459. Ordinance of the Financial Markets Authority (FMA) amending the Payment and E-Money-Institute-Reporting Regulation

On the basis of § 20 (5) of the Payment Services Act-ZaDiG, BGBl. I n ° 66/2009, as last amended by the Federal Law BGBl. I n ° 184/2013, in conjunction with Section 13 (1) of the E-Money Act 2010, BGBl. I n ° 107/2010, as last amended by the Federal Law BGBl. I n ° 184/2013, is assigned with the approval of the Federal Minister for Finance:

The Regulation of the Financial Markets Authority (FMA) to determine the reporting of payment institutions and e-money institutions (Payment and E-Money-Institute-Reporting Ordinance-ZEIMV), BGBl. II No 352/2009, as last amended by the BGBl Regulation. II No 463/2011, shall be amended as follows:

1. § 1 reads:

" § 1. Payment institutions and electronic money institutions shall, in accordance with Appendix A1, have in particular information on the balance sheet, items on the balance sheet, profit and loss account and mandatory information in the Annex and also information on the balance sheet, as well as information on Credit guarantees (§ 5 para. 5 ZaDiG or § 3 (3) (3) (2) of the E-Money Act 2010), the securing of customer funds (§ 17 ZaDiG and § 12 E-Money Act 2010) and on the organisational requirements (§ 19 ZaDiG resp. § 13 E-Money Act 2010).

(1a) Payment institutions and electronic money institutions shall have the following Annex A1a , in particular, information on payment service, payment service, or E-Money-Business and E-Money-operational risks arising from transactions and functionalities (§ 19 ZaDiG and/or § 13 E-Money Act 2010).

(2) Payment institutions and electronic money institutions shall have the data on the Appendix A1 immediately after the end of each calendar quarter, and no later than the tenth bank working day of the following month.

(2a) Payment institutions and electronic money institutions shall have the data on the Annex A1a immediately after the end of each calendar quarter, and no later than the tenth bank working day of the following month. "

2. In § 2 (1) the word order shall be "on the respect of own resources" through the phrase "on compliance with the provisions on hard core capital" replaced.

3. The heading to § 7 reads:

"Entry into force and transitional provisions"

4. The following paragraphs 3 and 4 are added to § 7:

" (3) § 1 and § 2 para. 1 shall be 1. Jänner 2014 in force. § 1 and § 2 (1) and the Annexes A1 and A2 in the version of the BGBl Regulation. II No 459/2013 are to be applied for the first time to reports on the reporting date of 31 March 2014.

(4) § 1 (1a) and (2a) and the Annex A1a in the version of the BGBl Regulation. II No 459/2013 shall expire on 30 September 2014 and shall be applied for the last time to reports on the reporting date of 30 September 2014. "

5. Annexes A1 and A2 are: (see annexes)

Ettl Kumpfmüller