

any change in the conditions laid down in Article 5 (1) (6), (7), (9a), (10) and (13) with existing managers;

3.

any change in the person of the directors as well as compliance with § 5 (1) Z 6 to 11 and 13 and, in the case of a custodian bank pursuant to § 41 InvFG 2011, compliance with Section 41 (2) of the InvFG 2011;

91. In § 73 (1) Z 8 the word group shall be "any appointment of a member of the Supervisory Board" through the word group "any change in the person of a member of the Supervisory Board" replaced.

92. In Section 73 (1), the point at the end of the Z 17 is replaced by a line-point and the following Z 18 is added:

" 18.

the intended use of contractual netting agreements pursuant to Art. 295 of Regulation (EU) No 575/2013. "

93. The following paragraph 1a is inserted in accordance with Article 73 (1):

" (1a) Financial holding companies and mixed financial holding companies shall notify the FMA in writing without delay, and, in the event of a decision, not to wait for the effectiveness of the decision-making subject to be effective:

1.

any change in the conditions pursuant to section 30 (7a) with regard to § 5 (1) Z 6 and 7 with existing directors and any change in the person of the directors as well as compliance with section 30 (7a) with regard to § 5 (1) Z 6 to 9;

2.

any change in the person of a member of the Supervisory Board stating the fulfilment of the requirements pursuant to Section 30 (7a) with regard to § 28a (5) Z 1 to 4 as well as any change in the conditions pursuant to Section 30 (7a) with regard to § 28a (5) Z 1 up to 4 for existing members of the Supervisory Board. "

The second sentence of Article 73 (3) reads as follows:

" The FMA has a list of financial holding companies and mixed financial holding companies within the meaning of Article 11 of Regulation (EU) No 575/2013 to the European Commission, the EBA and the competent authorities of the other Member States. "

95. In § 73 (4) (2), the term "Parameters" by the term "Parameters" replaced.

96. In § 73 (4a) (3), the term "Parameters" by the term "Parameters" replaced.

97. § 73a First sentence reads:

" The FMA may, after hearing the Oesterreichische Nationalbank, prescribe by means of a regulation that the ads, transmissions, submissions, the bringing to knowledge and the submission pursuant to § 9 para. 5, § 10 para. 2, 5 and 6, § 11 para. 3 last sentence, § 3, § 20 (3), § 25 (8) Z 9, § 28a (4), § 63 (1), Section 70a (5), § 73 (1) (1) to (18), (1a), (2), (3), (4), (4a) and (5) and Section 93a (8) of the German Federal Act, pursuant to Section 2 (2) of the Ordinance on the Security of the German Federal Republic of Germany, Federal Law Gazette (BGBl). No 650/1993, as amended by the BGBl Regulation. II No 219/2003 and Art. 143 (4), Art. 312 (1) and (3), Art. 363 (3), 366 (5) and Article 396 (1) of Regulation (EU) No 575/2013, to be made exclusively in electronic form, as well as to certain sections, technical specifications and technical specifications. Minimum requirements and transmission modalities. "

98. In Section 74 (1), the word group shall be "of the Regulation" through the word group "the Regulation" replaced.

99. § 74 (4) reads:

"(4) The Oesterreichische Nationalbank has to report on the notifications pursuant to Articles 25 and 92, 394 and 415 of Regulation (EU) No 575/2013."

100. The heading before § 75 reads:

"Central Credit Register"

101. In Section 75 (4), the word group shall be: "the major credit tendency" through the word group "the Central Credit Register" replaced.

102. In § 75 (5), first sentence, the word group shall be: "from the major credit tendency" through the word group "from with the Central Credit Register" replaced.

103. In § 75 (5), second sentence, the word group shall be: "the major credit tendency" through the word group "the Central Credit Register" replaced.

104. In Section 75 (7) (1), the word group shall be: "a comparable large credit tendency" through the word group "a comparable Central Credit Register" replaced.

105. In Section 75 (8), the word group shall be: "the major credit tendency" through the word group "the Central Credit Register" replaced.

106. In Section 77 (4) (11), the term " "Large-scale assessments" by the term "Wholesale credit" replaced.

107. In Section 77 (4) of the Z 15, the word group shall be "§ 74 and 74a" through the word group "§ § 74 and 74a" replaced.

108. Section 77 (4) Z 16 reads as follows:

" 16.

Central credit register and comparable institutions abroad; "

109. In Section 77 (5) Z 3, the word group shall be: "for the" through the word group "with the" replaced.

110. In Section 77 (5) (6), the word shall be: "responsible" by the word "entrusted" replaced.

111. In accordance with § 77c, the following § 77d with headline is inserted:

" Supervision by the European Central Bank-single supervisory mechanism

§ 77d. (1) The FMA and the Oesterreichische Nationalbank have the duties, powers and duties assigned to them in each case with this Federal Act only to the extent that they exercise their duties under the provisions of Regulation (EU) No 1024/2013. is not reserved for the European Central Bank.

(2) Insofar as the FMA has been empowered by this federal law to exercise its future powers by regulation in the implementation of the relevant Union law within the meaning of Article 4 (3) of Regulation (EU) No 1024/2013, those powers by the European Central Bank is exercised on the basis of national law in accordance with Article 4 of Regulation (EU) No 1024/2013, the procedures laid down by this Federal Act for the FMA for the exercise of those powers shall be applied to the European Central Bank is not an application.

(3) In order to effectively exercise the tasks and powers conferred upon them by this Federal Act, the FMA and the Oesterreichische Nationalbank (Oesterreichische Nationalbank) shall have powers under the single supervisory mechanism pursuant to Article 6 of Regulation (EU) No 1024/2013. to coordinate their activities within the single supervisory mechanism and to provide each other with all information, affixing and requests immediately.

(4) The obligations of FMA and Oesterreichische Nationalbank, provided for in this Federal Act, for the cessation of data into the common database for bank supervisory authorities to be kept under Section 79 (3) of the Oesterreichische Nationalbank. Analyses shall be omitted in so far as these data are to be set in a database of the European Central Bank established within the framework of the single supervisory mechanism, and where such data are available at any time to both the FMA and the Oesterreichische Nationalbank shall be accessible. "

112. In § 78 para. 9 Z 5 final part the word "to the" by the word "to" replaced.

113. Section 79 (2) reads as follows:

" (2) Insofar as the transmission does not take place according to § 73a, all advertisements according to § 20 and 73, documents according to § 44 (1) and (5), notifications pursuant to § § 74 and 74a as well as notifications pursuant to Art. 99, 100, 101, 394, 415 and 430 of the Regulation (EU) No. 575/2013 to the Oesterreichische Nationalbank within the time limits specified therein. "

114. The following paragraph 7 is added to Article 79:

" (7) A replacement claim based on federal legislation from actions of the Oesterreichische Nationalbank, its employees or its institutions, which are subject to special tasks within the framework of Regulation (EU) No 1024/2013 with the supervision of credit institutions to the European Central Bank, OJ L 327, 22.7. No. OJ L 287, 29.10.2013 p. 63, shall be excluded in the following cases:

1.

Acts in order to comply with the instructions of the European Central Bank, or to fulfil an order;

2.

acts in the preparation or implementation of decisions of the European Central Bank;

3.

Cooperation, exchange of information or other support of the European Central Bank. "

115. In Section 83 (5), the reference " Art. 14 of Directive 2006 /48/EC " by reference " Art. 20 of Directive 2013 /36/EU " replaced.

116. Section 93a (1) reads as follows:

" (1) The security institutions shall require their member institutions to make immediate, pro-active contributions in the event of payment of secured deposits or of compensation for secured investment services; Contributions for deposits secured in accordance with § § 93 to 93c shall be limited to the extent of a maximum of EUR 50 000 per depositor. The security institutions shall take the necessary organisational measures to ensure the immediate assessment and payment of the secured claims. Unless paragraph 4 is to be applied, the obligation to provide contributions shall first apply, without prejudice to the second paragraph, only to the member institutes of the security establishment of the relevant association. The contributions of the member institutes are in the case of a payment of secured deposits in accordance with the share of the secured deposits (§ 93 para. 2 to 5) on the sum of the total secured deposits (in accordance with the corresponding provisions according to § 93 (2) to (5) to the previous balance sheet date. In the case of payment of compensation for secured investment services, the assessment shall be carried out in accordance with § 93b. However, in the financial year, the member institutions are, in total, not more than 1.5 vH of the tax base according to Art. 92 (3) lit. a of Regulation (EU) No 575/2013, plus 12.5 times the capital requirement for the position risk (Part 3, Title IV, Chapter 2 of Regulation (EU) No 575/2013) in the case of credit institutions which have their own resources requirements for market risk in accordance with Title IV of Part 3 of Regulation (EU) No 575/2013, which is subject to the last balance sheet date, where, in the case of multiple claims within a period of five financial years, the tax base is determined in accordance with Art. 92 (3) lit. a of Regulation (EU) No 575/2013 by the amounts already in use multiplied by a factor of 40; this shall apply mutamutuously to credit institutions and investment firms which are voluntarily complementary in accordance with Article 93 (7) and (7a) of this Regulation. To the same extent, the member institutions shall also be liable for claims for damages against the security establishment; this shall apply mutationally to credit institutions and investment firms which are voluntarily attached to them in accordance with § 93 (7) (7) (a) and 7a. "

117. In Section 93b (4), the word shall be: "Employee Advance business" through the word group "Company pension fund business" replaced.

118. Section 94 (5) of the subsection reads:

"The name" Bausparkasse " or a name in which this word is contained shall be reserved exclusively for the credit institutions entitled to operate the building-saving business. Words containing the word "Bauspar" may only be used by credit institutions, which "

118a. Section 95 (1) reads as follows:

" (1) Vereine within the meaning of the Vereinsgesetz 2002 (VerG), BGBl. I No 66/2002, and the patent in 1852, without prejudice to the provision of the second paragraph, shall not be subject to banking operations. Savings clubs may only accept funds from their members if they are applied immediately to a credit institution on account of the members of the savings association. In accordance with § 40 (2), the members of the association may be identified by an institution of the association. "

119. Section 98 (3) Z 3 reads as follows:

" 3.

the immediate written notification in accordance with Section 73 (3) is not allowed; "

120. In Section 98 (5a) (8) (8), the word "Debt ratio" by the word "Debt Ratio" replaced.

121. Section 98 (5a) Z 9 reads as follows:

" 9.

in the event that the credit institution is subject to the credit risk of a securitisation position, the credit institution does not fulfil the conditions laid down in Article 405 of Regulation (EU) No 575/2013; "

122. In Section 98 (5a) of the Final Act, the word shall be: "Custodian Transgressing" by the word "Administrative surrender" replaced.

123. In Section 98 (6), the word sequence shall be deleted " Section 28a (4) with regard to the indication of the re-election of the same person as chairman, " and the phrase " Section 73 (1) (8) with regard to the indication of the reappointment of the same person as a member of the Supervisory Board, " .

124. Section 99 (1) Z 1 reads as follows:

" 1.

the person responsible (§ 9 VStG) of a financial holding company or a mixed financial holding company shall refrain from the written notification in accordance with Section 73 (1a); "

125. Section 99 (1) (2) is deleted.

126. In § 99 (1) (12), the word shall be: "Wholesale credit reporting obligation" by the word "Reporting obligation" replaced.

127. Section 99 (1) Z 16 reads as follows:

" 16.

As the person responsible (§ 9 VStG) of a credit institution or as an audition body in accordance with § 216 ABGB, the provisions on the cover stock pursuant to § 216 ABGB (§ § 216 ABGB) (§ § 216 ABGB) are violated; "

128. In section 99a (1) the reference shall be made to: "§ 99 Z 6" by reference "§ 99 (1) Z 6" replaced.

129. § 101a is:

" § 101a. The fines imposed by the FMA pursuant to Section 98 (1), Section 98 (3) (3), Section 98 (5), Section 98 (5a) (4) to (10), section 99 (1) (1) (1) and (§ 99d) shall be paid to the Federal Government. "

130. § 103q Z 4 lit. (a) sublit. ee) is:

" ee)

Assets representing exposures and other risks to institutions, provided that such exposures do not constitute own funds in accordance with Part 2 of Regulation (EU) No 575/2013, shall not exceed the following business day, and shall not be are denominated in an important trading currency; "

131. In accordance with § 103q Z 10 the following Z 10a is inserted:

" 10a.

(Section 5 (1) (9a)): activities carried out in a business-leading role in organisations whose shares or voting rights are held, in whole or majority, directly or indirectly by the Republic of Austria and for which the European Commission is responsible for: the rules and decisions on State aid under Articles 107 to 109 of the TFEU have been approved by way of a settlement or restructuring plan, and shall not be included in the calculation in accordance with Article 5 (1) (9a) 9a of the third sentence. "

132. In accordance with § 103r, the following § 103s is inserted:

" § 103s. After the proclamation of the Federal Law BGBl. I No 59/2014 shall be subject to the following transitional provisions:

1.

(Section 30 (1) (1) (1)): Group of credit institutions which, before the entry into force of Section 30 (1) (1) (1), is in the version of the BGBl. I n ° 59/2014 on the basis of Section 30 (1) Z 1 in the version before the BGBl. I n ° 59/2014 may continue to apply until 31 December 2019 the provisions of this Federal Act which apply to groups of credit institutions, provided that they indicate this in writing by the FMA until 31 December 2014. A revocation of such an advertisement may be effected exclusively at the end of a calendar year with effect from the following calendar year. The revocation shall be sent to the FMA in writing.

2.

§ 63 (4), (4a) and (5): § 63 (4), (4a) and (5) in the version of the Federal Law Gazette (BGBl). I n ° 59/2014 is to be applied for the first time at annual financial statements for the 2014 financial year.

3.

(Section 73 (1) (18)): Credit institutions have contractual netting agreements of the FMA which are already in force before the entry into force of Section 73 (1) Z 18 in the version of the Federal Law Gazette (BGBl). I No 59/2014 has been used within three months of the entry into force of Section 73 (1) Z 18 in the version of the BGBl. I No 59/2014.

4.

Section 73 (1a): Section 73 (1a) (2), as amended by the Federal Law Gazette (BGBl). I n ° 59/2014 is only from 1. Jänner 2015. "

133. In Section 105 (4), the word group shall be: "Directives 2006 /48/EC and 2006 /49/EC" through the word group "Directive 2013 /36/EU or Regulation (EU) No 575/2013" replaced.

134. Section 105 (5) Z 1 and 2 reads as follows:

" 1.

Directive 2013 /36/EU on access to the activities of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006 /48/EC and 2006 /49/EC, OJ L 201, 31.7.2006, p. No. OJ L 176 of 27.06.2013 p. 338, as amended by the corrigendum OJ L 176, 15.7.2013, No. OJ L 208, 02.08.2013 p. 73, as last amended by Directive 2014 /17/EU, OJ L 206, 22.7.2014, p. No. OJ L 60, 28.02.2014 p. 34;

2.

Regulation (EU) No 575/2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, OJ L 136, 31.5.2013, p. No. 1., as amended by the corrigendum, OJ L 176, 15.7.2013, p. No. OJ L 321 of 30.11.2013 p. 6.

135. Section 105 (10) reads as follows:

" (10) Where reference is made in this Federal Act to Regulation (EU) No 648/2012, unless otherwise provided, Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories, OJ L 206, 22.7.2012, p. No. 1, as amended by the corrigendum to Regulation (EU) No 575/2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, OJ L 201, 31.7.2012, p. No. OJ L 321 of 30.11.2013 p. 6. "

136. The following paragraphs 11 to 14 shall be added to Section 105:

" (11) Where reference is made in this Federal Act to Regulation (EU) No 1024/2013, unless otherwise provided, Regulation (EU) No 1024/2013 is intended to carry out specific tasks related to the supervision of Credit institutions to the European Central Bank, OJ No. OJ L 287, 29.10.2013 p. 63.

(12) Where reference is made in this Federal Act to Directive 2002/87/EC, unless otherwise indicated, Directive 2002/87/EC on the supplementary supervision of credit institutions, insurance undertakings and investment firms of a financial conglomerate and amending Council Directives 73 /239/EEC, 79 /267/EEC, 92 /49/EEC, 92 /96/EEC, 93 /6/EEC and 93 /22/EEC, and Directives 98 /78/EC and 2000 /12/EC, OJ L 136, 31.5.1998, p. No. OJ L 35 of 11.02.2003 p. 1, as last amended by Directive 2013 /36/EU, OJ L 327, 28.12.2013, p. No. OJ L 176, 27.06.2013 p. 338.

(13) Where reference is made in this Federal Act to Directive 2009 /110/EC, unless otherwise indicated, Directive 2009 /110/EC relating to the taking up, pursuit and prudential supervision of the activities of electronic money institutions shall be subject to the amendment of Directive 2009 /110/EC. Directives 2005/60 and 2006 /48/EC as well as repealing Directive 2000 /46/EC, OJ L 281, 23.4.2000, p. No. OJ L 267, 10.10.2009 p. 7.

(14) Where reference is made in this Federal Act to Regulation (EU) No 468/2014, unless otherwise provided, Regulation (EU) No 468/2014 establishing a framework for cooperation between the European Union and the European Union (EC) No 468/2014 Central Bank and national competent authorities and national designated authorities within the Single Supervisory Mechanism (SSM framework regulation), OJ L 327, 28.4.2002, p. No. OJ L 141 of 14.5.2014 p. 1. "

137. Section 107 (80) Z 3 reads as follows:

" 3.

The title of Section 74a, Section 74a (1), First sentence, Z 2 and 3 and Section 74a (2) to (4) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 184/2013 will enter into force on 31 December 2014. "

138. The following paragraph 83 is added to Section 107:

" (83) § 30 para. 4 Z 3 in the version of the BGBl. I n ° 59/2014 comes with 1. Jänner 2014 in force. § 5 (1) Z 9a, Section 5 (4), § 28a (5) Z 5 and § 103q Z 10a in the version of the Federal Law BGBl. I n ° 59/2014 will enter into force on 1 July 2014. "

139. In Annex 2 to Article I, Section 43, Part 2, Section IX is deleted. Return on capital.

Article 2

Amendment of the 1989 Stock Exchange Act

The Stock Exchange Act 1989-BörseG, BGBl. No. 555/1989, as last amended by BGBl federal laws. I n ° 11/2014 and BGBl. I n ° 13/2014, shall be amended as follows:

1. In accordance with section 48u (1), the following paragraph 1a is inserted:

" (1a) If the proclamation of a regulation which establishes measures pursuant to paragraph 1 is not possible in the Bundesgesetzblatt on a timely basis, the Regulation shall be made available on the Internet pages of the FMA. If the proclamation of the regulation on the Internet is not merely temporarily impossible, the announcement shall be made in another suitable manner, in particular in one or more periodic media works or by broadcasting. If the effectiveness of the measure depends on its immediate entry into force, it may be determined in the Regulation that it shall enter into force immediately with the date of its operation. "

2. In § 83 (5) the reference " § 23 (4) in the version before the BGBl. I No 184/2013 " by reference " § 23 (4) BWG in the version before the BGBl. I No 184/2013 " replaced.

Article 3

Amendment of the E-Money Act 2010

The Federal Act on the Issue of E-Money and the Reception, Exercises and Supervision of the Activities of E-Money-Institutes-E-Money Act 2010, BGBl. I n ° 107/2010, as last amended by the Federal Laws BGBl. I No 184/2013 and BGBl. I n ° 11/2014, shall be amended as follows:

Section 30 (1), (2) and (3) reads:

" (1) The FMA is responsible for the imposition of administrative penalties in accordance with § 29.

(2) In the case of administrative transgressions according to § 29, a limitation period of 18 months shall apply instead of the limitation period of § 31 paragraph 1 VStG.

(3) In the investigation into administrative prosecution proceedings pursuant to § 29 (1) to (11), the FMA shall apply all the competencies in accordance with Section 25 (2). "

Article 4

Amendment of the Financial Conglomerate Act

The Financial Conglomerates Act-FKG, BGBl. I n ° 70/2004, as last amended by the Federal Laws BGBl. I No 184/2013 and BGBl. I n ° 11/2014, shall be amended as follows:

1. In accordance with § 12, the following § 12a together with the heading is inserted:

" Supervision by the European Central Bank-single supervisory mechanism

§ 12a. The FMA has the tasks, powers and obligations conferred on it by this Federal Act only to the extent to which the exercise of its duties under the provisions of Regulation (EU) No 1024/2013 for the transfer of special tasks in connection with prudential supervision of credit institutions to the European Central Bank, OJ L 327, 28. No. OJ L 287, 29.10.2013 p. 63, not reserved for the European Central Bank. "

2. § 20 reads:

" § 20. (1) As far as other federal laws are referred to in this Federal Act, these are, if not otherwise determined, to be applied in their respectively valid version.

(2) Where reference is made in this Federal Act to Directive 2002/87/EC, unless otherwise indicated, Directive 2002/87/EC on the supplementary supervision of credit institutions, insurance undertakings and investment firms shall be of a financial conglomerate and amending Council Directives 73 /239/EEC, 79 /267/EEC, 92 /49/EEC, 92 /96/EEC, 93 /6/EEC and 93 /22/EEC, and Directives 98 /78/EC and 2000 /12/EC, OJ L 136, 31.5.1998, p. No. OJ L 35 of 11.02.2003 p. 1, as last amended by Directive 2013 /36/EU, OJ L 327, 28.12.2013, p. No. OJ L 176, 27.06.2013 p. 338. "

Article 5

Amendment of the Financial Market Supervisory Authority Act

The Financial Market Supervisory Authority Act-FMABG, BGBl. I n ° 97/2001, as last amended by the Federal Laws BGBl. I No 184/2013 and BGBl. I n ° 11/2014, shall be amended as follows:

(1) The following paragraph 6 is added to § 3:

" (6) A replacement claim based on federal legislation arising from acts of the FMA, its servants or its institutions, which are subject to the supervision of special tasks in connection with the supervision of the FMA, its employees or its institutions Credit institutions to the European Central Bank, OJ No. OJ L 287, 29.10.2013 p. 63, shall be excluded in the following cases:

1.

Acts in order to comply with the instructions of the European Central Bank, or to fulfil an order;

2.

acts in the preparation or implementation of decisions of the European Central Bank;

3.

Cooperation, exchange of information or other support of the European Central Bank. "

2. § 13 para. 2 Submission statement reads:

" For the purposes of § § 13 to 13b of this Federal Act and Section 44c of the National Bank Act 1984, BGBl. N ° 50/1984, shall be deemed to be: '

(3) In § 22c (1), first sentence, the word group shall be "against § 66 para. 1 ZaDiG" through the word group "pursuant to Section 98 (1a) of the Federal Elections Act, Section 66 (1) of the ZaDiG" replaced.

Article 6

Amendment of the Investment Fund Act 2011

The investment fund law 2011-InvFG 2011, BGBl. I n ° 77/2011, as last amended by the Federal Laws BGBl. I No 184/2013 and BGBl. I n ° 11/2014, shall be amended as follows:

1. § 10 (6) reads:

" (6) Management companies have to comply with § § 2, 20 to 21, 28 to 28b, 29 to 30, 35 to 39, 39b, 40 to 41, 43 to 68, 70a, 74 to 76, 81 to 91, and 93 to 93c BWG as well as parts 1, 2 and 4 of Regulation (EU) No 575/2013. § § 39 (3) and (4) (4), 57 (5) and 74 (1) in conjunction with 74 (6) Z 3 lit. a BWG find no application. "

2. § 10 (7).

§ 200 (9) second and third sentence reads as follows:

" § 151 Z 11a in the version of the Federal Law BGBl. I n ° 184/2013 comes with 1. Jänner 2015 in force. § 151 Z 11 in the version of the Federal Law BGBl. I No 184/2013 shall expire on 31 December 2014. '

Article 7

Amendment of the Securities and Markets Act 2007

The Securities and Markets Act 2007-WAG 2007, BGBl. I n ° 60/2007, as last amended by the Federal Laws BGBl. I No 184/2013 and BGBl. I n ° 11/2014, shall be amended as follows:

1. In Section 6 (2), the reference "99c to 99g" by reference "§ § 99e to 99g" replaced.

2. In Section 11a (4) (2), the reference "85/611/EEC" by reference "2009/65/EC" replaced.

3. In § 31 (3), the reference "85/611/EEC" by reference "2009/65/EC" replaced.

4. In § 40 (5) Z 2, the reference "48 (5) Z 7 AIFMG" by reference "§ 48 (5) Z 7 AIFMG" replaced.

5. In § 58 sec. 2 Z 4 the reference " Art. Article 4 (1) (24) of Regulation (EU) No 575/2013 " by reference " Art. Article 4 (1) (46) of Regulation (EU) No 575/2013 " replaced.

6. In § 76 (1b) the reference is made "§ 9 (2)" by reference "§ 9 (6)" replaced.

Article 8

Amendment of the Payment Services Act

The Payment Services Act -ZaDiG, BGBl. I n ° 66/2009, as last amended by the Federal Law BGBl. I n ° 11/2014 and BGBl. I n ° 13/2014, shall be amended as follows:

1. In § 15 (1), the reference "Part 2, Title II, Chapter 2 of Regulation (EU) No 575/2013" by reference "Part 2, Title I, Chapter 2 of Regulation (EU) No 575/2013" replaced.

2. In § 15 (2), the reference "Part 2, Title II, Chapter 2 of Regulation (EU) No 575/2013" by reference "Part 2, Title I, Chapter 2 of Regulation (EU) No 575/2013" replaced.

3. § 42 (1) second sentence is deleted.

4. In § 76 (2) Z 10 the word group shall be " in the version of Regulation (EU) No xx/2014 amending Regulation (EU) No 260/2012, OJ L 206, 22.7.2012, p. No. L xx vom xx.xx.2014, S. x " through the word group " as amended by Regulation (EU) No 248/2014 amending Regulation (EU) No 260/2012 as regards the conversion to Union-wide credit transfers and direct debits, OJ L 327, 30.11.2014, p. No. OJ L 84, 20.3.2014 p. 1 " replaced.

Article 9

Amendment of the Central Counterparty Law on Enforcement

The Central Counterparty Law Enforcement Act-ZGVG, BGBl. I n ° 97/2012, as last amended by the Federal Law BGBl. I No 70/2013 and BGBl. I n ° 11/2014, shall be amended as follows:

§ 11 reads as follows:

" § 11. (1) Insofar as other federal laws are referred to in this Federal Act, they shall be applied in their respectively applicable version.

(2) Where reference is made in this Federal Act to Regulation (EU) No 648/2012, unless otherwise provided, Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories, OJ L 206, 22.7.2012, p. No. 1, as amended by the corrigendum to Regulation (EU) No 575/2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, OJ L 201, 31.7.2012, p. No. OJ L 321 of 30.11.2013 p. 6. "

Fischer

Faymann