Creation Of A Reduction Unit (Gsa), Creation Of A Mining Holding Company Of The Covenant For The Hypo Alpe-Adria Bank S.p.a (Hbi-Holding Federal), Setting Up An Abbaubeteiligungsaktiengese....

Original Language Title: Schaffung einer Abbaueinheit (GSA), Einrichtung einer Abbau-Holdinggesellschaft des Bundes für die HYPO ALPE-ADRIA-BANK S.P.A. (HBI-Bundesholdinggesetz), Einrichtung einer Abbaubeteiligungsaktiengese...

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_51/BGBLA_2014_I_51.html

51. Federal law, the Federal law establishing a reduction unit (GSA), the Federal Act on the establishment of an dismantling holding of the Federal Government for the HYPO ALPE-ADRIA BANK S.P.A. (HBI Federal holding Act), the Federal Act on the establishment of a mining joint stock company participation Federal (ABBAG Act) and the Federal law on rehabilitation measures for the HYPO ALPE ADRIA BANK INTERNATIONAL AG (HaaSanG) be adopted and modifies the financial market stability Act and the financial market Authority Act

The National Council has decided:

Table of contents



Article 1





Federal law establishing a reduction unit (GSA)







Article 2





Amendment of the financial market stability Act







Article 3





Amendment of the financial market Authority Act







Article 4





Federal law on the establishment of an dismantling holding of the Federal Government for the HYPO ALPE-ADRIA BANK S.P.A (HBI Federal holding law).







Article 5





Federal law on the establishment of a mining joint stock company participation Federal (ABBAG law)







Article 6





Federal law on rehabilitation measures for the HYPO ALPE ADRIA BANK INTERNATIONAL AG (HaaSanG)





Article 1

Federal law establishing a reduction unit (GSA)

General terms and conditions

Transfer order

§ 1 (1) the Federal Minister for finance can outsource parts of Hypo Alpe-Adria-Bank International AG ("HBInt") to the Federal Government or an other receiving entities for a reasonable fee by regulation for the purpose of establishing a mining unit in accordance with § 2 through a transfer arrangement.

(2) a transfer order may be made in relation to:



1. assets, rights or liabilities, the HBInt or 2. shares or other property titles, which are held by the HBInt to other entities.

(3) the transfer order shall determine the receiving entities. This has the following requirements to meet:



1. the legal entity is in possession of all necessary permissions and 2nd is able, the management him transferred assets to accomplish, (4) as far as termination, consent or other design rights or rights to ensure their claims come to creditors of HBInt due to legal or contractual provisions, in the case of a transfer order in accordance with paragraph 1 or a transfer in accordance with paragraph 5, or according to § 2 para 5 are not applicable and not exercisable.

(5) without prejudice to paragraph 1, the Federal Minister of finance is authorized, also legal to acquire the assets referred to in paragraph 2.

Reduction unit

Creation of an dismantling unit

2. (1) has the FMA to determine those time immediately by notification from the HBInt Z more operates no deposit business pursuant to section 1 para 1 1 BWG and to a credit institution or an investment firm has not qualified holding. The decision is to enact Banking Act but at the latest within two weeks from deposits of the ads in accordance with paragraph 2 and article 20.

(2) the Managing Director of the HBInt have to show the FMA without delay and to certify, if no deposit business pursuant to section 1 para 1 1 BWG is operated more Z. The Bank Examiner has to confirm this.

(3) a concession granted under the Banking Act for the operation of banking ends with the entry of the legal force of a notice pursuant to subsection 1 and the HBInt will be continued as a mining unit pursuant to article 3.

(4) permission, activities in accordance with § to provide 2 Z 1 BWG, remaining 1 para by para 3 unaffected. As paragraph 3 in its impact on legal or contractual provisions on termination, consent or other design rights or rights on securing of claims not the extinction of the concession in accordance with § 7 BWG just keep and justified alone none of these rights for themselves.

(5) the Federal Minister for finance units in the reduction unit on which in accordance with the Federal law on the establishment of a mining joint stock company participation federal, is entitled, Federal Law Gazette I no. 51/2014, built ABBAG - mining joint-stock company participation of the federal transfer.

Task and permissible activities of the reduction unit

Section 3 (1) of the extraction unit is the task to manage their assets, to ensure an orderly, active and best possible utilization (portfolio breakdown). Reducing portfolio has to be made after the dismantling plan referred to in article 5 and the reduction objectives as soon as possible to accomplish. Para 1 to 5 by the entities to which it is directly or indirectly involved in the majority of voting rights, to work towards compliance with has the reduction unit.

(2) it counts to the task of reducing unit also to provide transition services, which were included on 31 December 2013 in the consolidated financial statements of the HBInt or created after that date up to the legal force of the decision referred to in section 2 paragraph 1 as subsidiaries of HBInt to such third parties. Transition services are such services, ABS 1 on a contract basis were provided at the time of the legal force of the decision referred to in paragraph 2 and to whose continuation is a legal obligation. Transition service may be provided to längestens two years after the date at which the Federal Government is either directly or indirectly involved in the recipient.

(3) the reduction unit shall not operate exclusively such shops which serve the exercise of their functions. The reduction unit can acquire further assets in paragraph 2 legal entities referred to and lead them to the portfolio breakdown; by third parties, the reduction unit assets may acquire only within the framework of restructuring their assets. The Federal Government is either directly or indirectly involved in a legal entity referred to in paragraph 2, such an acquisition may be only up to March 31, 2016.

(4) in order to perform its task, the reduction unit banking and leasing transactions can operate, make investment purchases and sales, and provide help local businesses, provided that the provision of these transactions of the performance is directly or indirectly used. The provisions of the Banking Act, with the exception of section 3 paragraph 9, article 5, paragraph 1 Z 6-13, section 28a, § 38, §§ 40 and 41, § 42 para 1 to 5, §§ 43-59a, § 65, paragraphs 66 and 67, 70 para 1, para 4 Z 1 and 2 and paragraph 7 to 9, article 73, paragraph 1 Z 2, 3, 6 in terms of the onset of insolvency and 8, section 73a , article 75, section 76, §§ 77 and 77a, § 79, § § 98-99e, § 99 are g and sections 101 and 101a BWG, not to apply the reduction unit. The provisions of the mortgage - PfandbriefG, dRGBl. I 492/1927, shall apply.

(5) as far as investment services 2007 - WAG Z 1-3 securities supervision Act pursuant to section 3 para 2 2007, Federal Law Gazette I no. 60/2007, provided, these are immediately on removal. Existing customer accounts are to be transferred within a reasonable period of time to another credit institution, for the operation of the deposit business pursuant to section 1 para 1 No. 1 and of the deposit business pursuant to section 1 para 1 Z 5 BWG is entitled, if the customer makes the transfer to another credit institution. The provisions of the WAG 2007, with the exception of the second main piece, paragraphs 64 to 66 and of sections 94 to 96, are not to apply the reduction unit.

(6) borrowing funds from the audience by the reduction unit, as well as the provision of investment services and activities referred to in paragraph 1 No. 2 WAG 2007 are not permitted. Transactions in financial instruments for its own account the reduction unit for the purpose of managing interest-rate, currency, credit and liquidity risks within the framework of the mining activity are allowed, provided that no market activities and any granting of access to trading systems for third parties are connected.

(7) once the mining unit has accomplished the portfolio breakdown is a dissolution resolution to cover.

Requirements to the Managing Director

4. (1) the directors of the reduction unit must be reliable and technically suitable. No circumstance may exist, which seems appropriate to draw their full impartiality in doubt or who fear the emergence of conflicts of interest can be.

(2) the Managing Director have the portfolio breakdown honestly to proceed fairly and professionally in the interests of a best possible asset recovery. Conflicts of interest in relation to the actions of the Executive Board should be avoided. A conflict of interest is unavoidable, this is immediately to the Supervisory Board report. A measure of business leaders, who is afflicted with a conflict of interest, is permitted only with the consent of the Supervisory Board.

Reduction plan

§ 5 (1) which has portfolio reduction in accordance with article 3, paragraph 1 in accordance with a reduction plan to be carried out, by the managers of the reduction unit to create and be approved by the Supervisory Board is. An approved mining plan is to provide the Federal Minister of finance and the Federal Chancellor immediately.

(2) the reduction plan has to contain the following in comprehensive manner:



1. a presentation of transactions and recovery measures that are scheduled to the portfolio loss, 2. a timetable for the full exploitation of the assets, 3. periodic statements of the financial assets and earnings; including cash flow statements, plan budgets, plan income and liquidity plans and 4.

Information with regard to the management of risks, taking into account the reduction objectives.

(3) the reduction unit and their organs are bound by the dismantling plan in its currently valid version. So far in the reduction plan created liquidity plans measures in accordance with § 1 para 2 financial market stability Act FinStaG, Federal Law Gazette I no. 136/2008, include, is a binding only pursuant to § 1 section 3 FinStaG. Legal transactions and measures that oppose the mining plan, differ significantly from the planning or are not provided in this, may be made only for cause and with the approval of the Supervisory Board.

(4) circumstances that are significant for the dismantling plan change, the dismantling plan by the managers to the changed circumstances is to adapt and to submit to the Supervisory Board for renewed approval. The Supervisory Board may require changes in the dismantling plan itself, if he considers it necessary.

(5) the reduction plan is to check anyway, at the end of each calendar quarter of the managers and to examine the need for change. If necessary, is to proceed in accordance with paragraph 4. The Supervisory Board is on the outcome of the examination to teach.

Reports and accountability

6. (1) the Managing Director of the reduction unit have the Supervisory Board regularly, at least however quarterly, reporting (quarterly report) about the speed of recovery and the situation in comparison to the dismantling plan taking into account the future development.

(2) the Managing Director of the reduction unit are obliged at least once a year to report the Supervisory Board by the actual proceeds are made; the dismantling plan to comprehensively about fundamental questions of the portfolio breakdown In addition is to represent future performance based on a forecast statement (recovery report).

(3) in the case of an important occasion, and on request is immediately to report the Supervisory Board; It is also about circumstances which is for the financial position or liquidity of the reduction unit of major importance, immediately to report (special report).

(4) the management report and the quarterly reports must in writing and orally to explain at the request of the Supervisory Board. The special reports shall be compensated for in writing. In urgent cases may be granted orally the special duty. A written copy is to furnish without delay

(5) for existing measures under the FinStaG, the Managing Director of the reduction unit have to submit the information the Federal Minister of finance and the Federal Chancellor that FinStaG are subject to the reporting obligation pursuant to § 6.

Insolvency and corporate law provisions

7. (1) an application for opening of insolvency proceedings can be placed only by the FMA. You entitled to rehabilitation or bankruptcy proceedings party position. The Managing Director of the reduction unit are obliged to the FMA to preparation and participation in the submission of the insolvency application. Section 67 Insolvency Act - IO, RGBl. No. 337/1914, is not to apply.

(2) new from the creation of the mining unit credits are not equity replacing in the spirit of equity capital law (EKEG), Federal Law Gazette I no. 92/2003.

(3) a reorganisation of the reduction unit within the meaning of § 14 cannot enter EKEG, as long as the liabilities exceed the assets to be allocated from BWG in the financial statements under Nos. 1 to 3, 5, 6 and 13 of annex 2 to paragraph 43, where to Z 3 lit b of Appendix 2 to § 43 Austrian Banking Act only such other receivables from credit institutions, whose remaining time does not exceed a year and no. 6 of Appendix 2 to § 43 Austrian Banking Act only such shares and other variable-yield securities , which are traded on a regulated market, are taken into account.

(4) that I are no. 114/1997 provisions of the corporate reorganization Act - URG, BGBl. not to apply the reduction unit.

(5) a liability of the shareholder of the mining unit or its subsidiaries for liabilities of the reduction unit is excluded.

Supervision of the reduction unit

§ 8. The FMA is compliance with § 5 par. 1 Z 6 to 13, 28a, 38, 40 to 41 and 73 para 1 No. 2, no. 3, to monitor no. 6 relating to the onset of insolvency and Z 8 BWG; for this purpose the articles 3 paragraph 9 and 70 are 1, Nos. 1 and 2 and paragraph 7 to 9 as well as the sections 79, 98-99e, 99 g and Section 101a BWG apply by analogy to section 4.

Final provisions

Linguistic equal treatment

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

References

§ 10. As far as referenced in this Federal Act other federal laws, which if nothing else is arranged, to apply in their respectively valid version.

Fees and charges

§ 11. Legal transactions necessary for the implementation of this federal law, writings, and official acts are of the framework regulated charges, the Federal Administration fees, as well as in the Court and justice administration fees law - GGG 1984, Federal Law Gazette No. 501/1984, regulated fees the free.

Enforcement

§ 12. With the completion of this federal law is entrusted the Federal Minister of Justice and with regard to the other provisions of the Federal Minister of finance in terms of § 11 with regard to the exemption from fees for the GGG 1984.

Entry into force

§ 13. This federal law shall enter into force the day following the announcement.

Article 2

Amendment of the financial market stability Act

The financial market stability Act - FinStaG, Federal Law Gazette I no. 136/2008, as last amended by Federal Law Gazette I no. 184/2013, is amended as follows:

1. paragraph 1:

"§ 1 (1) the Federal Minister of finance is authorized to take measures to the capitalization of affected entities to remedy a serious disturbance in the economic life of in Austria, to ensure the macroeconomic balance, as well as for the purposes of the protection of the Austrian economy. Affected entities in the meaning of this law are:



1. credit institutions in accordance with § 1 para 1 Bankwesengesetz (BWG), Federal Law Gazette No. 532/1993, and 2. domestic insurance undertakings within the meaning of the insurance supervision law (UAC), Federal Law Gazette No. 569/1978.

(2) the Federal Minister of finance is authorized measures referred to in article 2, paragraph 1 Z 1-6 for a mining unit pursuant to article 3 of the Federal law establishing a reduction unit (GSA), Federal Law Gazette I no. 51/2014, to take, if this is necessary to achieve the reduction targets. He is empowered under this condition in addition to the assumption of liability for contractual undertakings to the Hypo Alpe-Adria-Bank International AG.

(3) on measures under this Federal Act no legal entitlement."

2. in article 2 paragraph 4 first sentence replaced the number "15" by the number "22".

3. in § 2 para 4, the third and fourth sentence are deleted.

Article 3

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, is amended as follows:

1. in article 2, paragraph 1 is for the phrase "hide in the Bank intervention and restructuring Act - BGBl. I no. 160/2013," the phrase "law establishing a reduction unit - GSA, Federal Law Gazette I no. 51/2014, federal law on rehabilitation measures for the HYPO ALPE ADRIA BANK INTERNATIONAL AG - HaaSanG, BGBl. I no. 51/2014" inserted.

2. § 28 is added the following paragraph 26:

"(26) § 2 para 1 as amended by Federal Law Gazette I no. 51/2014 with the day following the proclamation into force."

Article 4

Federal law on the establishment of an dismantling holding of the Federal Government for the HYPO ALPE-ADRIA BANK S.P.A (HBI Federal holding law).

Founding of HBI Federal Holding AG

§ 1 (1) the Federal Minister of finance is authorized to set up a joint-stock company with the company name "HBI-Federal Holding AG", referred to in the following company, and the Vienna-based ALPE-ADRIA BANK S.P.A. headquartered in Udine (HBI), whose share capital is EUR 70 000 for the acquisition of the shares in HYPO. The share rights are fully owned by the Federal Government. The management of share rights called the Federal Government is the Federal Minister of finance.

(2) provided that nothing else is in this Federal Act, the provisions of the companies Act, Federal Law Gazette apply 98/1965, as amended for this society.

(3) insofar as this is necessary for the operation and a reasonable capital base of society, the Federal Minister of finance is authorized also to introduce the shares of the HBI and the related claims and liabilities, as well as a cash contribution as a contribution in kind in the society.

(4) the Federal Minister of Finance has appointed a sworn auditors as auditors of the Foundation.

Determination of the subject of the company

The business of the company is 2 (1) in the management and best utilization of the shares of the HBI.

(2) the Federal Government has to ensure the financing of the measures referred to in paragraph 1.

Order of the institutions

§ 3. The not attributable to workers part of the members of the Supervisory Board and the Board members are appointed on a proposal of the Federal Minister of finance in agreement with the Federal Chancellor.


Sale of shares

§ 4. The Federal Minister of finance is authorized, in accordance with legal aid approvals, to sell shares of the Federal Government in the company or on the HBI. The Federal Minister of finance can instruct the company with the sale of the shares in the HBI. The proceeds flowing to the Federal Government.

Fees and charges

§ 5. Legal transactions necessary for the implementation of this federal law, writings, and official acts are of the framework regulated charges, the Federal Administration fees, as well as in the Court and justice administration fees law - GGG 1984, Federal Law Gazette No. 501/1984, regulated fees the free.

Enforcement

§ 6. With the completion of this federal law is responsible in terms of § 3 of the Federal Minister of finance in agreement with the Chancellor and with regard to the other provisions of the Federal Minister of finance with respect to the exemption from fees for the GGG 1984 pursuant to section 5 of the Federal Minister of Justice.

Article 5

Federal law on the establishment of a mining joint stock company participation Federal (ABBAG law)

Mining stock company participation

§ 1 (1) which is Federal Minister of finance authorized, to acquire of the shares of a mining company pursuant to section 3 of the Federal law establishing a reduction unit (GSA), Federal Law Gazette I a no. 51/2014, joint-stock company with the company name "ABBAG - dismantling federal participation joint-stock company", described in the following company, and to the headquarters in Vienna, whose share capital is EUR 70 000. The share rights are fully owned by the Federal Government. The management of share rights called the Federal Government is the Federal Minister of finance.

(2) provided that nothing else is in this Federal Act, the provisions of the companies Act, Federal Law Gazette apply 98/1965, as amended for this society.

(3) insofar as this is necessary for the operation and a reasonable capital base of society, the Federal Minister of finance is authorized also to introduce the shares in Hypo Alpe-Adria-Bank International AG as well as the related claims and liabilities, as well as a cash contribution as a contribution in kind in the society.

(4) the Federal Minister of Finance has appointed a sworn auditors as auditors of the Foundation.

Determination of the subject of the company

The business of the company is § 2 (1) the management of stake in a mining company.

(2) the Federal Government has to ensure the financing of the measures referred to in paragraph 1.

Order of the institutions

§ 3. The not attributable to workers part of the members of the Supervisory Board and the Board members are appointed on a proposal of the Federal Minister of finance in agreement with the Federal Chancellor.

Sale of shares

§ 4. The Federal Minister of finance is authorized, in accordance with legal aid approvals, to sell shares of the Federal Government in the company. The proceeds flowing to the Federal Government.

Fees and charges

§ 5. Legal transactions necessary for the implementation of this federal law, writings, and official acts are of the framework regulated charges, the Federal Administration fees, as well as in the Court and justice administration fees law - GGG 1984, Federal Law Gazette No. 501/1984, regulated fees the free.

Enforcement

§ 6. With the completion of this federal law is responsible in terms of § 3 of the Federal Minister of finance in agreement with the Chancellor and with regard to the other provisions of the Federal Minister of finance with respect to the exemption from fees for the GGG 1984 pursuant to section 5 of the Federal Minister of Justice.

Article 6

Federal law on rehabilitation measures for the HYPO ALPE ADRIA BANK INTERNATIONAL AG (HaaSanG)

General terms and conditions

Target and applicable law

1. (1) this federal law serves the implementation of measures under the Directive 2001/24/EC of 4 April 2001 on the reorganisation and winding-up of credit institutions, with which the financial situation of the Rehabilitation Institute should be backed up and restored. The measures provided for in this federal law are remedial measures in the meaning of article 2 of this directive.

(2) Austrian law applies these measures, their requirements and their effects, as far as this federal law nothing is determined, in the EEA. The effects also extend to assets located in the EEA of the Rehabilitation Institute including on its branches. section 81a to § 81 m Banking Act, Federal Law Gazette 532/1993, sub-plans, are to apply mutatis mutandis to the reorganisation measures provided for in this federal law.

Definitions

§ 2. For the purposes of this federal law



1. Rehabilitation Institute: the HYPO ALPE ADRIA BANK INTERNATIONAL AG (HBInt).

2. post rank liabilities: Liabilities of the Rehabilitation Institute including this to paying interest and additional charges from a) instruments of the supplementary capital in accordance with article 63 and article 484 paragraph 5 in conjunction with article 486 section 4 of the Regulation (EU) No. 575/2013 of 26 June 2013 on prudential requirements to credit institutions and investment firms and for amending the Regulation (EU) No. 646/2012 (CRR) regardless of their eligibility as capital , b) instruments that were deductible regardless of their actual credit pursuant to § 23 paragraph 7 to 8a BWG on 30 December 2013 as capital and c) financial instruments in accordance with article 4, paragraph 50 lit. a CRR, they lit in article 63. called d CRR requirement exists, regardless of whether this is based on law or the terms of the financial instrument, in particular equity replacement loans, insofar as to bar funds financing and these were numbered to. After ranking liabilities are in particular liabilities arising from the funding specified in Appendix 1 to this Act.

3. shareholder liabilities: liabilities of the Rehabilitation Institute of financial instruments in accordance with article 4 paragraph 50 lit. a CRR, the between the exercise of at least an instrument referred to in section 2 paragraph 1 Z 1 to 6 of the Federal Act on measures to safeguard the stability of the financial market (financial market stability Act - FinStaG), Federal Law Gazette I no. 136/2008 as amended to the recapitalization of the Rehabilitation Institute and counted to 1 January 2010, when creditors at least temporarily was a shareholder of the Rehabilitation Institute in this period. Shareholder liabilities liabilities are in particular from the financing indicated in annex 2 to this Act.

4. rehabilitation liabilities: liabilities according to no. 2 or no. 3, even though they are subordinated as well as shareholder liabilities.

5. disputed liabilities: liabilities of the Rehabilitation Institute, about their existence or their subordination as well as liabilities to creditors about its position as a shareholder at the time of the stated of funding as of the date (No. 7) a dispute at a domestic or foreign court was pending dispute, whatever the outcome of this dispute. Liabilities are not considered controversial when they are both as subordinated shareholder liabilities and no litigation was dispute pending at the date at least to one of these qualifications.

6 previous due date: that day, on which the capital of a restructuring liability for proper operation under non-respect of cancellation rights to repay to the creditor legally or, if there is no overriding legal obligation, contractually due would be. To pay the capital in several installments, so the day of the due date of last instalment is decisive. There is no maturity without notice, so the previous due date is after the date of deferral.

7 deadline: June 1, 2014.

8 respite day: of Monatsletzte following the date five years after the balance sheet date.

9. conclusion of the procedure: time to an execution title on a disputed liability exists and also either extraordinary remedies were not collected or are done but.

Remedial measures

Extinction of obligations

§ 3. With announcement of a regulation in accordance with § 7 remediation liabilities, whose previous due date is before the date of deferral and not disputed liabilities shall expire (§ 2 Z 5) are. At the same time go out collateral including liabilities for such liabilities with the exception of physical collateral indicated in articles 21 to 23 of Directive 2001/24/EC of 4 April 2001 on the reorganisation and winding-up of credit institutions and rights.

Deferred liabilities

§ 4 (1) with the announcement of a regulation in accordance with § 7 never occurs at the earliest the maturity of disputed liabilities within § 2 Z 5 and interest to be paid from on day respite before the end of the procedure. The previous due date is after the date of deferral, the due date will emerge on this.

(2) repayment in case of a restructuring liability by law or legally binding court decision prohibited a respite day, so the due date of the remediation liability occurs only in accordance with the respective legal provision or judicial decision.


(3) a delay does not occur by the deferral in accordance with paragraphs 1 and 2. Beyond the contractually agreed interest on the principal amount of the deferred restoration liability interest, such as delay or compound, as well as additional charges, such as commissions, are not owed and go out with her emergence as far as they arise after publication of a regulation in accordance with § 7.

(4) for the period of deferment, interest rate regulation, which have been agreed for the contractual period fees the creditor pursuant to the paragraph 1.

(5) is established according to the procedure that a disputed liability is a restructuring liability or on the balance sheet date was, the effects referred to in article 3 with the promulgation of a regulation in accordance with § 7.

Accompanying measures

As far as termination, design or approval rights, or rights to ensure their claims come to creditors of the Rehabilitation Institute due to legal or contractual provisions because of the measures taken in this Federal Act, these are section 5 (1) do not apply and not exercisable.

(2) the profit of the Rehabilitation Institute may including the financial year, during the period of deferral day is, not distributed, and no such decision. Then can profit only in the sense and to the extent, distributed as the appropriated reserves formed after this fiscal year which exceed the amount referred to in § 3 and § 4 paragraph 5 extinct liabilities or ensure that the Rehabilitation Institute an amount of this amount to in article 214, paragraph 1 German Stock Corporation Act date flows to.

Countervailing measures

Justification of claims

§ Is 6 creditors, whose claims arising from a restructuring liability pursuant to article 3 or article 4, par. 5 has expired is produced at most to this extent in article 214, paragraph 1 date referred German Stock Corporation Act in this respect and in so far is a new claim against the Rehabilitation Institute, as an asset to objet otherwise to shareholders. This requirement arises, if a such capacity exists, to the extent of the proportion of the extinct all extinct claims claim, going on claims by shareholders on any liquidation proceeds. The extent of the claims at the time of its extinction is decisive. § 208 German Stock Corporation Act shall apply by analogy to.

Procedural provisions

Decision on the remedial measures

7. (1) the financial market authority (FMA) is the authority authorised to decide the implementation of a measure in the Rehabilitation Institute.

(2) the authority referred to in paragraph 1 has within two weeks of the entry into force of this Federal Act officio in §§ 3 and 4 paragraph 1 and to adopt the regulation provided for in § 4 paragraph 5 within two weeks of completion of the procedure. In it are those liabilities to denote that the measures extend under this Federal Act. The Rehabilitation Institute is committed to the immediate granting of proper information and information.

(3) are subsequently remediation liabilities on which article 3 or article 4, paragraph 1 is applicable, known the FMA, which are not covered by a previously adopted by Regulation pursuant to paragraph 2, she immediately to adopt a more such regulation with regard to the later arrivals out liabilities.

Information and notice

§ 8. The authority referred to in article 7, paragraph 1 has the competent authorities concerned Member States of the European Union by the issuing of a regulation and their effects immediately in knowledge.

Final provisions

Linguistic equal treatment

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

References

§ 10. As far as referenced in this Federal Act other federal laws, which if nothing else is arranged, to apply in their respectively valid version.

Fees and charges

Legal transactions necessary for the implementation of this federal law, writings, and official acts are § 11 (1) of the framework regulated charges, the Federal Administration fees, as well as in the Court and justice administration fees law - GGG 1984, Federal Law Gazette No. 501/1984, regulated fees the free.

(2) earnings from extinction of obligations in accordance with § 3 and § 4 paragraph 5 are exempt from income taxes.

Enforcement

§ 12. The Federal Government is entrusted with the execution of this Federal Act.

Entry into force

§ 13. This federal law shall enter into force the day following its promulgation.

Fischer

Faymann



Appendix 1

to the Federal law on rehabilitation measures for the HYPO ALPE ADRIA BANK INTERNATIONAL AG (HaaSanG)



After ranking liabilities within the meaning of § 2 Z 2 HaaSanG are in particular liabilities from the following instruments (disputed liabilities within the meaning of § 2 Z 5 HaaSanG marked declaratively by setting to the name of "controversial". Not as controversial liabilities referred to in section 2 apply Z 5 HaaSanG if they apply both as subordinated shareholder liabilities and no litigation was dispute pending at the date at least to one of these qualifications.)

Instruments:





(Supplementary capital)



1. the non-interest (zero bond) supplementary capital bonds 1999-2014 (ISIN AT0000327374);

2. the variable interest rate supplementary capital bonds 1999-2014 (ISIN AT0000327382);

3. the 5.25% supplementary capital bonds 2003-2015 (ISIN XS0178449467);

4. the variable interest rate supplementary capital bonds in 2003-2015 (ISIN AT0000355326);

5. the variable interest rate supplementary capital bonds 2005-2017 (ISIN AT0000355359);

6. the borrower's note loans number SSD_35 (5.69%) by the 29.12.2003;

7. the borrower's note loans number SSD_31 (5.69%) by the 29.12.2003;



(Subordinated debt)



8. the 4.35% bonds of 2006-2016 (ISIN XS0274117117);

9. the variable interest rate bonds 2007-2017 (ISIN XS0283714896);

10. the 5.03% bonds 2004-2017 (ISIN AT0000355334);

11. the variable interest rate bonds 2003-2017 (ISIN XS0170866775);

12. the variable interest rate Namensschuldverschreibung2004-2017 (internal number QOXDB9964079);

13. the variable interest rate bonds 2004-2017 (ISINXS0205170268);

14. the 4.875% notes 2004-2017 (ISIN XS0184026374);

15. the variable interest rate bonds 2002-2017 (ISINXS0154247299);



(Subordinated promissory note loans)



16. the borrower's note loans number SSD_25 (5.00%) by the 28.03.2003;

17. the borrower's note loans number SSD_26 (5.00%) by the 28.03.2003;

18. the borrower's note loans number SSD_27 (5.00%) by the 28.03.2003;

19. the borrower's note loans number SSD_30 (4.97%) of the Quadrat;

20. the borrower's note loans number SSD_33 (4.35%) of 27.06.2003;

21. the borrower's note loans number SSD_34 (4.97%) of the Quadrat;

22. the promissory note loan number SSD_53 (4.35%) of 27.06.2003;

23. the promissory note loan number SSD_56 (4,08%) of 03.02.2005;

24. the borrower's note loans number SSD_57 (4,08%) of 03.02.2005;

25. the borrower's note loans number SSD_58 (4,08%) of 03.02.2005;

26. the promissory note loan number SSD_66 (3 m-Euribor + 0, 25%) by the 31 March 2005;

27. the borrower's note loans number SSD_70 (3.70%) by the 29.07.2005;

28. the promissory note loan number SSD_71 (3.79%) of the 08.08.2005;

29. the promissory note loan number SSD_72 (3.79%) of the 08.08.2005;

30. the borrower's note loans number SSD_73 (3.80%) by the 15.08.2005;

31. the promissory note loan number SSD_74 (3.80%) by the 15.08.2005;

32. the promissory note loan number SSD_75 (3.80%) by the 31.08.2005;

33. the borrower's note loans number SSD_79 (3,618%) by the 19.09.2005;

34. the promissory note loan number SSD_80 (3.63%) of 20.09.2005;

35. the borrower's note loans number SSD_81 (3,614%) of 21.09.2005;

36. the borrower's note loans number SSD_104 (4.45%) by the 01.06.2006;

37. the borrower's note loan number SSD_105 (3 m-Euribor + 0, 25%) of the Frankie;

38. the borrower's note loans number SSD_112 (4,495%) from 09.08.2006;

39. the borrower's note loans number SSD_113 (4.51%) by the 17.08.2006;

40. the borrower's note loans number SSD_120 (4.28%) from 05.09.2006;

41. the promissory note loan number SSD_121 (4.50%) by the 31.10.2006;

42. the promissory note loan number SSD_141 (4.60%) by the 30 June 2006;

43. the borrower's note loans number SSD_142 (4.60%) by the 30 June 2006;

44. the promissory note loan number SSD_143 (4.60%) by the 30 June 2006;

45. the promissory note loan number SSD_144 (6 m-Euribor + 0, 30%) by February.

46. the promissory note loan number SSD_145 (4,517%) of 15.03.2007;

47. the promissory note loan number SSD_146 (4,517%) of 15.03.2007;

48. the promissory note loan number SSD_148 (4.56%) of 31.08.2006;

49. promissory note loan number SSD_149 (4.56%) of 31.08.2006;

50. the borrower's note loans number SSD_117-1 (4.49%) by the 17.08.2006;

51. the promissory note loan number SSD_117-2/133 (4.49%) by the 17.08.2006;



(Participation)



52. issue of participation capital of the Republic of Austria in the nominal value of EUR 900 million from December 29, 2008 (ISIN AT0000A0CKR9), transferred to the FIMBAG financial market participation Corporation of the Federal Government (FN 319227 b) with memorandum of December 28, 2008 and reduced by decision of the General Assembly of the 30.5.2011 EUR 275.111.072,56;

53.

30 million from December 30, 2009 (ISIN QOXDBA010820), transfer of participation capital emission on the hypo-Bank Burgenland AG in the nominal value of EUR at the Grazer Wechselseitige Versicherung Aktiengesellschaft with 25.5.2011 and reduced by decision of the annual general meeting of the 30.5.2011 EUR 9.170.369,09;

54. issue of participation capital of the province of Carinthia, in the nominal value of EUR 30.78 million by December 30, 2009 (ISIN QOXDBA010804 and QOXDBA010812), reduced by decision of the annual general meeting of the 30.5.2011 EUR 9.406.653,43;

55. emission of participation capital in the Carinthian land holding in the nominal value of EUR 150 million by December 30, 2009 (ISIN QOXDBA013105), reduced by decision of the annual general meeting of the 30.5.2011 EUR 45.851.845,43;

56. emission of participation capital of the Republic of Austria in the nominal value of EUR 800 million by the 13.12.2013;



(By law subordinated liabilities (EKEG))



57. the extended with the Bayerische Landesbank, institution of public law, loan agreement by October 17, 2008, loan number 12/6/3973623, Treaty of the 16.8.2010 (controversial);

58. the extended with the Bayerische Landesbank, institution of public law, loan contract by the dayahead, loan number 71005/7/3973623, with agreement of the Treaty of the 16.3.2011 (disputed);

59. the extended with Bayerische Landesbank, institution of public law, loan contract from 1.7.2008, loan number 71012/7/3973623, with the 25.6.2012 Treaty (controversial);

60. bonds ISIN XS0397542746 by November 4, 2008 (disputed);

61. the pro rata with the Bayerische Landesbank, institution of public law, loan contract of 4.6.2008, loan number 71011/7/3973623, extended by agreement dated December 30, 2009 (extended controversial, if not pro rata);

62. the Bayerische Landesbank, institution of public law, loan contract by the 18.6.2008, loan number 11/6/3973623 (debatable)...

63. the extended with the Bayerische Landesbank, institution of public law, loan contract by the 22.5.2009, loan number 71017/7/3973623, with agreement of the Treaty of the 18.5.2011;

64. the extended pro rata with the Bayerische Landesbank, institution of public law, loan contract by the 29.6.2009, loan number 14/6/3973623, Treaty of the 2.8.2012;

65. the Bayerische Landesbank, institution of public law, loan agreement of December 30, 2009, loans number 7/6/3973623;

66. the Bayerische Landesbank, institution of public law, loan agreement of December 30, 2009, loans number 8/6/3973623;

67. He with the Bayerische Landesbank, institution of public law, loan agreement of December 30, 2009, loan number 10/6/3973623.



Appendix 2

to the Federal law on rehabilitation measures for the HYPO ALPE ADRIA BANK INTERNATIONAL AG (HaaSanG)



Shareholder liabilities within the meaning of § 2 Z 2 HaaSanG are in particular liabilities from the following instruments (disputed liabilities within the meaning of § 2 Z 5 HaaSanG marked declaratively by setting to the name of "controversial". Not as controversial liabilities referred to in section 2 apply Z 5 HaaSanG if they apply both as subordinated shareholder liabilities and no litigation was dispute pending at the date at least to one of these qualifications.):



Instruments:



1. the extended with the Bayerische Landesbank, institution of public law, loan contract by the 22.5.2009, loan number 71017/7/3973623, with agreement of the Treaty of 5;

2. the extended pro rata with the Bayerische Landesbank, institution of public law, loan contract by the 29.6.2009, loan number 14/6/3973623, Treaty of the 2.8.2012;

3. the Bayerische Landesbank, institution of public law, loan agreement of December 30, 2009, loans number 7/6/3973623;

4. the Bayerische Landesbank, institution of public law, loan agreement of December 30, 2009, loans number 8/6/3973623;

5. He with the Bayerische Landesbank, institution of public law, loan agreement of December 30, 2009, loan number 10/6/3973623.