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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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_59/BGBLA_2014_I_59.html

59. Federal law that modifies the Banking Act, the Stock Exchange Act 1989, the E-money law 2010, the financial conglomerates Act, the financial market Authority Act, the investment fund law 2011, the securities supervision Act 2007, the payment Services Act and the central counterparties enforcement law

The National Council has decided:

Table of contents article 1 amendment of the Banking Act article 2 amendment to the Stock Exchange Act 1989 article 3 change of E-money law 2010 article 4 amendment of the financial conglomerates Act article 5 amendment of the financial market Authority Act article 6 amendment of the Investment Fund Act 2011 article 7 amendment of the securities supervision Act 2007 article 8 amendment of the payment Services Act article 9 change of central counterparties Enforcement Act article 1

Amendment of the Banking Act

The Banking Act – Banking Act, Federal Law Gazette no 532/1993, as last amended by Federal Law Gazette I no. 11/2014 and Federal Law Gazette I no. 13/2014, is amended as follows:

1. in the table of contents is after the entry "section 24a. Capital preservation plan"the following entry is inserted:" article 24 b. macro-prudential supervision in the single supervisory mechanism "2. The heading of the XIII. section of the table of contents is as follows:

"XIII section: provisions relating to the collateral pool pursuant to § 216 ABGB"

3. in the table of contents will be after the entry "§ 71. on spot checks" the following entry is inserted: "section 71a. "and § 71 b. early intervention" 4. In the table of contents of the entry is "§ 75. credit register" by the entry "§ 75. Central Credit Register" replaced.

5. in the table of contents will be after the entry "section 77 c." Cross-border decision-making"the following entry is inserted: 'article 77d. Supervision by the European Central Bank - uniform supervisory mechanism"6. In the table of contents of the entry is "§ 103. to article 103r. transitional provisions" by the entry "§ 103.-section 103 s." Transitional provisions"replaced.

7. in section 1, paragraph 4, the phrase "Federal Minister for Economics and labour" is replaced by the phrase "Federal Minister for science, research and economy".

8. in section 2 Z 44b the reference "23d para 1" is replaced by the reference "section 23d para 1".

9 § 3 par. 2 introductory part is:

"The provisions of part 6 of the Regulation (EU) No. 575/2013, the § § 25, 27a, 39 paragraph 2 b Z 7 in connection with paragraph of 4, 39 paragraph of 3 and 74 paragraph 6 No. 3 lit." "(a) in connection with 74 para. 1 of the Federal law do not apply to:"

10 section 3 para 2 No. 4 is omitted.

11 section 3 para 2 No. 7 is eliminated.

12 paragraph 3 paragraph 2a:

"(2a) the provisions of part 6 and 7 of the Regulation (EU) No. 575/2013, the § § 25, 27a, 39 paragraph 2 b Z 7 in connection with paragraph of 4, 39 paragraph of 3 and 74 paragraph 6 No. 3 lit." Par. 1 of the Federal Act refer to credit institutions which mainly operate on the basis of its statutes, the factoring business no application. (a) in connection with 74"

13. in article 3, paragraph 3, the semicolon is replaced at the end of the No. 7 by a point.

14 § 3 paragraph 4a No. 1 is: "1. the sections 22 to 24a, 25, 27a, 39 paragraph 3 and paragraph 4, 39a, 57 paragraph of 5 as well as 74 para 1 in conjunction with 74 § 6 No. 3 lit." a Federal Act and the parts 3, 5, 6, 7 and 8 of the Regulation (EU) no 575/2013 not applicable are;"

15 § 3 par. 7 lit. c is: "c) § 1 para 3, § § 22-24a, § 25, § 27a, article 39a, article 57 par. 5, article 74 para 1 in conjunction with § 6 No. 3 lit. "(a) this Federal Act and article 89 to 91 and 3, 5, 6, 7 and 8 of the Regulation (EU) no 575/2013 not to apply are part and part 4 of the Regulation (EU) no 575/2013 not on the assets of the collective investment undertaking to apply is;"

16. in article 5, paragraph 1, no. 6 is replaced by the phrase "any other entity as a natural person whose business" the phrase "any other legal entity as an individual, on their business".

16A. § 5 par. 1 Z 9a introduction part is as follows:

"the managers spend plenty of time for the performance of their duties in the credit institution; It has a business manager in the case of the exercise of multiple activities in executive function, or as a member of a supervisory board to take into account the circumstances in each case and the nature, the scope and complexity of the business of the credit institution; Managing Director may only work in executive function by credit institutions, which are of major importance in terms of paragraph 4, as well as carry out two additional activities as a member of a supervisory board; several activities in executive function and as a supervisory board member shall apply for the calculation of the number of activities'

17 § 5 para 1 No. 9a lit. a is: ' a) within the same group consisting of aa) the EU parent institution, which subsidiaries and own subsidiaries or other companies belonging to the same group of credit institutions, as far as all mentioned above in the supervision on a consolidated basis are included FKG are subject to supplementary supervision in accordance with article 6, paragraph 1, or bb) affiliated companies in accordance with section 228 para 3 UGB, § 245 a UGB or § 15 AktG; "

17A. the following paragraph 4 is added to article 5:

"(4) a credit institution is Z 9a or article 28a paragraph 5 Z 5 of major importance pursuant to paragraph 1, if its balance sheet in the average to the respective dates of the last three completed financial years reached 5 billion euros or exceeded; "apply anyway, as credit institutions of considerable importance: 1 credit institutions, who in accordance with article 6 paragraph 4 of Regulation (EU) no 1024/2013 apply not as less important or in the case of a major group of supervised in accordance with article 2 of Regulation (EU) No. 22 No. 468 / 2014 only pursuant to part 1 of the Regulation (EU) No. 575 / 2013 consolidating credit institution, or 2. credit institutions, by the FMA in accordance with section 23 b as global Systemrelevantes Institute or c as Systemrelevantes Institute is classified under section 23."

18. in section 10, paragraph 4, Z 4 the phrase "systemic risk end of" is replaced by the phrase "systemic risk".

19. in article 11, paragraph 1 and 4, the phrase "Number 2 to 14" each by the phrase "Number 2 to 15" is replaced.

20. in article 13, paragraph 1, the phrase "Paragraphs 2 to 14" is replaced by the phrase "Numbers 2 to 15".

21. in section 13 para 4 Z 1 replaced the phrase "sections 74 to 75" by the phrase "74-75".

22. in article 15, paragraph 7, the phrase "systemic risk end of" is replaced by the phrase "systemic risk".

23 paragraph 20b paragraph 1 Z 4: "4. If the credit institution in a position will be and remain, the prudential requirements on the basis of the directives 2009/110/EC, to meet 2013/36/EC, 2002/87/EC and the Regulation (EU) No. 575/2013, and in particular, whether the group, it will belong to the, a tree has, which makes it possible to exercise effective supervision" ", making an effective exchange of information between the competent authorities and to determine the Division of responsibilities between the authorities (§ 5 par. 1 Z 4 and 4a);"

24. in article 21, paragraph 1 Z 9 is the reference "article 4 number 1 of Directive 2006/48/EC" the reference "article 4 para 1 No. 1 of the Regulation (EU) No. 575/2013" replaced.

25 § 21 para 4 No. 1 is: "1. it no insurance and guarantee is in accordance with § 137 c GewO 1994; in cases of damage pursuant to § 137 c GewO 1994 stick credit institutions with their own resources;"

26 § 21 para 2 is as follows:

"(2) the FMA is in the approval process for internal approaches in accordance with article 143 para 1 and 3, article 221 para 1 and 2, art. 225 para. 1, art. 259 para. 3, art. 283 para. 1, art. 312 (2) and article 363 para 1 and 3 of Regulation (EU) No. 575/2013 an advisory statement from the Austrian National Bank on to catch up with the existence of the respective requirements within the meaning of this regulation."

27. in article 21a, para 4 is the reference "Regulation (EU) no 1093/2010" the reference "Regulation (EU) No. 575/2013" replaced.

28. in § 1 is 21 b after the reference "article 282 para 6," the reference "article 298 para 4," added.

29 paragraph 22, section 3:

"(3) the FMA has to obtain an advisory statement from the Austrian National Bank in assessing inventory and system risk (paragraphs 1 and 2) and to document the assessment made in writing. If there is a risk of system, the EBA under Supplement of relevant documents are the Federal Minister of finance, the financial market stability Panel and CRR institutions to inform immediately. If there is a threat of stock, which does not at the same time represents a threat to system is to inform immediately. the Federal Minister of finance under Supplement of relevant documents"

30. in Article 22a, paragraph 1 the reference is "article 458 paragraph 4 lit. c of the Regulation (EU) No. 575/2013 "the reference"article 458 para 2 lit. of Regulation (EU) No. 575/2013 "replaced.

31 § 22a para 2 is as follows:

"(2) the FMA is the competent authority in accordance with article 458 para 1 of the Regulation (EU) No. 575/2013."


32. in Article 22a, paragraph 3, the phrase "an advisory statement" is replaced by the phrase "an advisory statement".

33. in section 22a, paragraph 4, introductory part, the reference is replaced "Paragraph 2" with the reference to "Paragraph 3".

34. in Article 22a, paragraph 5 the references are substituted "Paragraph 2" "Paragraph 3" with the reference.

35. in Article 22a, paragraph 6 the references are substituted "Paragraph 2" "Paragraph 3" with the reference.

36. in Article 22a, paragraph 7, the reference is replaced "para 3 to 5" with the reference "subsection 4 to 6".

37. in section 22a, paragraph 9, no. 1, the phrase "15 points" is replaced by the phrase "15 vH".

38. in section 22a, paragraph 9, no. 2, the phrase "25 points" is replaced by the phrase "25 vH".

39. paragraph 23d para 2 is as follows:

'(2) the FMA is the competent authority for the purposes of article 133 paragraph 1 of Directive 2013/36/EC.'

40. in Section 23d, paragraph 4, introductory part, the reference "Paragraph 3" replaces the reference "ABS 2 Z 1".

41. 24 para 2 introductory paragraph:

"Institutions that do not meet the combined capital buffer requirement, have to compute the maximum distributable amount and notified to the FMA. "In these cases, credit institutions prior to the calculation of the maximum non-distributable amount have to refrain from the following actions:"

42. in article 24 par. 4 Z 2 replaces the word "partially" "partial" the word.

43. According to section 24a, the following paragraph is inserted 24 b along with heading:

"Macro-prudential supervision in the single supervisory mechanism"

section 24 b. (1) intends to the FMA in its capacity as competent authority within the meaning of §§ 22a para 2, 23a para. 2, 23 b para 2, 23 c para 2 and 23d para 2 of this federal law in accordance with article 5 paragraph 3 of the Regulation (EU) No. 1024 / 2013 to proceed, so she has to inform the financial market stability Panel thereof in due time in advance, accompanied of the relevant documents and to give this opportunity to submit of a recommendation within a reasonable period of time. The FMA does not fulfil such a recommendation, it has to justify this to the financial market stability Panel under appendix of relevant documents.

(2) informed the European Central Bank in accordance with article 5 paragraph 4 of Regulation (EU) No. 1024 / 2013 the FMA in its capacity as competent authority according to § 22a para 2, 23a para. 2, 23 b para 2, 23 c para 2 and 23d para. 2 of the Federal Act on one planned decision in accordance with article 5 paragraph 2 of the Regulation (EU) No. 1024 / 2013, so has the FMA to inform the financial market stability Panel and the Federal Minister of finance thereof immediately in supplement of the relevant documents. The financial market stability Panel may recommend para. 4 of Regulation (EU) No. 1024/2013 of the FMA in accordance with the time limit referred to in article 5 to raise objection to the proposed decision of the ECB. Such a recommendation shall be justified by the financial market stability Panel. The FMA does not fulfil this recommendation, it has to justify this to the financial market stability Panel under appendix of relevant documents.

(3) objection the European Central Bank in accordance with article 5 paragraph 1 which regulation (EU) No. 1024/2013 against planned decisions of the FMA pursuant to sections 22a, 23a, 23 b, 23 c and 23d of this Federal Act, so has to inform the FMA financial market stability Board thereof immediately in supplement of the relevant documents."

44. Section 26a para 1 is as follows:

"Instruments of capital shares without voting rights can go (1) credit institutions. Credit institutions in the form of a joint stock company may issued instruments of such as a non-voting shares. With the exception of voting rights such non-voting shares grant the rights to each shareholder of the stock."

45. paragraph 27:

"§ Can set 27 credit unions or management associations as a former credit co-operatives (§ 92 para 8) in the cooperative agreement, that the liability of its members limited to the share (§ 86a GenG). The necessary amendment to the cooperative contract can 484 para 5 and art. 486 at elimination of referred to in article paragraph 4 lit. g of Regulation (EU) No. 575 / 2013 eligible prison sum aggregates only be decided if an auditor to bestellender under the legislation concerning the revision of the cooperative in a written opinion is confirmed, ensure compliance with the regulatory provisions under part 2 to 8 of the Regulation (EU) No. 575/2013 also without crediting a prison Sum aggregate. In addition, § 33a GenG, with the proviso that the immediate understanding of known creditors according to § 33a paragraph 1 last sentence GenG can be avoided, if the auditor expresses in his opinion, that the limitation of liability on the ownership interest with the interests of the creditors of the cooperative is compatible applies to limitation of liability on the share. The liability of the auditor for the contents of its opinion is GenRevG according to § 10 1997 in connection with section 62a."

46. in article 28a paragraph 2c "Board of supervisors" is replaced by the word "Board of supervisors".

47. in section 28a (4), the phrase is "the result of the election to the" by the phrase "any change in the person of the" replaced.

48. Article 28a paragraph 5 Z 5 is: "5. the members of the Supervisory Board plenty of time for the performance of their activities in the credit institution spend; in particular, has a member of the Supervisory Board in the exercise of other activities in executive function, or as a member of a supervisory board to take into account the circumstances in each case and the nature, the scope and complexity of the business of the credit institution; If they are not active as a representative of the Republic of Austria on the Supervisory Board, members of the Supervisory Board of credit institutions, which are of major importance in the sense of § 5 ABS. 4, can carry a total of only an activity in executive function in connection with two activities as a member of a supervisory board or four activities as a member of a supervisory board; (for the calculation, multiple activities in executive function, and as a member of a supervisory board are the number of activities) within the same group consisting of aa) the EU parent institution, which subsidiaries and own subsidiaries or other companies belonging to the same group of credit institutions, as far as all mentioned above in the supervision on a consolidated basis are included or FKG are subject to supplementary supervision in accordance with article 6, paragraph 1, or bb) affiliated companies in accordance with section 228 para 3 UGB , § 245a UGB or § 15 AktG;

(b) in the case of members of the same institutional assurance system referred to in article 113, paragraph 7 lit. (b) of Regulation (EU) No. 575/2013 or c) companies where the credit institution is a qualified participation in accordance with article 4 paragraph 1 point 36 of the Regulation (EU) No. 575/2013 keeps as only an activity. Activities in executive function, or as a member of a Supervisory Board of organizations that are not primarily commercial aims or activities as a member of a Supervisory Board of a credit institution as the representative of the Republic of Austria are not include in the calculation. The FMA may approve upon request exceeding this limit to an activity as a member of a supervisory board. The FMA has the EBA on such permits to inform regularly."

49. paragraph 28b para 2 subpara 1: "1 claims for federal countries, communities, authorities based abroad, central banks, central Governments, public authorities (article 4 paragraph 1 number 8 of the Regulation (EU) No. 575/2013), international organisations or multilateral development banks," 50th § 30 para. 1 No. 1 is: "1 the statutory requirements pursuant to section 244, para 1 UGB for the preparation of consolidated financial statements complies with "," 51st § 30 par. 1 Z 3 is: "3. has the right to appoint the majority of the members of the administrative, management or supervisory body or dismissing, and at the same time is shareholder," 52. Article 30, paragraph 1 Z 4 is omitted.

53. § 30 par. 1 Z 5 is: "5 can exert a dominant influence or actually pursues," 54. Article 30, paragraph 1 Z 7 is: ' 7 participation in accordance with article 4 para 1 No. 575/2013 at the downstream Institute holds number 35 of the Regulation (EU), and this investment is managed by a group-affiliated company together with one or more companies, belonging to the credit institution group " ", if the liability of the undertakings concerned is limited to their capital share."

55. in the final part of the section 30, paragraph 1, the reference is "article 2 paragraph 3 of Directive 2013/36/EC" the reference "article 2 paragraph 5 of Directive 2013/36/EC" replaced.

56. According to § 30 para 2, the following paragraph 2a is inserted:

"(2a) the credit institutions in accordance with § 1 para 1, on which the provisions of Regulation (EU) no application find no. 575/2013 according to § 3, are subordinate, must not apply to financial institutions and providers of ancillary services, the provisions of this Federal Act, that apply, for groups of credit institutions, when 1."

their balance sheet either less is ten million euros, or less than 1 vH of the balance sheet total of the parent credit institution is where to turn off on the smaller of the two amounts is, or whose balance sheet total is 2 less than 1 vH of the balance sheet total of the parent credit institution, and the operator responsible for the goals of banking supervision only of minor importance.

Several subordinate institutions meet the requirements of the Z 1 or 2 and these are taken together for the objectives of the supervision of credit institutions not of minor importance, the provisions of this Federal Act, that apply to groups of credit institutions, to apply are."

57. paragraph 30 para 3:

"(3) indirectly held interests shall be included only if they of a subsidiary in accordance with article 4 paragraph 1 number 16 of the Regulation (EU) no 575/2013 are met." § 244 4 and 5 UGB is para to apply."

58. § 30 par. 4 No. 2 is omitted.

59. the section 30 paragraph 4 following no. 3 shall be added: "3. the credit institution with headquarters in Germany, except the Central Organization, is a member of a credit institutions network (section 30a)."

60. in the introductory part of article 30, paragraph 9a is the reference "article 16 of the Regulation (EU) No. 575/2013" the reference "part 1, title II chapter 2 of Regulation (EU) No. 575/2013" replaced.

61. § 30 paragraph 9a No. 1 and no. 2 is: "1. has the FMA to examine whether this institution of supervision on a consolidated basis by the competent authority of the third country shall be subject to and this oversight No. 575/2013 on the supervision on a consolidated basis corresponds to the principles of this federal law and the Regulation (EU);

2. has the FMA, if there is no equivalent supervision, to apply the provisions of this Federal Act and the Regulation (EU) No. 575/2013 on the supervision on a consolidated basis according to the credit institution. In this case, the FMA has after consultation with the competent authorities of a third country and the EBA this review at the request of the parent undertaking in the community of approved company or on its own initiative to make one;"

62. in article 30a, paragraph 1 Z 2 is the reference "article 9 paragraph 1 of the Regulation (EU) No. 575/2013" the reference "article 10 paragraph 1 of the Regulation (EU) No. 575/2013" replaced.

63. section 30a paragraph 10, second sentence, is:

"The Central Organization has to ensure that the Managing Director of associated banks meet the requirements pursuant to § 4 para 3 No. 6 and the requirements pursuant to § 5 para 1 are Z 6 to 13, and that the credit institutions Federation of banking and banking operations risk and remuneration policies and practices (§ 39 para 2) has administrative, accounting and control procedures for the acquisition, evaluation, control, and monitoring."

64. in article 30a, paragraph 10 is the reference "article 9 paragraph 1, lit. c of the Regulation (EU) No. 575/2013 "the reference"article 10 par. 1 lit. c of the Regulation (EU) No. 575/2013 "replaced.

65. in article 30a, paragraph 13, the phrase "credit institution team" is replaced by the phrase "credit associations".

66. section 39B para 2 No. 3 is: "3. the verification whether the pricing of services offered by a credit institution and products adequately considered the business model and the risk strategy of the credit institution and, if necessary, submit of a plan with corrective action," 67. In section 39B, paragraph 2 No. 4 is the word "win" replaced by the word "Win".

68. § 42 para 4 No. 4 is: "4. for credit institutions the their capital requirements for market risk in accordance with part 3 title IV of Regulation (EU) (No. 575/2013 determine a) the criteria for determining the qualified assets;"

(b) the method of determining the market price in accordance with article 105 par. 3 to 5 of the Regulation (EU) No. 575/2013;

(c) the model of evaluating options, in particular the establishment of volatilities and other parameters for the determination of the Delta factor referred to in article 105 paragraph 6 and 7 of the Regulation (EU) No. 575/2013;

"(d) the discovery of the other, associated with options risks referred to in Article 329 paragraph 2 of Regulation (EU) No. 575/2013;"

69. in article 42, paragraph 4, the semicolon is replaced at the end of the Z 5 by one point.

70. in article 43, paragraph 1, the phrase "credit institution team" is replaced by the phrase "credit associations".

71. in article 43, paragraph 2, the phrase "credit institution team" is replaced by the phrase "credit associations".

72. in article 59, paragraph 7, the phrase "Provider of ancillary services" is replaced by the phrase "Providers of ancillary services".

73. in article 63 para. 3 Z 4 is the phrase "or other relevant banking supervision law or regulations" by the phrase "or significant other for the prudential legal or other requirements" replaced.

74. paragraph 63 para 4, 4a and 5:

"(4) the bank auditor has to consider the legality of the financial statements. The examination shall also cover: 1. the observance of articles 18, 19, 92, 395 and 412 of Regulation (EU) No. 575/2013;

2. observance of articles 25, 27 and 30-30 c of this federal law;

3. compliance with §§ 39, 39a and 40 to 42 of the Federal Act;

4. the attention of articles 89 to 91 and 405 of Regulation (EU) No. 575/2013;

5. the observance of § 6 ABS. 3 to 5 of the Bank intervention and restructuring Act;

6. the allocation of items to the trading book, as well as any changes to the internal criteria for their inclusion in the trading book;

7 banks, part of the 3 title I Chapter 3 of Regulation (EU) No. 575/2013 apply: a) the criteria for determining the qualified assets;

(b) the procedure for the determination of 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 establishment of volatilities and other parameters for the determination of the Delta factor pursuant to article 377 of Regulation (EU) No. 575/2013;

(d) the identification of the other risks associated with options pursuant to part 3 title IV of Regulation (EU) No. 575/2013;

8. for credit institutions, the the minimum capital requirement for operational risk in accordance with part 3 title III Chapter 3 of Regulation (EU) No. 575/2013 determine: the compliance with the conditions laid down in article 320 of the Regulation (EU) No. 575/2013;

9. the attention of the 2nd and 3rd main piece WAG 2007;

10. the compliance with the requirements laid down in article 49 paragraph 3 lit. a sublit. v of Regulation (EU) No. 575/2013 institutional backup systems, the article 49 paragraph 3 of Regulation (EU) No. 575/2013 apply.

11. the legality and correctness of netting agreements, as well as the fulfilment of the conditions in accordance with Article 296 (3) of Regulation (EU) No. 575/2013;

12. the compliance with §§ 8-35, 39-45, 66-92 and 128 to 138 InvFG 2011, compliance with the paragraphs 2 to 9 and 21 to 36 ImmoInvFG and the observance of §§ 18-45a BMSVG;

13. loans, where there are special circumstances with regard to their height, the way of ensure, editing, or a deviation from the ordinary business priorities of the credit institution;

14. the observance of the other provisions of this Federal Act, the Regulation (EU) No. 575/2013 and the other for credit institutions essential legislation.

(4a) the verification by the bank auditors of a central institution has to include also within 6 months of completion of the financial year of the Central Institute: 1. the consolidated balance sheet or the advanced summary invoice in accordance with article 49 paragraph 3 lit. a sublit. (iv) Regulation (EU) No. 575/2013 institutional backup systems, the article 49 paragraph 3 of Regulation (EU) No. 575/2013 apply;

2. the report referred to in article 113 paragraph 7 lit. e of Regulation (EU) No. 575/2013.

(5) the result of the examination referred to in paragraph 4 and paragraph 4a is to represent in an annex to the audit report on the financial statements (supervisory audit report), with the result of the examination referred to in paragraph 4a in a separate annex to the audit report can be represented. The audit in accordance with paragraph 4 includes the organizational structure and the administrative, accounting and control procedures (§ 39 para 2), who have set up the business ladder in the terms of paragraph 4 Z 1 to 12 indicated regulations Z 1 to 12. The result of the examination referred to in paragraph 4 Z is 1 and 2 and paragraph 4a with a positive assurance, to connect Z 3 to 12 with a negative assurance at least the result of the examination referred to in paragraph 4. The result of the examination referred to in paragraph 4 is the Member of a group of credit institutions in accordance with Nos. 1 and 2 banks, 1 by way of derogation from section 30a of this Federal Act or an institutional scheme in accordance with article 113 paragraph 7 of the Regulation (EU) No. 575/2013 are, and 2. their balance sheet total does not exceed EUR 1 billion and 3. any transferable securities have issued, which Stock Exchange Act are admitted to trading on a regulated market in accordance with section 1, paragraph 2 ,


at least with a negative assurance. To par. 4 Z 13 and 14 has to report the bank auditors significant perceptions, which he encountered in the course of its activities, even if they lead to any reporting obligation pursuant to paragraph 3. This is with the audit report on the annual accounts the managers and the existing law or statutes supervisory bodies of credit institutions so timely to submit that the presentation specified in § 44 para 1 can be kept. The FMA has to assess form and outline this system and the system referred to in paragraph 7 by Decree."

75. in article 65, paragraph 2, the term "HGB" is replaced by the term "UGB" Z 3.

76. in paragraph, the reference "section 59a para 1" is replaced by the reference "section 59a" 65 para 2a introduction part.

77. the heading of the XIII. section is as follows:

"XIII. provisions relating to the collateral pool pursuant to § 216 ABGB"

78. in article 66, paragraph 1, the reference "section 230a ABGB" the reference is "§ 216 ABGB" replaced.

79. in article 67, paragraph 1, the reference "section 230a ABGB" the reference is "§ 216 ABGB" replaced.

80. in article 69, paragraph 2, no. 3 is replaced by the phrase "credit institutions" the phrase "of the Bank".

81. in article 69, paragraph 3, b is replaced by the word "Approaches" the word "Approaches".

82. in paragraph 69, para 2 No. 3 lit. b is replaced by the term "held capital" the phrase "held its own resources".

83. in article 70, paragraph 1, the phrase "credit institution team" is replaced by the phrase "credit associations" and the phrase "credit institution associations" each by the phrase "credit unions".

84. § 70 para 2 Z 1a is eliminated.

85. in article 70 paragraph 4a No. 1 is the reference "section 39 paragraph 2 b" the reference "article 1 of Regulation (EU) No. 575/2013" replaced.

86. section 70 para 4b Z 6 is: "6 which according to the results of the stress tests in accordance with article 377 para 5 of the Regulation (EU) No. 575 / 2013 resulting capital adequacy requirements go significantly higher than the capital requirements for the correlation trading portfolio pursuant to article 377 of Regulation (EU) No. 575/2013 out."

87. section 70a para 4 is as follows:

"(4) her or any of its subsidiaries has the mixed financial holding company, the parent mixed financial holding company, the mixed holding company established in another Member State, so that has to ask the competent authorities of the other Member State to the test referred to in paragraph 2 FMA."

88. in section 70a para 5, the term "Major credit message" is replaced by the term "Message".

89. in article 71, paragraph 8, the reference is replaced "para 1 to 8" with the reference "paragraphs 1 to 7".

90. § 73 para 1 Nos. 2 and 3 is: "2. any modification of the requirements pursuant to § 5 para 1 Z 6, 7, 9a, 10 and 13 at existing managers;"

3. any change in the person of the Director, as well as compliance with article 5, paragraph 1 No. 6 to 11 and 13 and in the case of a custodian bank pursuant to § 41 InvFG 2011 compliance with § 41 para 2 InvFG 2011;

91. in article 73, paragraph 1 Z 8, the phrase "any appointment of an Aufsichtsratsmitgliedes" is replaced by the phrase "any change in the person of Aufsichtsratsmitgliedes".

92. in article 73, paragraph 1, the point is replaced at the end of the Z 17 by a semi-colon and following Z 18 added: "18 intended use of contractual netting agreements in accordance with article 295 of the Regulation (EU) No. 575/2013."

93. According to article 73, paragraph 1, the following paragraph 1a is inserted:

"(1a) financial holding companies and mixed financial holding companies have in writing without delay to show the FMA, where in the case of a decision not to wait is the occurrence of the effectiveness of the subject of the decision: 1 any change the requirements pursuant to § 30 paragraph 7a with regard to article 5, paragraph 1 Nos. 6 and 7 with existing managers and any change in the person of the Director, as well as compliance with section 30 paragraph 7a in terms on § 5 par. 1 Z 6 to 9;"

"2. any change in the person of an Aufsichtsratsmitgliedes indicating the fulfilment of the requirements according to § 30 paragraph 7a with regard to § 28a paragraph 5 Z 1 to 4 and any changes in the requirements pursuant to § 30 paragraph 7a with regard to § 28a paragraph 5 Z 1 to 4 existing members of the Supervisory Board."

94. § 73 para 3 second sentence reads:

"The FMA is a list of financial holding companies and mixed financial holding companies in accordance with article 11 of the Regulation (EU) No. 575/2013 to the European Commission, the EBA and the competent authorities of the other Member States."

95. in section 73, subsection 4, the term "Parameters" is replaced by the term "Parameter" Z 2.

96. in article 73, paragraph 4a No. 3 is the term "Parameters" replaced by the word "Parameter".

97th first sentence is Article 73a:

"The FMA may prescribe after consulting of the Austrian National Bank by regulation, that the ads, submissions, briefings, that finding a knowledge and presenting in accordance with § 9 par. 5, article 10 par. 2, 5 and 6, section 11, paragraph 3 last sentence, § 13 para 3, § 20 para 3, § 25, subsection 8 Z 9, section 28a (4), section 63, paragraph 1, section 70a para 5, § 73 para 1 Z 1 to 18" , Par. 1a, para 2, para 3, section 4, paragraph 4a and para 5 and section 93a paragraph 8 of this Federal Act, in accordance with § 2 para 2 of Ward Safety Ordinance, BGBl. No. 650/1993 amended regulation BGBl. II No. 219/2003 as well as in accordance with article 143 para. 4, art. 312 para 1 and 3, article 363 para. 3, art. 366 para. 5 and art. 396 para 1 of the Regulation (EU) No. 575/2013 "that have to be carried out only in electronic form, as well as to meet minimum technical requirements, specific outlines and modalities."

98. in article 74, paragraph 1 the phrase replaced "regulation" by the phrase "the regulation".

99. paragraph 74 para 4:

"(4) the Austrian National Bank has about the messages in accordance with article 25 and article 92 to reimburse 394 and 415 of the Regulation (EU) No. 575 / 2013 Advisory statements."

100. the heading before section 75 is as follows:

"Central credit register"

101. in section 75, paragraph 4, the phrase "the big credit evidence" is replaced by the phrase "the central credit register".

102. in article 75, paragraph 5, first sentence is replaced by the phrase "of with the central credit register" the phrase "of the large credit evidence".

103. in article 75, paragraph 5, second sentence is replaced by the phrase "the central credit register" the phrase "of the large credit evidence".

104. in section 75, paragraph 7 Z 1, the phrase "a comparable evidence of large credit" is replaced by the phrase "other similar central credit register".

105. in article 75, paragraph 8, the phrase "the big credit evidence" is replaced by the phrase "the central credit register".

106. in section 77 (4), the term "Large exposures" is replaced by the term "Large exposures" Z 11.

107. in article 77, par. 4, Z 15 replaced the phrase "§ 74 and 74a" by the phrase "§§ 74 and 74a".

108. § 77 para 4 No. 16 is: "16 central credit registers and similar institutions from abroad;"

109. in article 77, paragraph 5, the phrase "for which" replaced by the phrase "with the" is Z 3.

110. in § 77 para 5 No. 6 is the word "responsible" by the word "entrusted" replaced.

111. under section 77c, 77d the following paragraph with heading shall be inserted:

"Supervision by the European Central Bank - uniform supervisory mechanism

§ 77d. (1) the FMA and the OeNB have each with tasks assigned to this federal law, powers, and duties only to the extent that them, as their exercise under the provisions of Regulation (EU) No. 1024/2013 is reserved not the European Central Bank.

(2) as far as the FMA in implementation of relevant EU law within the meaning of article 4 No. 1024/2013 through this federal law has been authorised (3) of Regulation (EU) to exert their coming to power through regulation, and these powers by the European Central Bank in accordance with article 4 of Regulation (EU) No. of 1024/2013 on the basis of national legislation will be exercised, the procedures laid down by this federal law for the FMA to exercise these powers on the European Central Bank shall not apply.

(3) to the effective defence of the tasks conferred upon them by this Act and powers within the framework of the unified supervisory mechanism in accordance with article 6 of Regulation (EU) No. 1024/2013 have their activities within the single supervisory mechanism to coordinate the FMA and the OeNB and immediately mutually to provide each other all information, application and request.

(4) the obligations provided for in this federal law of FMA and Oesterreichische Nationalbank to set the data in accordance with § 79 par. 3 of the Austrian National Bank to persistent under common database for banking supervisory analysis accounts for, as far as this data into a data base created the European Central Bank within the framework of the unified supervisory mechanism to adjust are and this data of both the FMA and Oesterreichische Nationalbank are accessible at all times."


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

113. paragraph 79 paragraph 2:

"(2) as far as the transmitted pursuant to section 73a, are all ads pursuant to § 20 and 73, documents in accordance with article 44, paragraph 1 and 5, messages in accordance with the sections 74 and 74a, as well as reports in accordance with article 99, to transmit 100, 101, 394, 415, 430 of Regulation (EU) No. 575/2013 within the stated deadlines of also the Austrian National Bank."

114. the section 79 the following paragraph 7 is added:

"(7) based on bundesgesetzlicher control claims from action taken by the Austrian National Bank, its staff or its institutions, in the framework of Regulation (EU) No. of 1024/2013 to transfer special tasks relating to the prudential supervision of credit institutions on the European Central Bank, OJ" No. L 287 of the 29.10.2013 p. 63, be active, is excluded in the following cases: 1. measures adopted in execution of an instruction or fulfillment of a mission of the European Central Bank;

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

3. cooperation, exchange of information or other assistance of the European Central Bank."

115. in § 83 para 5, the reference "Article 14 of Directive 2006/48/EC" is replaced by the reference "Article 20 of Directive 2013/36/EC".

116. section 93a paragraph 1 reads:

(1) that have backup facilities to commit their institutions, for the case of a payment of guaranteed deposits or compensation for secured investment services to immediately share contributions; the post applied for deposits secured in accordance with the sections 93 to 93 c is limited to the extent of EUR 50 000 per depositor. The devices have to meet those organizational arrangements that enable immediate assessment and payment of secured claims. If no paragraph 4 is applicable, contributions applies first. subject to paragraph 2, only for the member institutions of the protective device of the concerned Association. The contributions of the Member institutes are to in case of a payout of guaranteed deposits according to the proportion of the safe deposits (§ 93 par. 2 to 5) to the sum of total guaranteed deposits (according to the relevant provisions in accordance with § 93 par. 2 to 5) at the previous balance sheet date. In the case of a payment of a compensation for secure investment services, measurement is according to § 93 b. The member institutions are lit in the year maximum total contributions amounting to 1.5 vH of the assessment basis pursuant to article 92 para. 3. of Regulation (EU) No. 575/2013, plus the multiplied by 12.5 of the capital requirement for position risk (part 3, title IV Chapter 2 of Regulation (EU) No. 575/2013) credit institutions that 3 title IV of Regulation (EU) No. 575/2013 determine their capital requirements for market risk in accordance with part, committed to the last balance sheet date, is for the multiple use within a period of five fiscal years the basis of assessment in accordance with article 92 para 3 lit. of Regulation (EU) No. 575/2013 to the amounts already in the claim multiplied with the reducing ratio of 40; This shall apply analogously for voluntarily in addition connected credit institutions and investment firms pursuant to § 93 par. 7 and 7a. Adhere to the same extent the member institutions also to claims for damages in the Court identified against the protective device; This shall apply analogously for voluntarily in addition connected credit institutions and investment firms pursuant to § 93 par. 7 and 7a."

117. in paragraph 93, b paragraph 4 is replaced by the phrase "Occupational pension fund business" the word "Staff provision fund business".

118. section 94 para 5 introduction part reads:

"The label"Bausparkasse"or a label where this word is included, is reserved for only credit institutions authorised to operate of the Mitarbeitervorsorgekassen. "Words that contain the word root"Bauspar", may only be credit institutions, the"

118a. section 95, paragraph 1 reads:

"(1) clubs in the Association Act 2002 (Vadivelu), Federal Law Gazette I no. 66/2002, and the Verein patent 1852 no banking business may operate without prejudice to the provision of paragraph 2. Provident may only accept funds from their members, if applied immediately on account of Sparverein members with a credit institution. The identification of the members of the Sparverein can be done according to § 40 paragraph 2 by a body of the Association."

119. Article 98 para 3 Z 3 is: "3. the immediate written notification pursuant to § 73 para 3 fails;"

120. in article 98, paragraph 5a Z 8 is the word "ver debt ratio" replaced by the word "Debt".

121. Article 98 is paragraph 5a Z 9: "9 in the case of the credit institution is exposed to the credit risk of a securitisation position, does not meet article 405 of Regulation (EU) No. 575 / 2013 conditions;"

122. in article 98 para 5a final part is replaced the word "Verwaltsübertretung" by the word "Administrative offence".

123. in article 98, paragraph 6, the phrase "section 28a (4) with regard to the display of the re-election of same person as Chairman", and the phrase does not apply "§ 73 para 1 sub-para. 8 with regard to the display of the same person as a member of the Board, appointed".

124. § 99 para 1 subpara 1 is: "1 as the person responsible (§ 9 VStG) a financial holding company or a mixed financial holding company the written notification referred to in § 73 para 1a fails;"

125. § 99 para 1 No. 2 is omitted.

126. in article 99, paragraph 1 Z 12 replaced the word "Large credit reporting" by the word "Notification".

127. § 99 para 1 No. 16 is: "16 was responsible (§ 9 VStG) a credit institution or as a testing body according to § 216 ABGB the provisions relating to the collateral pool pursuant to § 216 ABGB (sections 66 to 68) hurt;"

128. in article 99a, paragraph 1 the reference is "§ 99 No. 6" the reference "article 99, paragraph 1 No. 6" replaced.

129. paragraph 101a:

"§ 101a. "By the FMA in accordance with section 98, paragraph 1, article 98 para. 3 Z 3, section 98, para 5, § 98 para 5a Z 4-10, § 99 para 1 subpara 1 and § 99 d imposed fines accruing to the Federal Government."

130. Article 103q Z 4 lit. a) sublit. EE) is: "ee) assets representing claims and other risks, to institutions, provided that these risk items represent no own resources in accordance with part 2 of the Regulation (EU) No. 575/2013, exist at most until the following business day and not be on a major trading currency;"

131. According to article 103q Z 10 following Z 10a is inserted: "10a.
(zu § 5 ABS. 1 Z 9A): activities in executive function in organizations, whose shares or voting rights wholly or majority directly or indirectly by the Republic of Austria are held and a settlement or restructuring plan was approved for by the European Commission after the EU law regulations and decisions on State aid in accordance with article 107 to 109 TFEU, are calculating according to § 5 para 1 Z 9a third sentence not involving. "

132. According to article 103r, 103 the following section is inserted s:

"section 103 s." After proclamation of the Federal Act Federal Law Gazette I no. 59/2014 following transitional provisions shall apply: 1 (§ 30 par. 1 Z 1): groups of credit institutions, before entry into force of § 30 para 1 subpara 1 in the version of Federal Law Gazette. I no. 59/2014 on base of section 30, paragraph 1 No. 1 as amended by BGBl. I no. 59/2014 located above are, the provisions of this Federal Act can continue until December 31, 2019 , which are valid for groups of credit institutions, apply as long as they show this the FMA in writing until 31 December 2014. A revocation of such a display can be done only at the end of a calendar year, with effect from the next calendar year. The revocation is in writing to submit to the FMA.

2. (§ 63 para 4, 4a and 5): § 63 para 4, 4a and 5 in the version of Federal Law Gazette. I is no. 59/2014 for the first time at the audit of the annual financial statements for the fiscal year 2014 to apply.

3. (§ 73 para 1 Z 18): banks have contractual netting agreements, that already I 59/2014 used no. Z 18 in the version of Federal Law Gazette. before entry into force of § 73 para 1 of the FMA were three months after the entry into force of § 73 para 1 Z 18 in the version of Federal Law Gazette. I see no. 59/2014.

"4. (to § 73 para 1a): § 73 para 1a No. 2 in the version of Federal Law Gazette. I is no. 59/2014 to apply only from 1 January 2015."

133. in § 105 para 4 is the phrase "Directives 2006/48/EC and 2006/49/EC" by the phrase "Directive 2013/36/EC or regulation (EU) No. 575/2013" replaced.

134. § 105 para 5 Nos. 1 and 2 is: "1. Directive 2013/36/EC on access to the activity of credit institutions and investment firms, amending Directive 2002/87/EC and repealing directives 2006/48/EC and 2006/49/EC, OJ No. L 176 of the 27.06.2013 p. 338, as amended by the amending OJ No. L 208 of the 02.08.2013 S. 73, as last amended by the directive of 2014/17/EC, OJ No. L 60 of the 28.02.2014 p. 34;

2.

Regulation (EU) No. 575/2013 on supervision requirements for credit institutions and investment firms and for amending the Regulation (EU) No. 648/2012, OJ No. L 176 of the 27.06.2013 p. 1, as amended by corrigendum, OJ "No. L 321 of the 30.11.2013 p. 6."

135. paragraph 105 paragraph 10:

"(10) as far as this federal law No. 648/2012 refers to Regulation (EU), the Regulation (EU) is, unless otherwise arranged, no. 648/2012 on OTC derivatives, central counterparties and trade repositories, OJ No. L 201 of the 27.07.2012 p. 1, as amended by the amending of Regulation (EU) No. 575/2013 on supervision requirements for credit institutions and investment firms and for amending the Regulation (EU) No. 648/2012, OJ No. L 321 of the 30.11.2013 p. 6, to apply."

136. the section 105 is added the following paragraph 11 to 14:

"(11) as far as this federal law No. 1024/2013 is referenced in the Regulation (EU), the Regulation (EU) is, unless otherwise arranged, no. of 1024/2013 to transfer special tasks relating to the prudential supervision of credit institutions on the European Central Bank, OJ No. L 287 of the 29.10.2013 p. 63, to apply.

(12) as far as this federal law refers the Directive 2002/87/EC, shall, if not otherwise arranged is, the Directive 2002/87/EC on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC of the Council and directives 98/78/EC and 2000/12/EC , OJ No. L 35 of the 11.02.2003 p. 1, most recently amended by Directive 2013/36/EC, OJ No. L 176 of the 27.06.2013 p. 338, to apply.

(13) as far as this federal law refers the directive 2009/110/EC, shall, if not otherwise arranged is, the directive 2009/110/EC on the taking up, pursuit and prudential supervision of the business of electronic money institutions, amending directives 2005/60 and 2006/48/EC and repealing Directive 2000/46/EC, OJ No. L 267 of October 10, 2009 p. 7, to apply.

(14) as far as referenced in this federal law to Regulation (EU) No. 468/2014, so the Regulation (EU) is, unless otherwise arranged, no. 468/2014 establishing a framework for cooperation between the European Central Bank and the national competent authorities and the national designated authorities within the single supervisory mechanism (SSM framework regulation), OJ No. L 141 of the 14.5.2014 S. 1, to apply."

137. Article 107 paragraph 80 Z 3 is: "3. the heading of section 74a, section 74a, paragraph 1, introductory phrase, Z 2 and 3 and section 74a para 2 to 4 as amended by Federal Law Gazette I no. 184/2013 with 31 December 2014 into force."

138. the section 107 83 the following paragraph is added:

"(83) § 30 par. 4 No. 3 in the version of Federal Law Gazette. I no. 59/2014 1 January 2014 into force." "§ 5 par. 1 Z 9a, § 5 para 4, § 28a paragraph 5 Z 5 and § 103q Z 10a in the version of Federal Law Gazette I no. 59/2014 with 1 July 2014 into force."

139. in Appendix 2 to article I § 43, part 2 of section IX. return on capital employed is omitted.

Article 2

Amendment to the Stock Exchange Act 1989

The Stock Exchange Act 1989 - Austrian Stock Exchange Act, Federal Law Gazette No. 555/1989, as last amended by Federal Law Gazette I no. 11/2014 and Federal Law Gazette I no. 13/2014, is amended as follows:

1. after section 48u, paragraph 1, the following paragraph 1a is inserted:

"(1a) the promulgation of a regulation, the measures referred to in paragraph 1 are set, is not in a timely manner possible in the Federal Law Gazette, as is to be published on the Internet FMA regulation on the pages. If the by-laws of the regulation not just temporarily in the Internet is impossible, the statement issued in any other appropriate way, in particular in one or more periodic media works by broadcasting has to be carried out. The effectiveness of the measure depends on its immediate entry into force, can the regulation be, that she immediately comes into force at the time of its announcement."

2 in § 83 para. 5 of the reference is "§ 23 paragraph 4 as amended by BGBl. I no. 184/2013" by the reference "§ 23 para 4 Banking Act in the version before the Federal Law Gazette. I no. 184/2013" replaced.

Article 3

Change of the E-money law 2010

The Federal law on the issuance of electronic money and the pursuit and prudential supervision of the business of electronic money institutions - E-money Act 2010, Federal Law Gazette I no. 107/2010, as last amended by Federal Law Gazette I no. 184/2013 and Federal Law Gazette I no. 11/2014, is amended as follows:

Article 30, paragraph 1, 2 and 3 is:

"(1) for the imposition of administrative penalties in accordance with section 29, the FMA is responsible in the first instance."

(2) in the case of administrative offences according to section 29, a limitation period of 18 months applies VStG instead of the limitation period of § 31 para 1.

(3) in the case of discovery in administrative penal proceedings in accordance with § 29 par. 1 to 11 all competences in accordance with § 25 paragraph 2 come to the FMA".

Article 4

Amendment of the financial conglomerates Act

The financial conglomerates Act - FKG, Federal Law Gazette I no. 70/2004, as last amended by Federal Law Gazette I no. 184/2013 and Federal Law Gazette I no. 11/2014, is amended as follows:

1. According to § 12, 12a the following paragraph with heading shall be inserted:

"Supervision by the European Central Bank - uniform supervisory mechanism

section 12a. The FMA has her with tasks entrusted to this federal law, to perceive powers and duties only in so far as its exercise on the basis of the provisions of the Regulation (EU) No. of 1024/2013 to transfer special tasks relating to the prudential supervision of credit institutions on the European Central Bank, OJ No. L 287 of the 29.10.2013 is subject to S. 63, not the European Central Bank."

2. paragraph 20:

"As far as referenced in this Federal Act other federal laws that are 20 (1) if not otherwise is intended to apply in their respectively valid version."

(2) as far as this federal law refers the Directive 2002/87/EC, shall, if not otherwise arranged is, the Directive 2002/87/EC on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC of the Council and directives 98/78/EC and 2000/12/EC , OJ No. L 35 of the 11.02.2003 p. 1, most recently amended by Directive 2013/36/EC, OJ No. L 176 of the 27.06.2013 S. 338 to apply."

Article 5

Amendment of the financial market Authority Act

The financial market Authority Act - FMABG, Federal Law Gazette I no. 97/2001, as last amended by Federal Law Gazette I no. 184/2013 and Federal Law Gazette I no. 11/2014, is amended as follows:

1 the following paragraph 6 is added to in section 3:

"(6) based on bundesgesetzlicher control claims from action taken by the FMA, its employees or its institutions, in the framework of Regulation (EU) No. of 1024/2013 to transfer special tasks relating to the prudential supervision of credit institutions on the European Central Bank, OJ" No. L 287 of the 29.10.2013 p. 63, be active, is excluded in the following cases: 1. measures adopted in execution of an instruction or fulfillment of a mission of the European Central Bank;

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

3. cooperation, exchange of information or other assistance of the European Central Bank."

2. § 13 para 2 introductory part is:

"For the purposes of sections 13 to 13B of this Federal Act and of section 44c of the National Bank Act 1984, Federal Law Gazette No. 50/1984, applies as:"

3. in section 22c para 1 first sentence is the phrase "against article 66, paragraph 1 ZaDiG" by the phrase "in accordance with article 98 para 1a Banking Act, section 66 paragraph 1 ZaDiG" replaced.

Article 6

Change of the investment fund law 2011

The investment funds act 2011 - InvFG 2011, Federal Law Gazette I no. 77/2011, as last amended by Federal Law Gazette I no. 184/2013 and Federal Law Gazette I no. 11/2014, is amended as follows:

1. paragraph 10 section 6:

"(6) management companies have the sections 2, 20-21, 28-28B, 29 to 30, 35 to 39, 39B, 40 to 41, 43 to 68, 70, 74 to 76, 81 to 91 and 93 to 93c BWG and parts 1, 2 and 4 of Regulation (EU) No. 575 / 2013 to comply." The §§ 39 para 3 and para of 4, 57 para of 5 and 74 para 1 in conjunction with 74 paragraph 6 No. 3 lit. a Banking Act shall not apply."

2. paragraph 7 eliminates § 10.

3. § 200 paragraph 9 second and third sentence reads:

"§ 151 Z 11a in the version of Federal Law Gazette I no. 184/2013 effective with January 1, 2015. § 151 Z 11 as amended by Federal Law Gazette I no. 184/2013 comes at the end of 31 December 2014 override."

Article 7

Amendment of the securities supervision Act 2007

The securities supervision Act 2007 - WAG 2007, Federal Law Gazette I no 60/2007, as last amended by Federal Law Gazette I no. 184/2013 and Federal Law Gazette I no. 11/2014, is amended as follows:

1. in article 6, paragraph 2, the reference "99 c 99 g" by reference "sections 99e to 99 g" is replaced.

2. in section 11a (4) Z 2 replaces the reference is "85/611/EEC" the reference ' 2009/65/EC'.

3. in article 31, paragraph 3, the reference "2009/65/EC" replaces the reference ' 85/611/EEC'.

4. in article 40, paragraph 5 Z 2 is the reference "48 para 5 Z 7 AIFMG" the reference "article 48 par. 5 Z 7 AIFMG" replaced.


5. in article 58, paragraph 2 Z 4 is the reference "article 4 para 1 number 24 of the Regulation (EU) No. 575/2013" the reference "article 4 para 1 No. 46 of Regulation (EU) No. 575/2013" replaced.

6. in article 76, paragraph 1, the reference "section 9 para 2" with the reference "§ 9 section 6" is replaced b.

Article 8

Amendment of the payment services act

The payment Services Act ZaDiG, Federal Law Gazette I no. 66/2009, last amended by Federal Law Gazette I no. 11/2014 and Federal Law Gazette I no. 13/2014, is amended as follows:

1. in article 15, paragraph 1, the reference is "part 2, title II chapter 2 of Regulation (EU) No. 575/2013" the reference "part 2 title I, Chapter 2 of Regulation (EU) No. 575/2013" replaced.

2. in article 15, paragraph 2, the reference is "part 2, title II chapter 2 of Regulation (EU) No. 575/2013" the reference "part 2 title I, Chapter 2 of Regulation (EU) No. 575/2013" replaced.

3. § 42 para 1 second sentence deleted.

4. in article 76, paragraph 2 Z 10 is the phrase "as amended by the Regulation (EU) No. xx/2014 for amending the Regulation (EU) No. 260/2012, OJ" "No. L xx by the xx.xx. 2014, s x" by the phrase "as amended by the Regulation (EU) No. 248/2014 amending Regulation (EU) No. 260/2012 on the transition to EU-wide credit transfers and direct debits, OJ" No. L 84 of the 20.3.2014 p. 1 "replaced.

Article 9

Change of central counterparties Enforcement Act

The central counterparties full law - ZGVG, Federal Law Gazette I no. 97/2012, as last amended by Federal Law Gazette I no. 70/2013 and Federal Law Gazette I no. 11/2014, is amended as follows:

Article 11 reads:

"As far as other federal laws are referenced in this Federal Act, these are § 11 (1) in their respectively valid version to apply.

(2) as far as this federal law No. 648/2012 refers to Regulation (EU), so the Regulation (EU) is, unless otherwise arranged, no. 648/2012 on OTC derivatives, central counterparties and trade repositories, OJ No. L 201 of the 27.07.2012 p. 1, as amended by the amending of Regulation (EU) No. 575/2013 on supervision requirements for credit institutions and investment firms and for amending the Regulation (EU) No. 648/2012, OJ No. L 321 of the 30.11.2013 p. 6, to apply."

Fischer

Faymann