Change The 4 Derivatives And Derivative Instruments Reporting Regulation

Original Language Title: Änderung der 4. Derivate-Risikoberechnungs- und Meldeverordnung

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355. Regulation of the Financial Markets Authority (FMA), with which the 4. Derivatives-Risk calculation and reporting regulation is amended

Due to § § 73 (1) (2) and (152) of the Investment Fund Act 2011-InvFG 2011, BGBl. I n ° 77, as last amended by the Federal Law BGBl. I No 184/2013, shall be arranged:

The Regulation on risk calculation and reporting of derivatives-4. Derivatives-Risk calculation and reporting regulation, BGBl. II No 266/2011, as last amended by the BGBl Regulation. II No 102/2013, shall be amended as follows:

1. In accordance with § 2, the following § 2a together with the heading is inserted:

" Reporting Format

§ 2a. (1) The message shall be transmitted in the Extensible Markup Language (XML) format by means of the Incoming platform of the FMA. The entire notification of a management company must be made in an XML file. The message is to be created using the XML Schema Definition (XSD)-preferences of the FMA.

(2) The report shall include the following data:

1.

the name of the management company;

2.

the bank code of the management company;

3.

International Securities Identification Number (ISIN) of the investment fund, up to a maximum of 12 characters, alphanumeric;

4.

Name of investment fund, maximum 100 characters, alphanumeric;

5.

Risk statement in percent, maximum 3 digits, numeric;

6.

Maximum risk indication of the reporting period in percent, maximum 3 digits, numerical;

7.

Application of the relative Value at Risk (VaR) approach, a position, "J"/"j" or "N"/"n";

8.

Application of the absolute VaR approach, one position, "J"/"j" or "N"/"n";

9.

Special investment limits according to the Fund's provisions (maximum total risk of derivative instruments (Commitment Approach) or maximum amount of risk (VaR) according to the Fund's provisions), up to 300 digits, alphanumeric;

(3) In the case of blank messages, ISIN, the name of the investment fund and the risk statement shall be transmitted. "

2. § 27 Z 2 to 4 are:

" 2.

credit institutions authorised in a Member State in accordance with Article 4 (1) (1) of Regulation (EU) No 575/2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, OJ L 136, 31.5.2013, p. No. OJ L 176, 27.6.2013 p. 1;

3.

foreign credit institutions according to § 2 Z 13 of the Banking Act-BWG, BGBl. I No 532/1993, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 184/2013, with the head office in a central State to be provided with a risk weight not exceeding 20 vH in accordance with Part 3, Title II, Chapter 2 of Regulation (EU) No 575/2013;

4.

Investment firms according to Article 4 (1) (2) of Regulation (EU) No 575/2013, having their registered office in a central State which would be subject to a risk weight not exceeding 20 VH in accordance with Chapter 2 of Title II of Part 3 of Regulation (EU) No 575/2013. "

3. The following paragraphs 4 and 5 are added to § 36:

" (4) § 2a together with the title and § 27 Z 2 to 4 in the version of the BGBl Regulation. II No 355/2013 are due to 1. Jänner 2014 in force. § 2a is to be applied for the first time to reports on 31 March 2014.

(5) The Regulation of the Financial Markets Authority (FMA) on the type of electronic transmission of the reporting of derivatives (Derivate-MeldesystemOrdinance 2011-DMV 2011), BGBl. II No 267/2011, shall expire on 31 December 2013. '

Ettl Kumpfmüller