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...

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51. Federal Law, with which the Federal Law for the Creation of a Dismantling Unit (GSA), the Federal Act on the Establification of a Dismantling Holding Company of the Federal Government for the HYPO ALPE-ADRIA-BANK S.P.A. (HBI-Bundesholdinggesetz), the Federal Act on the Establization of a Mining Equity Corporation of the Federal Government (ABBAG Act) and the Federal Law on Sanation Measures for the HYPO ALPE ADRIA BANK INTERNATIONAL AG (HaaSanG) are enacted and with which the Financial Market Stability Act and the Financial Market Supervisory Authority Act are amended

The National Council has decided:

table of contents

Article 1

Federal Law on the Creation of a Dismantling Unit (GSA)

Article 2

Amendment of the Financial Stability Act

Article 3

Amendment of the Financial Market Supervisory Authority Act

Article 4

Federal law on the establishment of a federal mining holding company for the HYPO ALPE-ADRIA-BANK S.P.A. (HBI Federal Holding Act)

Article 5

Federal Law on the Establitation of a Federal Mining Investment Company (ABBAG Act)

Article 6

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

Article 1

Federal Law on the Creation of a Dismantling Unit (GSA)

General provisions

Transfer Order

§ 1. (1) The Federal Minister of Finance may, by means of a regulation for the purpose of creating a mining unit in accordance with § 2, by means of a transfer order, parts of Hypo Alpe-Adria-Bank International AG ("HBInt") to the Federal Government or any other, receiving legal entity against an appropriate fee.

(2) A transmission arrangement can be made in relation to:

1.

Assets, rights or liabilities, the HBInt or

2.

Shares or other title deeds held by the HBInt to other entities.

(3) The transfer order shall be determined by the receiving legal entity. This has the following conditions to be met:

1.

The legal entity is in possession of all necessary permissions and

2.

is able to manage the assets transferred to it,

(4) Insofar as the creditors of the HBInt are given notice, consent or other design rights or rights to ensure their claims on the basis of legal or contractual provisions, these shall be in the case of a transmission order in accordance with No 1 or a transfer pursuant to paragraph 5 or in accordance with Section 2 (5) shall not apply and not be exercised.

(5) Without prejudice to paragraph 1, the Federal Minister of Finance is authorized to acquire the assets referred to in paragraph 2 as well as legal business.

Degradation Unit

Creation of a quarrying unit

§ 2. (1) The FMA shall immediately determine the date on which the HBInt no longer operates a deposit business in accordance with Article 1 (1) (1) of the Federal Elections Act (BWG) and does not hold a qualifying holding in a credit institution or an investment firm. However, the notice shall be adopted at the latest within two weeks from the deposit of the advertisements in accordance with paragraph 2 and section 20 of the BWG.

(2) The Executive Director of HBInt shall immediately notify and certify the FMA if no deposit business is operated in accordance with Section 1 (1) (1) (1) of the Federal Elections Act. The bank auditor has to confirm this.

(3) With the entry of the legal force of a decision issued in accordance with paragraph 1, a concession issued in accordance with the BWG shall end for the operation of banking transactions and the HBInt shall be continued as a dismantling unit in accordance with § 3.

(4) The authority to perform activities pursuant to § 1 paragraph 2 Z 1 BWG shall remain unaffected by paragraph 3. Similarly, paragraph 3 of its effect on statutory or contractual provisions relating to termination, consent or other design rights or rights to the freezing of claims is not the termination of the concession pursuant to Section 7 of the Federal Elections Act (BWG). , and shall not give rise to any of the rights mentioned above.

(5) The Federal Minister of Finance is authorized to apply the shares in the mining unit to the shares in accordance with the Federal Act on the establishment of a mining equity company of the federal government, BGBl. I N ° 51/2014, established by the Federal Government of the Federal Government of the Federal Republic of Germany (ABBAG), which is the Federal Government's Investment Company

Task and permissible activities of the quarrying unit

§ 3. (1) The task of the unit is to manage its assets with the aim of ensuring an orderly, active and best possible recovery (portfolio reduction). The portfolio reduction shall be carried out in accordance with the breakdown plan in accordance with § 5 and shall be carried out as soon as possible within the framework of the mining objectives. The unit of extraction shall seek to comply with the provisions of paragraphs 1 to 5 by the entities in which it is directly or indirectly involved with the majority of the voting rights.

(2) The task of the mining unit also includes providing transitional services to such third parties that were included in the consolidated financial statements of the HBInt on 31 December 2013 or, after that date, until the legal force of the decision-making pursuant to § 2 1 as Group companies of the HBInt were founded. Transitional services are such services which have been provided on a contractual basis at the time of the legal force of the decision in accordance with § 2 para 1 and for the continuation of which there is a legal obligation to continue. Transitional services may be provided up to a maximum of two years from the date on which the Federal Government is not directly or indirectly involved in the recipient's service.

(3) The dismantling unit may only operate such operations which serve the purpose of carrying out its task. The dismantling unit may also acquire assets of the entities referred to in paragraph 2 and supply them to the portfolio reduction; other third parties may only acquire assets under the restructuring of their assets. . If the Federal Government is not directly or indirectly involved in any of the entities referred to in paragraph 2 above, such acquisition may only take place until 31 March 2016.

(4) In order to carry out its task, the unit may carry out banking and leasing operations, carry out acquisitions and sales of shareholding, and provide relief operations, provided that the provision of such operations directly or indirectly to the performance of the tasks is carried out by the indirectly. The provisions of the BWG, with the exception of § 3 (9), § 5 (1) Z 6-13, § 28a, § 38, § § 40 to 41, § 42 (1) to 5, § § 43 to 59a, § 65, § § 66 and 67, 70 para. 1, para. 4 Z 1 and 2 and para. 7 to 9, § 73 para. 1 Z 2, 3, 6 with regard to the entry of the Payment incapacity and 8, § 73a, § 75, § 76, § § 77 and 77a, § 79, § § 98 to 99e, § 99g and § § 101 and 101a BWG, are not applicable to the mining unit. The provisions of the Pfandbrief Act-PfandbriefG, dRGBl. I 492/1927, are to be applied.

(5) Insofar as investment services pursuant to § 3 (2) (2) (1) to (3) of the Securities Supervision Act 2007-WAG 2007, BGBl. I No 60/2007, they are to be brought to a reduction without delay. Existing customer accounts shall be transferred within a reasonable period to another credit institution which is entitled to operate the deposit business in accordance with § 1 (1) (1) (1) (1) (1) (1) (1) (5) of the Federal Elections Act (BWG), provided that the Customer shall carry out the transfer to another credit institution. The provisions of WAG 2007, with the exception of the second main piece, § § 64 to 66 and § § 94 to 96, are not to be applied to the dismantling unit.

(6) The inclusion of funds from the public by the dismantling unit as well as the provision of investment services and of investment activities pursuant to § 1 Z 2 WAG 2007 are inadmissible. Transactions in financial instruments for own account of the mining unit for the purpose of controlling interest, currency, credit and liquidity risks as part of the mining activity are permitted, provided that there are no marketing activities and no clearance of Access to trading systems for third parties.

(7) As soon as the extraction unit has implemented the portfolio reduction, a resolution decision must be taken.

Business Manager requirements

§ 4. (1) The managers of the quarrying unit shall be capable of reliable and professional use. There must be no circumstance that seems likely to cast doubt on their full inconvenience or to fear the emergence of conflicts of interest.

(2) In the event of portfolio reduction, business managers shall be honest, honest and professional in the interests of the best possible asset utilization. Conflicts of interest within the framework of the management measures must be avoided. If a conflict of interest is unavoidable, this shall be reported immediately to the Supervisory Board. A management measure which is subject to a conflict of interest may only be carried out with the approval of the Supervisory Board.

Breakdown Plan

§ 5. (1) The portfolio reduction according to § 3 (1) shall be carried out in accordance with a breakdown plan, which shall be drawn up by the business managers of the mining unit and approved by the Supervisory Board. An approved breakdown plan shall be sent immediately to the Federal Minister of Finance and the Federal Chancellor.

(2) The breakdown plan shall contain the following in a comprehensive manner:

1.

A presentation of the operations and recovery measures planned for portfolio reduction,

2.

a timetable for the full exploitation of the assets;

3.

periodic statements on the financial and earnings situation; including cash flow accounts, plan balance sheets, plan performance accounts and liquidity plans, and

4.

Information on risk management, which takes account of the objectives of the mining operations.

(3) The degradation unit and its organs shall be bound to the degradation plan in its respective valid version. Insofar as the liquidity plans drawn up in the context of the breakdown plan are measures in accordance with § 1 para. 2 Financial Market Stability Act -FinStaG, BGBl. I n ° 136/2008, a binding exists only in accordance with Section 1 (3) of the FinStaG. Legal transactions and measures which are contrary to the dismantling plan, deviate significantly from the planning or are not provided for in the plan, may only be carried out for important reasons and with the approval of the supervisory board.

(4) Changing circumstances which are significant for the breakdown plan shall be adjusted by the managers to the changed circumstances and shall be submitted to the Supervisory Board for further approval. The Supervisory Board may require changes in the breakdown plan if it deems it necessary.

(5) In any event, the breakdown plan shall be examined by the managers at the end of each quarter of a calendar year and shall be examined for changes in need. Where appropriate, the provisions of paragraph 4 shall apply. The Supervisory Board shall be informed of the outcome of the examination.

Reports and accountability

§ 6. (1) The managers of the unit shall report to the Supervisory Board on a regular basis, but at least quarterly, on the course of recovery and on the situation in relation to the dismantling plan, taking into account future developments. (Quarterly Report).

(2) The directors of the dismantling unit shall be obliged to report to the Supervisory Board at least once a year in a comprehensive manner on fundamental issues relating to portfolio reduction, in that the actual recovery proceeds are compared with the mining plan. Furthermore, the future value development shall be presented on the basis of a preview calculation (recovery report).

(3) In the event of an important event and upon request, the Supervisory Board shall report without delay and shall also report immediately on circumstances which are of considerable importance for the financial position or liquidity of the mining unit (Special Report).

(4) The recovery report and the quarterly reports shall be reported in writing and shall be explained orally at the request of the Supervisory Board. The special reports shall be reported in writing. In urgent cases, the special obligation to report can be complied with orally. A written copy must be submitted immediately

(5) For existing measures in accordance with the FinStaG, the managers of the dismantling unit shall submit to the Federal Minister for Finance and the Federal Chancellor the information that is subject to the reporting obligation pursuant to § 6 FinStaG.

Insolvency and company law provisions

§ 7. (1) A request for the opening of insolvency proceedings can only be submitted by the FMA. You are party to the reorganisation or bankruptcy proceedings. The managers of the quarrying unit are obliged to prepare and participate in the position of the insolvency application in relation to the FMA. § 67 Insolvency Order-IO, RGBl. No 337/1914, is not applicable.

(2) credits newly granted from the creation of the dismantling unit shall not be replaced by equity in the sense of the Capital Requirements Act (ECEC), BGBl. I No 92/2003.

(3) A refurbishment of the dismantling unit within the meaning of Article 14 of the EC Treaty cannot occur as long as the liabilities exceed the assets to be issued in the annual accounts under Z 1 to 3, 5, 6 and 13 of Appendix 2 to section 43 of the BWG, where Z 3 lit b of Appendix 2 § 43 BWG only other exposures to credit institutions the remaining term of which does not exceed one year and to Z 6 of Appendix 2 to § 43 BWG only such shares and other non-fixed-income securities traded on a regulated market shall be taken into account.

(4) The provisions of the Organizational Reorganization Act-URG, BGBl. I No 114/1997 shall not apply to the mining unit.

(5) A liability of the shareholders of the dismantling unit or of their investment companies for liabilities of the mining unit is excluded.

Supervision of the degradation unit

§ 8. The FMA has to monitor compliance with § § 5 (1) Z 6 to 13, 28a, 38, 40 to 41 and 73 (1) Z 2, Z 3, Z 6 with regard to the admission of insolvency and Z 8 BWG; to this end, § § 3 (9) and 70 (1), (4) (1) and (2) and (2) and (2) and Paragraphs 7 to 9 as well as § § 79, 98 to 99e, 99g and § 101a of the Federal Elections Act shall apply in the appropriate way.

Final provisions

Linguistic equality

§ 9. Insofar as personal names are only mentioned in male form in this federal law, they refer to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

References

§ 10. Insofar as other federal laws are referred to in this Federal Act, these are to be applied, if nothing else, in their respectively valid version.

Fees and charges

§ 11. The legal transactions, the writings and the official acts required for the implementation of this Federal Act are governed by the federal law of the Federal Republic of Germany, the Federal Administration and the Law of the Court of Justice and the Administrative Law of the Court of Justice-GGG 1984. BGBl. No 501/1984, regulated fees.

Enforcement

§ 12. With the enforcement of this federal law, the Federal Minister of Justice and the other provisions of the Federal Minister of Finance are responsible for § 11 concerning the exemption of fees under the GGG 1984.

entry into force

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

Article 2

Amendment of the Financial Stability Act

The Financial Stability Act-FinStaG, BGBl. I n ° 136/2008, as last amended by the Federal Law BGBl. I No 184/2013, shall be amended as follows:

1. § 1 reads:

" § 1. (1) The Federal Minister for Finance is authorized to remedy a serious disturbance in the economic life of Austria, to ensure the balance of the economy as a whole and to protect the Austrian economy. To take measures to capitalise on the legal entities concerned. Concerned entities within the meaning of this Act are:

1.

Credit institutions pursuant to Section 1 (1) of the Banking Act (BWG), BGBl. No 532/1993, and

2.

Domestic insurance companies within the meaning of the Insurance Supervision Act (VAG), BGBl. No 569/1978.

(2) The Federal Minister of Finance is authorized to take measures pursuant to § 2 (1) Z 1 to 6 for a dismantling unit according to § 3 of the Federal Law for the Creation of a Dismantling Unit (GSA), BGBl. I No 51/2014, if this is necessary in order to achieve the reduction targets. Under this condition, it is also authorized to take over the liability for contractual commitments made by Hypo Alpe-Adria-Bank International AG.

(3) There is no legal claim to measures pursuant to this Federal Act. "

2. In § 2 para. 4, first sentence, the number shall be: "15" by the number "22" replaced.

3. In § 2 (4), the third and fourth sentences are deleted.

Article 3

Amendment of the Financial Market Supervisory Authority Act

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

1. In § 2 (1), after the word order " in the Banking Intervention and Restructuring Act-BIRG, BGBl. I No 160/2013, " the phrase " Law for the creation of a mining unit-GSA, BGBl. I No. 51/2014, Federal Law on Sanation Measures for the HYPO ALPE ADRIA BANK INTERNATIONAL AG-HaaSanG, BGBl. I No 51/2014 " inserted.

(2) The following paragraph 26 is added to § 28:

" (26) § 2 para. 1 in the version of the Federal Law BGBl. I n ° 51/2014 shall enter into force with the following day. "

Article 4

Federal law on the establishment of a federal mining holding company for the HYPO ALPE-ADRIA-BANK S.P.A. (HBI Federal Holding Act)

Foundation of HBI-Bundesholding AG

§ 1. (1) The Federal Minister of Finance is authorized to take over the shares in HYPO ALPE-ADRIA-ADRIA-BANK S.P.A. with its registered office in Udine (HBI) with the company's word "HBI-Bundesholding AG", hereinafter referred to as "Company", and the following company: Based in Vienna, whose share capital amounts to EUR 70 000. The share rights are wholly owned by the federal government. The Federal Minister of Finance is responsible for the administration of the shares ' rights.

(2) Unless otherwise specified in this Federal Act, the provisions of the German Stock Corporation Act, BGBl. 98/1965, shall also apply to this company in the applicable version.

(3) As far as this is necessary for the operation and an adequate capital endowment of the company, the Federal Minister of Finance is also authorized, also as a property, to the shares in the HBI as well as the related existing to contribute claims and liabilities and a cash contribution to the company.

(4) The Federal Minister of Finance has to appoint a certified auditor as a founding auditor.

Definition of the company's object

§ 2. (1) The corporate object of the company is the management and the best possible utilization of the shares in the HBI.

(2) The Federal Government shall ensure the financing of measures pursuant to paragraph 1.

Appointment of the institutions

§ 3. The part of the members of the Supervisory Board, which is not covered by employees, and the board of directors are to be ordered in agreement with the Federal Chancellor on a proposal from the Federal Minister of Finance.

Sale of shares

§ 4. The Federal Minister of Finance is authorized, in accordance with the terms of aid law, to sell the shares of the Federal Government in the best possible way to the company or to the HBI. The Federal Minister of Finance can commission the company with the sale of the shares in the HBI. The proceeds of the divestment shall flow to the Federal Government.

Fees and charges

§ 5. The legal transactions, the writings and the official acts required for the implementation of this Federal Act are governed by the federal law of the Federal Republic of Germany, the Federal Administration and the Law of the Court of Justice and the Administrative Law of the Court of Justice-GGG 1984. BGBl. No 501/1984, regulated fees.

Enforcement

§ 6. With regard to the exemption of fees under the GGG 1984 pursuant to Section 5 of the Federal Minister of Justice, with regard to Section 3 of the Federal Minister of Finance in agreement with the Federal Chancellor and with regard to the enforcement of this Federal Act, of the other provisions of the Federal Minister for Finance.

Article 5

Federal Law on the Establitation of a Federal Mining Investment Company (ABBAG Act)

Foundation of the Mining Equity Firm

§ 1. (1) The Federal Minister of Finance is authorized to take over the shares in a mining company in accordance with § 3 of the Federal Law for the Creation of a Dismantling Unit (GSA), BGBl. I No 51/2014, a public limited company with the company's word "ABBAG-mining equity company of the federal government", hereinafter referred to as the company, and the seat in Vienna, whose share capital is EUR 70 000. The share rights are wholly owned by the federal government. The Federal Minister of Finance is responsible for the administration of the shares ' rights.

(2) Unless otherwise specified in this Federal Act, the provisions of the German Stock Corporation Act, BGBl. 98/1965, shall also apply to this company in the applicable version.

(3) As far as this is necessary for the operation and an adequate capital endowment of the company, the Federal Minister of Finance is also authorized, also as a property, the shares in Hypo Alpe-Adria-Bank International AG as well as the to bring together existing claims and liabilities as well as a cash deposit into the company.

(4) The Federal Minister of Finance has to appoint a certified auditor as a founding auditor.

Definition of the company's object

§ 2. (1) The corporate object of the company consists in the management of the shares in a mining company.

(2) The Federal Government shall ensure the financing of measures pursuant to paragraph 1.

Appointment of the institutions

§ 3. The part of the members of the Supervisory Board, which is not covered by employees, and the board of directors are to be ordered in agreement with the Federal Chancellor on a proposal from the Federal Minister of Finance.

Sale of shares

§ 4. The Federal Minister of Finance is authorized to sell the shares of the Federal Government in the best possible way in accordance with the terms of the aid granted by the Federal Government. The proceeds of the divestment shall flow to the Federal Government.

Fees and charges

§ 5. The legal transactions, the writings and the official acts required for the implementation of this Federal Act are governed by the federal law of the Federal Republic of Germany, the Federal Administration and the Law of the Court of Justice and the Administrative Law of the Court of Justice-GGG 1984. BGBl. No 501/1984, regulated fees.

Enforcement

§ 6. With regard to the exemption of fees under the GGG 1984 pursuant to Section 5 of the Federal Minister of Justice, with regard to Section 3 of the Federal Minister of Finance in agreement with the Federal Chancellor and with regard to the enforcement of this Federal Act, of the other provisions of the Federal Minister for Finance.

Article 6

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

General provisions

Objective and applicable law

§ 1. (1) This federal law provides for the implementation of measures under Directive 2001 /24/EC of 4 April 2001 on the reorganisation and winding up of credit institutions with which the financial situation of the reorganisation institution is secured and restored . The measures provided for in this Federal Act shall be remediation measures within the meaning of Article 2 of this Directive.

(2) In the case of these measures, their conditions and their effects, unless otherwise provided in this Federal Act, Austrian law shall apply throughout the EEA. The effects shall also extend to the assets of the Sanierungsinstituts located throughout the EEA, including at its branches. § 81a bis § 81m Bankinggesetz, BGBl 532/1993, idgF, are to be applied in accordance with the remedial measures provided for in this Federal Act.

Definitions

§ 2. In the sense of this federal law,

1.

Refurbishment Institute: HYPO ALPE ADRIA BANK INTERNATIONAL AG (HBInt).

2.

Subordinated liabilities: liabilities of the reorganisation institution, including interest and incidental charges payable on them

a)

Instruments of supplementary capital pursuant to Articles 63 and 484 (5) in conjunction with Article 486 (4) of Regulation (EU) No 575/2013 of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EC) No 575/2013 (EU) No 646/2012 (CRR), irrespective of its creditability as own resources,

b)

instruments which, irrespective of their actual crediting in accordance with Article 23 (7) to (8a) of the Federal Elections Act (BWG), were eligible as own funds on 30 December 2013; and

c)

Financial instruments pursuant to Art. 4 para. 50 lit. a CRR, if the in Art. 63 lit. d CRR, regardless of whether this is based on the law or the terms of this financial instrument, in particular equity-replacing loans,

to the extent that these are cash financing and these have been allocated. Subordinated liabilities are, in particular, liabilities arising from the financing referred to in Appendix 1 to this Federal Act.

3.

Social liabilities: liabilities of the reorganisation institution in financial instruments pursuant to Art. 4 para. 50 lit. a CRR, which is between the exercise of at least one instrument pursuant to § 2 (1) Z 1 to 6 of the Federal Act on measures to ensure the stability of the financial market (Financial Market Stability Act-FinStaG), BGBl. I n ° 136/2008 idgF on recapitalisation of the refurbishment institute and 1. January 2010 was added if the creditor was at least temporarily a shareholder of the refurbishment institute during this period. Liabilities are in particular liabilities arising from the financing referred to in Appendix 2 to this Federal Act.

4.

Remediation liabilities: liabilities after Z 2 or Z 3, even if they are both secondary and shareholder liabilities.

5.

Contentious liabilities: liabilities of the refurbishment institution, its existence or its succession as well as liabilities to creditors, their position as a shareholder at the time of the counting of the financing to be Date of validity (Z 7) a dispute has been in dispute with a national or foreign court, irrespective of the outcome of that dispute. Liabilities shall not be considered to be contentious if they are considered to be both corporate and shareholder liabilities and that at least one of these qualifications was not subject to dispute at the date of at least one of these qualifications.

6.

Previous maturity date: the date on which the capital of a remediation obligation, if properly operated, under the dismissal of dismissal rights for repayment to the creditor by law or, if no compelling statutory regulation , it would be contractually due. If the capital is to be paid in several instalment, the date of the maturity of the last instalment shall be decisive. If there is no due date without termination, the date of maturity date shall be after the day of the day of the day of the day.

7.

Deadline: 1 June 2014.

8.

Day of Stundingday: the last month following the day five years after the deadline.

9.

Conclusion of the procedure: the date on which an ex-ectection title exists in respect of a contentious liability and, moreover, either exceptional remedies have not been made in good time or are not completed.

Remediation measures

Repayment of liabilities

§ 3. With the proclamation of a regulation pursuant to § 7, remediation liabilities, the previous due date of which is prior to the day of the day of the day and which are not contentious liabilities (§ 2 Z 5). At the same time, collateral including liabilities, including liabilities, shall be extinguishing, with the exception of the dingy referred to in Articles 21 to 23 of Directive 2001 /24/EC of 4 April 2001 on the reorganisation and winding-up of credit institutions Collateral and rights.

Debt stunted

§ 4. (1) With the presentation of a regulation in accordance with § 7, the maturity of contentious liabilities iSd § 2 Z 5 as well as interest payable on it shall not occur at the earliest on the day of the day of the day, but never before the conclusion of the procedure. If the date of maturity is due to the date of the day of the day, the due date shall only be due to the date of the due date.

(2) If the repayment is prohibited in the event of a remediation obligation by law or by a final court decision on the day of the sentence, the maturity of the remediation obligation shall only occur in accordance with the respective legal provisions of the law. Determination or judicial decision.

(3) A default shall not enter into force as a result of the stuning in accordance with paragraphs 1 and 2. Interest in excess of the contractually agreed interest on the capital amount of the unfounded remediation obligation, such as interest rate or interest rate interest, as well as additional charges, such as commissions, are not owed and shall be extinguished by means of the interest of the Arise as far as they arise after the proclamation of a regulation in accordance with § 7.

(4) For the period of payment of the payment, the creditor shall be charged, in accordance with the terms of the first para. 1 interest, on the basis of the interest rate arrangements agreed for the contractual term.

(5) According to the conclusion of the procedure, that a contentious liability is a state of remediation or was on the cut-off date, the effects referred to in § 3 shall occur with the presentation of a regulation in accordance with § 7.

Accompanying measures

§ 5. (1) To the extent that creditors of the Sanierungsinstituts, on the basis of legal or contractual provisions, on account of the measures taken in this Federal Law, rights of termination, design or consent or rights to ensure their claims , these are not to be applied and are not practicable.

(2) Profit from the refurbishment institution may not be distributed up to and including the financial year in which the day of the organisation is situated, and no such decision shall be taken. After that, profit may only be paid in so far as the bound reserves formed after this financial year exceed the amount of the liabilities issued in accordance with § 3 and Section 4 (5), or it is ensured that the amount of the bound reserves is to be paid. Refurbishment institute an amount of this amount up to the date mentioned in § 214 para. 1 of the Stock Corporation Act.

Compensatory measures

Justification for claims

§ 6. Creditors, whose claims for a reorganisation obligation pursuant to § 3 or § 4 (5) are extinguishing, shall arise up to the maximum extent of the date referred to in Section 214 (1) of the German Stock Corporation Act (AktG) in so far as a new claim against the Refurbishment institute, as a property otherwise to be defended to the shareholders. This requirement arises as far as such a fortune is present, to the extent of the proportion of the receivaged receivment of all receivable receivries, and proceeds to claims by shareholders for a liquidation proceeds. The extent of the claims at the time of their erasure shall be decisive. Section 208 of the German Stock Corporation Act shall apply mutatily.

Procedural provisions

Decision on remediation measures

§ 7. (1) The Financial Market Supervisory Authority (FMA) is the authority empowered to implement a measure in the Sanierungsinstitut.

(2) Within two weeks from the date of entry into force of this Federal Act, the competent authority in accordance with the first paragraph shall issue the regulation in accordance with § § 3 and 4 (1) and within two weeks from the conclusion of the proceedings, the regulation provided for in § 4 (5). The term refers to those liabilities to which the measures in accordance with this Federal Act extend. The Sanierungsinstitut shall be obliged to provide the appropriate information and information without delay.

(3) If the FMA is subsequently notified of remediation liabilities to which § 3 or § 4 (1) is applicable, which are not covered by a previously adopted Regulation in accordance with paragraph 2, it shall immediately have another such regulation in respect of of the liabilities subsequently highlighted.

Information and notice

§ 8. The competent authority referred to in Article 7 (1) shall immediately inform the competent authorities of the Member States of the European Union concerned of the issue of a regulation and its effects.

Final provisions

Linguistic equality

§ 9. Insofar as personal names are only mentioned in male form in this federal law, they refer to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

References

§ 10. Insofar as other federal laws are referred to in this Federal Act, these are to be applied, if nothing else, in their respectively valid version.

Fees and charges

§ 11. (1) The legal transactions, writings and official acts required for the implementation of this Federal Act are governed by the federal law of the Federal Republic of Germany, the Federal Administrative Sates and the Law of the Court of Justice and Justice Administration Law. 1984, BGBl. No 501/1984, regulated fees.

(2) Income from the loss of liabilities in accordance with § 3 and Section 4 (5) shall be exempt from income taxes.

Enforcement

§ 12. The Federal Government is responsible for the enforcement of this federal law.

entry into force

§ 13. This Federal Act shall enter into force with the day following its presentation.

Fischer

Faymann

Appendix 1

on the Federal Law on Sanation Measures for the
HYPO ALPE ADRIA BANK INTERNATIONAL AG (HaaSanG)

Subordinated liabilities In the sense of § 2 Z 2 HaaSanG, liabilities arising from the following instruments (Strittige liabilities within the meaning of § 2 Z 5 HaaSanG are declared declaratively by adding the term "contentious"). Liabilities in accordance with § 2 Z 5 HaaSanG are not considered as contentious if they are considered to be both secondary and shareholder liabilities and if at least one of these qualifications was not a dispute in dispute at least on the date of the closing date.)

Instruments:

(Supplementary capital)

1.

the non-renouncing (zero bond) supplementary capital bond debt 1999-2014 (ISIN AT0000327374);

2.

The variable-rate supplementary capital debt securities 1999-2014 (ISIN AT0000327382);

3.

The 5.25% Supplementary Capital Debt 2003-2015 (ISIN XS0178449467);

4.

the variable waiver of the supplementary capital debt cover 2003-2015 (ISIN AT0000355326);

5.

the variable-rate supplementary capital debt securities 2005-2017 (ISIN AT0000355359);

6.

the promissable loan number SSD_35 (5.69%) of 29.12.2003;

7.

the promissable loan number SSD_31 (5.69%) of 29.12.2003;

(Subordinated Debt)

8.

the 4.35% debt description 2006-2016 (ISIN XS0274117117);

9.

The variable-rate debt description 2007-2017 (ISIN XS0283714896);

10.

the 5.03% debt bond 2004-2017 (ISIN AT0000355334);

11.

The variable-rate debt description 2003-2017 (ISIN XS0170866775);

12.

the variable-interest name-debt tender 2004-2017 (Internal number QOXDB9964079);

13.

the variable-interest debt description 2004-2017 (ISINXS0205170268);

14.

the 4.875% debt description 2004-2017 (ISIN XS0184026374);

15.

Variable-rate debt description 2002-2017 (ISINXS0154247299);

(Subordinated Promissary Loan)

16.

the promissable loan number SSD_25 (5.00%) of 28.03.2003;

17.

the promissable note number SSD_26 (5.00%) of 28.03.2003;

18.

the promissable note number SSD_27 (5.00%) of 28.03.2003;

19.

the promissable notes number SSD_30 (4.97%) of 28.10.2003;

20.

the promissable loan number SSD_33 (4.35%) of 27.06.2003;

21.

the promissable loan number SSD_34 (4.97%) of 28.10.2003;

22.

the promissable loan number SSD_53 (4.35%) of 27.06.2003;

23.

the promissable loan number SSD_56 (4.08%) of 03.02.2005;

24.

the promissable loan number SSD_57 (4.08%) of 03.02.2005;

25.

the promissable loan number SSD_58 (4.08%) of 03.02.2005;

26.

the promissory note number SSD_66 (3m-Euribor + 0, 25%) of 31.03.2005;

27.

the promissable loan number SSD_70 (3.70%) of 29.07.2005;

28.

the promissable loan number SSD_71 (3.79%) of 08.08.2005;

29.

the promissable loan number SSD_72 (3.79%) of 08.08.2005;

30.

the promissable loan number SSD_73 (3.80%) of 15.08.2005;

31.

the promissable loan number SSD_74 (3.80%) of 15.08.2005;

32.

the promissable loan number SSD_75 (3.80%) of 31.08.2005;

33.

the promissable loan number SSD_79 (3,618%) of 19.09.2005;

34.

the promissable loan number SSD_80 (3.63%) of 20.09.2005;

35.

the promissable loan number SSD_81 (3,614%) of 21.09.2005;

36.

the promissable loan number SSD_104 (4.45%) of 01.06.2006;

37.

the promissory note number SSD_105 (3m-Euribor + 0, 25%) of 06.06.2006;

38.

the promissable loan number SSD_112 (4,495%) of 09.08.2006;

39.

the promissable loan number SSD_113 (4.51%) of 17.08.2006;

40.

the promissable loan number SSD_120 (4.28%) of 05.09.2006;

41.

the promissable loan number SSD_121 (4.50%) of 31.10.2006;

42.

the promissable loan number SSD_141 (4.60%) of 30.06.2006;

43.

the promissable loan number SSD_142 (4.60%) of 30.06.2006;

44.

the promissable loan number SSD_143 (4.60%) of 30.06.2006;

45.

the promissory note number SSD_144 (6m-Euribor + 0, 30%) of 23.02.2007;

46.

the promissable loan number SSD_145 (4,517%) of 15.03.2007;

47.

the promissable loan number SSD_146 (4,517%) of 15.03.2007;

48.

the promissable loan number SSD_148 (4.56%) of 31.08.2006;

49.

the promissable loan number SSD_149 (4.56%) of 31.08.2006;

50.

the debt note loan number SSD_117-1 (4.49%) of 17.08.2006;

51.

the debt note loan number SSD_117-2/133 (4.49%) of 17.08.2006;

(Participatory capital)

52.

Issue of participation capital to the Republic of Austria in the nominal value of EUR 900 million from 29.12.2008 (ISIN AT0000A0CKR9), transferred to FIMBAG Finanzmarktbeteiligung Aktiengesellschaft des Bundes (FN 319227b) with a basic agreement of the 28.12.2008 and reduced by decision of the Annual General Meeting from 30.5.2011 to EUR 275,111,072,56;;

53.

Issuances of participation capital to Hypo Bank Burgenland AG in the nominal amount of EUR 30 million of 30.12.2009 (ISIN QOXDBA010820), transferred to the Grazer Wechselseitige Versicherung Aktiengesellschaft with 25.5.2011 and reduced by decision of the Annual General Meeting from 30.5.2011 to EUR 9.170.369.09;

54.

Issueof participation capital to the Land of Carinthia in the nominal amount of EUR 30.78 million of 30.12.2009 (ISIN QOXDBA010804 and QOXDBA010812), reduced by decision of the Annual General Meeting from 30.5.2011 to EUR 9.406.653.43;

55.

Issueof participation capital to Carinthian Land Holding in the nominal amount of EUR 150 million from 30.12.2009 (ISIN QOXDBA013105), reduced by decision of the Annual General Meeting from 30.5.2011 to EUR 45,851,845,43;

56.

Issueof participation capital to the Republic of Austria in the nominal amount of EUR 800 million from 13.12.2013;

(legally subordinated liabilities (ECEC))

57.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, of 17.10.2008, loan number 12/6/3973623, extended by contract of 16.8.2010 (contentious);

58.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, of 17.3.2008, loan number 71005/7/3973623, extended by contract of 16.3.2011 (contentious);

59.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, dated 1.7.2008, loan number 71012/7/3973623, extended by contract of 25.6.2012 (contentious);

60.

Debt securities ISIN XS0397542746 of 4.11.2008 (contentious);

61.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, dated 4.6.2008, loan number 71011/7/3973623, pro rata extended with contract of 30.12.2009 (contentious, if not extended pro rata);

62.

the loan agreement of 18 June 2008, loan number 11/6/3973623 (contentious), signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts (public law institution).

63.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, of 22.5.2009, loan number 71017/7/3973623, extended by the contract of 18.5.2011;

64.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, of 29.6.2009, loan number 14/6/3973623, extended pro rata with contract of 2.8.2012;

65.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, dated 30.12.2009, loan number 7/6/3973623;

66.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, dated 30.12.2009, loan number 8/6/3973623;

67.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, dated 30.12.2009, loan number 10/6/3973623.

Appendix 2

on the Federal Law on Sanation Measures for the
HYPO ALPE ADRIA BANK INTERNATIONAL AG (HaaSanG)

Social liabilities In the sense of § 2 Z 2 HaaSanG, liabilities arising from the following instruments (Strittige liabilities within the meaning of § 2 Z 5 HaaSanG are declared declaratively by adding the term "contentious"). Liabilities in accordance with § 2 Z 5 HaaSanG are not considered as contentious if they are considered to be both secondary and shareholder liabilities and if at least one of these qualifications was not a legal dispute on the cut-off date.):

Instruments:

1.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, of 22.5.2009, loan number 71017/7/3973623, extended by the contract of 18.5.2012;

2.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, of 29.6.2009, loan number 14/6/3973623, extended pro rata with contract of 2.8.2012;

3.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, dated 30.12.2009, loan number 7/6/3973623;

4.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, dated 30.12.2009, loan number 8/6/3973623;

5.

the loan agreement signed with the Bayerische Landesbank, Anstalt des öffentlichen Rechts, dated 30.12.2009, loan number 10/6/3973623.