Change Assets, Success And Risk Card Regulation

Original Language Title: Änderung der Vermögens-, Erfolgs- und Risikoausweis-Verordnung

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995405/nderung-der-vermgens-%252c-erfolgs--und-risikoausweis-verordnung-.html

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144. Regulation of the financial market authority (FMA), which modifies the wealth, success and risk card regulation

Due to section 74, paragraph 1 and 6 of the law on banking - Banking Act, Federal Law Gazette No. 532/1993, as last amended by the Federal Act Federal Law Gazette I no. 13/2014, is with the consent of the Federal Minister of finance prescribed:

The regulation of the financial market authority (FMA) to the wealth, success and risk statements (assets, success and risk identification regulation VERA-V), Federal Law Gazette II No. 471/2006, as last amended by the regulation BGBl. II No 28/2014, is amended as follows:

1 paragraph 7 subsection 1:

"(1) parent credit institutions have para the assets and track record in accordance with section 74 represented BWG banking group according to the attachment B1 according to § 59 to 1 Banking Act for the consolidated financial statements."

2. paragraph 8:

„§ 8. Asset management and track record in accordance with the Appendix B1 is immediately after the end of each calendar quarter, at the latest two months after the filing date to submit."

3. paragraph 9:

"Section 9 (1) parent credit institutions referred to in section 59 BWG have to divide the risk statements pursuant to section 74 para 1 of Banking Act according to the following plants:"



1. plant B3a;

2. plant B3b, if there is no interest rate risk, is an empty message to reimburse;

3. plant B3c, as long as the sum of the prices of all shares in the company reached the sum of EUR 10 million or its equivalent in euro. The message in accordance with the annex B3c has from the first filing date of the balance sheet date, where crossing, noted following fiscal year to be made;

4. system B3d, where parent credit institutions, whose foreign assets (assets 1 under the balance sheet) in the audited non-consolidated financial statements of the fiscal year preceding the message exceeds 100 million euro, the positions "up to 1 year", "over 1 to 2 years", "over 2 years", "not associate" and "Assets of the foreign offices to the seat country seat national currency" of chapter 1A. (Runtime statistics of rest of/assets), the position of "Liabilities of foreign branches to the seat country seat national currency" of chapter 1B (residual runtime statistics/liabilities) and Chapter 2 (country risk statistics) from the first filing date of the date of balance sheet, the crossing was established, to report the following year on a consolidated basis.

(2) parent credit institutions in accordance with section 59a BWG have the risk identification in accordance with article 74, paragraph 1 according to the system of C3b to BWG. If there is no interest rate risk, is an empty message to reimburse.

(3) the consolidation for the purpose of the reports pursuant to paragraphs 1 and 2 is to make according to § 59 or § 59a BWG. In the consolidation for the purpose of the messages referred to in paragraph 1 Z 4 are exclusively subsidiary (article 4 paragraph 1 number 16 of the Regulation (EU) No. 575/2013), which are domestic banks and their overseas assets exceed 5 vH of their assets and EUR 100 million in the audited financial statements of the fiscal year preceding the message, and all subsidiaries (article 4 para 1 number 16 of the Regulation (EU) No. 575/2013) ", the credit institutions authorised in a Member State or a third country within the meaning of article 4 para 1 No. 1 of the Regulation (EU) are no. 575/2013, to include."

4. paragraph 10 section 1:

"(1) parent credit institutions, which create a consolidated financial statements in accordance with section 59 BWG, the assets, in accordance with §§ 7 to 9 in the current year do not have to deliver success and risk statements, if the difference between the Group's operating profit and in the annex 2 to article I § 43 BWG, part 2, IV. composite operating income of non-consolidated annual accounts of the parent credit institution amounts to no more than 5 vH of this operating profit of the parent credit institution" , and for determining the reporting exemption each to attract are the values of the previous fiscal year. The exemption from the notification obligation also applies to parent credit institutions, which create a consolidated financial statements in accordance with section 59a BWG, the operating result of the group to be used is as a benchmark for the allowance."

5. paragraph 11 paragraph 1:

"(1) the risk disclosure in accordance with annexes B3a, B3b, B3c, B3d, and C3b is immediately after the end of each calendar quarter, at the latest two months after the filing date to submit."

6 paragraph 12 paragraph 1:

"(1) parent credit institutions have to integrate the assets and track record BWG consolidated in the audited consolidated financial statements in accordance with § 59 foreign credit institutions according to the system of D1 in accordance with article 74, paragraph 1."

7 paragraph 13:

"Section 13 (1) parent credit institutions referred to in section 59 BWG have the risk statements of the audited consolidated financial statements in accordance with section 59 BWG fully consolidated foreign credit institutions in accordance with article 74 para. 1 BWG according to the following systems to integrate: 1 plant D3a;"

2. plant D3b, if there is no interest rate risk, is an empty message to reimburse;

3. plant D3d, where parent credit institutions, whose foreign assets (assets 1 under the balance sheet) in the audited non-consolidated financial statements of the fiscal year preceding the message exceeds 100 million euro and the participations in subsidiary undertakings (article 4 para 1 number 16 of the Regulation (EU) No. 575/2013), they are foreign banks or credit institutions in Member States to hold a) for each such subsidiary undertakings the positions "up to 1 year" that "over 1 to 2 years", "over 2 years" as well as "not associate" and b) position "Assets of foreign branches to the seat country seat national currency" (runtime statistics of rest of/assets) in the plant B3d reported to have with regard to any Member State or third country, in which assets are invested.

(2) parent credit institutions in accordance with section 59a BWG have to integrate the risk statements of foreign credit institutions in accordance with article 74, paragraph 1 in the audited consolidated financial statements in accordance with section 59a BWG Consolidated Banking Act according to the system of E3b. If there is no interest rate risk, is. an empty message to repay"

8 paragraph 14:

"§ 14. The wealth, success and risk statements according to the plants D1, D3 and E3b is immediately after the end of each calendar quarter, to transmit end of the calendar year at the latest up to the fifteenth day of the second month following that for the fourth quarter at the latest within two months after."

9. the section 17 be attached following paragraph 10 and 11:

"(10) § 7 para 1, § 8, § 9, article 10, paragraph 1, article 11, paragraph 1, article 12, paragraph 1, § 13 and § 14 and plants A3b, B3b, C3b, D3b, and E3b in amended by regulation BGBl. No. 144/2014 with 1 July 2014 II come into force and shall apply for the first time on messages at the reporting date September 30, 2014.

(11) the installations C1, C3a, C3c, C3d, E1, E3a and E3d occur at the end of 30 June 2014 override; they are last messages on the registration date 30 June 2014 to apply."

10. the equipment A3b, B3b, C3b, D3b, and E3b are: (see facilities)

 

Ettl Kumpf Müller