Fma Cost Regulation 2016 - Fma-Kvo 2016

Original Language Title: FMA-Kostenverordnung 2016 – FMA-KVO 2016

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419. Ordinance of the Financial Markets Authority (FMA) on the costs of financial market supervision (FMA-Cost Ordinance 2016-FMA-KVO 2016)

Because of

1.

§ 19 (7) of the Financial Market Supervisory Authority Act-FMABG, BGBl. I n ° 97/2001, as last amended by the Federal Law BGBl. I No 117/2015, in conjunction with Section 69a of the Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I No 117/2015, § 60 of the Payment Services Act-ZaDiG, BGBl. I n ° 66/2009, as last amended by the Federal Law BGBl. I n ° 68/2015, Section 22 (2) of the E-Money Act 2010, Federal Law Gazette (BGBl). I n ° 107/2010, as last amended by the Federal Law BGBl. I n ° 68/2015, § 16 of the Central Custody Law Enforcement Act-ZvVG, BGBl. No 69/2015, § 160 of the Sanation and Settlement Act-BaSAG, BGBl. I n ° 98/2014, as last amended by the Federal Act BGBl. I n ° 127/2015, § 56 of the Deposit Guarantee and Investor Compensation Act-ESAEG, BGBl. I No 117/2015, § 271 of the Insurance Supervision Act 2016-VAG 2016, BGBl. I n ° 34/2015, as last amended by the Federal Act BGBl. I n ° 112/2015, and § 35 of the Pensionskassengesetz-PKG, BGBl. No. 281/1990, as last amended by the Federal Law BGBl. I No 68/2015,

2.

Section 271 (2) and (3) VAG 2016,

3.

§ 90 (2) of the Securities and Markets Act 2007-WAG 2007, BGBl. I n ° 60/2007, as last amended by the Federal Law BGBl. I No 117/2015,

4.

§ 5 (2) of the Central Counterparty Act on Enforcement of the Law-ZGVG, BGBl. I n ° 97/2012, as last amended by the Federal Law BGBl. I No 69/2015,

5.

Section 11 (2) of the ZvVG,

6.

§ 144 (2) of the Investment Fund Act 2011-InvFG 2011, BGBl. I n ° 77/2011, as last amended by the Federal Law BGBl. I No 117/2015,

7.

Article 56 (6) of the Alternative Investment Fund Manager Law-AIFMG, BGBl. I No 135/2013, as last amended by the Federal Law BGBl. I No 117/2015,

8.

§ 2 (13) of the Real Estate Investment Fund Act-ImmoInvFG, BGBl. I n ° 80/2003, as last amended by the Federal Law BGBl. I No 115/2015,

9.

§ 45a (2) of the Operating Staff and Self-employment Act-BMSVG, BGBl. No 100/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 79/2015,

Is prescribed:

1. Main item

General Part

Section 1

General provisions

Scope

§ 1. This Regulation lays down

1.

the implementation of advance payments and the reimbursement of the costs of the Financial Supervisory Authority (FMA),

2.

Further aspects relating to the actual cost accounting and to the calculation of advance payments in the accounting unit 1 (banking supervision) and in the accounting unit 2 (insurance supervision) as well as

3.

the allocation of the costs of the accounting circuit 3 (securities supervision) to the payer in accordance with § 90 para. 1 WAG 2007, § 5 para. 1 ZGVG, § 11 para. 1 ZvVG, § 144 para. 1 InvFG 2011, § 56 para. 5 AIFMG, § 2 para. 12 ImmoInvFG and § 45a para. 1 BMSVG.

Definitions

§ 2. For the purposes of this Regulation:

1.

Is-cost accounting: the financial statements of the annual financial statements of the FMA to be drawn up pursuant to § 18 FMABG to the individual costs liable to pay for the FMA financial year concerned.

2.

Settlement of advance payments: The settlement of the payments to be made in advance for an FMA financial year in advance by the advance payment requirements.

3.

Paid: Jene natural or legal persons who meet the requirements of § 3 (1) (1) (1) to (4).

4.

Persons subject to advance payment: Jene natural or legal persons who meet the requirements of section 9 (1).

Section 2

Is-Cost Accounting

Cost-effective

§ 3. (1) In order to reimburse the costs of supervision for an FMA financial year (actual costs), the following are required:

1.

Paid

a) aa)

pursuant to Article 69a (1) (1) (1) to (3) of the Federal

-

credit institutions as defined in Article 1 (1) of the BWG; or

-

Credit institutions pursuant to Section 9 (1) of the Federal Elections Act (BWG) are and are engaged in activities in Austria via a branch

-

Financial holding companies pursuant to Article 4 (1) (20) CRR or mixed financial holding companies according to § 2 Z 15 of the financial conglomerate act-FKG, BGBl. I No 70/2004, provided that they are part of a group of credit institutions pursuant to Section 30 of the Federal Elections Act (BWG),

bb)

pursuant to Section 69a (8) of the Federal Elections Act, which are representative offices pursuant to § 2 Z 17 BWG,

cc)

pursuant to Section 60 (1) of the ZaDiG, which

-

Payment institutions according to § 3 Z 4 lit. a ZaDiG, or

-

Branches pursuant to § 12 of the ZaDiG

dd)

pursuant to Section 22 (2) of the E-Money Act 2010, which

-

E-money institutions are in accordance with Section 3 (2) of the E-Money Act 2010; or

-

Branch offices in accordance with § 9 of the E-Money Act 2010;

(b) aa)

pursuant to Section 160 (1) (1) of the BaSAG, the institutions pursuant to § 2 Z 23 in conjunction with § 2 Z 2 or 3 BaSAG and pursuant to Section 4 of the German Federal Banking Act (BWG) are banking transactions,

bb)

pursuant to Section 160 (1) (2) of the BaSAG, the financial holding companies according to § 2 Z 9 BaSAG or mixed financial holding companies according to § 2 Z 10 BaSAG, provided that they are part of a group of credit institutions in accordance with Section 30 of the Federal Elections Act (BWG);

c)

pursuant to Section 56 of the ESAEG, which

-

Member institutions pursuant to Article 7 (1) (1) (21) of the ESAEG are or

-

Member institutions pursuant to Section 44 (7) (7) of the ESAEG are;

2.

Paid in accordance with § 271 (1) VAG 2016, which

a)

on a concession

aa)

Pursuant to Section 6 (1) of the VAG 2016 as an insurance company or reinsurance undertaking with registered office in Germany pursuant to § 1 (1) (1) Z 1 VAG 2016,

bb)

pursuant to Section 6 (1) in conjunction with Section 83 (1) of the VAG 2016 as a small insurance company in accordance with § 1 Section 1 (1) Z 2 VAG 2016,

cc)

pursuant to Section 6 (1) in conjunction with Section 69 (2) of the VAG 2016 as a small insurance association pursuant to § 1 paragraph 1 (1) Z 3 VAG 2016,

dd)

pursuant to Section 13 (1) of the VAG 2016 as a branch of a third country insurance undertaking or a non-member country reinsurance undertaking in accordance with § 1 (1) (1) Z 4 VAG 2016

, and

b)

Pursuant to § 20 VAG 2016, a branch office has been established in Germany and EEA insurance companies or EEA reinsurance undertakings are in accordance with § 1 (1) (1) Z 5 VAG 2016;

c)

Insurance holding companies in accordance with § 1 paragraph 1 Z 6 in connection with § 195 para. 1 Z 6 VAG 2016 or mixed financial holding companies according to § 1 paragraph 1 Z 6 in connection with § 195 para. 1 Z 8 VAG 2016;

d)

Insurance companies in accordance with Section 1 (1) (1) (7) of the VAG 2016 are to be managed;

e)

Private foundations pursuant to § 1 paragraph 1 Z 8 VAG 2016 are;

f)

Purpose companies according to § 1 paragraph 1 Z 9 VAG 2016 are;

3.

Paid in accordance with the provisions referred to in Section 1 (3) of the Treaty,

a)

Transactions with reporting instruments pursuant to Section 64 of the WAG 2007 (notifiable institutions);

b)

whose instruments subject to notification were admitted to a regulated market or other stock exchange according to Article 2 of the Austrian Stock Exchange Act (BörseG), but with the exception of the federal government (issuer);

c)

who have a concession as an investment firm according to § 3 (1) WAG 2007 or as an investment service provider according to § 4 (1) WAG 2007, as well as companies of the contract insurance, the brokerage transactions within the meaning of section 6 (3) of the VAG In 2016 and on a case-by-case basis in connection with § 69 para. 2 or § 83 paragraph 1 VAG 2016, management companies according to § 5 paragraph 1 InvFG 2011, which have provided services pursuant to § 5 paragraph 2 Z 3 or 4 InvFG 2011, AIFM according to § 4 AIFMG, which Services according to § 4 paragraph 4 Z 1 or Z 2 lit. (a) or (c) AIFMG have provided, and the central orphanage who has provided services, in accordance with Article 17 (5), in conjunction with Article 18 of the CSDR (the provider of investment services);

d)

established as the central counterparty pursuant to Art. 2 No. 1 EMIR (central counterparty);

e)

as a clearing member in accordance with Art. 2 No.14 EMIR, in an in-lit. (d) the central counterparty (clearing members);

f)

have a concession as an operating pension fund according to § 18 paragraph 1 BMSVG, as a management company pursuant to § 5 paragraph 1 InvFG 2011, as a capital investment company for real estate pursuant to § 2 para. 1 ImmoInvFG or as AIFM according to § 4 para. 1 AIFMG or are registered as AIFM pursuant to § 1 paragraph 5 Z 1 AIFMG, as well as branch offices and non-EU-AIFM established pursuant to § 36 para. 2 InvFG 2011 or pursuant to § 33 AIFMG pursuant to § 39 paragraph 3 AIFMG (liquidator collective portfolio);

g)

which are established in the territory of the central verwahrer pursuant to Article 2 (1) (1) of the CSDR (central dewab);

4.

Paid in accordance with § 35 PKG, which have a concession to operate a pension fund in accordance with § 8 PKG.

(2) The obligation to refund shall also apply if the conditions set out in paragraph 1 are not available during the whole of the FMA financial year.

(3) Missing amounts and claims arising from the actual cost accounting of previous FMA financial years, which must be written off in the annual financial statements of the FMA due to partial or complete non-introduction, are the costs of the respective financial statements. Accounting (§ 19 (1) (1) (1) to (4) FMABG) or of the respective sub-accounting group (§ 10 Z 1 to 3, § 13 Z 1 to 7) for the following year.

Cost-prewriting

§ 4. (1) The FMA has to prescribe, in accordance with § 3 (1) Z 1 to 4, the actual costs of an FMA financial year which are subject to the respective costs incurred by the FMA. The pre-registration has to be made by 31 December of the year in which the annual accounts of the FMA are published.

(2) If the legal personality of the taxable person has been subject to the legal personality and the conditions for an advance in the case of legal successor are available, the cost-enrolment may also take place until 31 March of the following year.

Fillets

§ 5. The amounts to be charged shall be paid out or rounded up to a full euro amount. Amounts up to and including 49 cents shall be rounded up and amounts of up to 50 cents shall be rounded up.

Data Messages

§ 6. (1) The basis for the calculation of costs shall be the data messages to be reported to the FMA in accordance with the applicable supervisory laws; these are:

1.

for the accounting unit 1:

a)

Section 69a (2) of the BWG in conjunction with Art. 99 CRR,

b)

Section 60 (2) of the ZaDiG in conjunction with Section 20 (2) of the ZaDiG,

c)

Section 22 (2) of the E-Money Act 2010 in conjunction with Section 60 (2) of the ZaDiG,

d)

Section 160 (1) of the BaSAG in conjunction with Section 69a (2) of the BWG and Art. 99 CRR,

e)

§ 56 ESAEG in conjunction with Section 69a (2) of the Federal Elections Act and Art. 99 CRR,

2.

for the accounting group 2: § 271 para. 2 VAG 2016 in conjunction with

a)

§ 248 (2), 4 and 8 VAG 2016 in conjunction with § 1 Z 1 of the insurance company Reporting Ordinance-VU-MV, BGBl. II No 217/2015,

b)

Section 79 (3) of the VAG 2016 in conjunction with Section 1 of the Small Insurance Company Accounting Ordinance-kV-RLV, BGBl. II No 168/2015,

3.

for the accounting unit 3:

a)

§ § 2 (2) and (3), 64, 73, 74 and 90 WAG 2007 in conjunction with Section 16 (2) and § 17 (1) and (2),

b)

Section 5 (2) of the ZGVG in conjunction with Section 18 (2),

c)

§ 56 (6) AIFMG, § 45a paragraph 2 BMSVG, § 144 sec. 2 InvFG 2011 and § 2 paragraph 13 ImmoInvFG in conjunction with § 20 paragraph 2,

d)

Section 11 (3) of the ZvVG in conjunction with Section 21 (3) and

4.

for accounting district 4: § 35 para. 1 in conjunction with Section 30a (1) of the PKG.

(2) The data reports referred to in section 3 (1), (1) to (4), to be reimbured by the taxable persons in accordance with paragraph 1 or the corresponding previous provisions for the previous financial year for the calculation of the costs in accordance with § 4 and the prepayment amounts. in accordance with § 9, the FMA shall be transmitted no later than 30 June of the following year.

(3) For the financial year of the taxable person from the calendar year, the financial year of the taxable person shall be the previous financial year, which shall be that until 31 December of that FMA financial year for which the actual cost accounting is carried out. If several financial years of the taxable person end up to 31 December of that FMA financial year for which the actual cost accounting is carried out, they shall be deemed to be the previous financial year within the meaning of paragraph 2.

(4) The FMA has to take into account the correction reports of institutions subject to notification concerning data from the previous financial year, provided that they were received by the FMA until 10 June of the following year at the latest.

Administrative setting of the database

§ 7. (1) The FMA shall determine the basis of the calculation of the costs if the data messages required for the measurement of costs in accordance with § 6

1.

have not been able to be reimbursed in the absence of basic data or, in the absence of a reporting obligation, they have not had to be reimbursed in accordance with the provisions referred to in § 6 (1) or the corresponding

2.

Have not been transmitted in good time or in good time or not in full.

(2) The conditions set out in paragraph 1 shall be met by the FMA

1.

a calculation of the share of the costs on the basis of the last available data declaration in accordance with § 6 or the corresponding previous provisions plus a supplement; or

2.

In the alternative, fix the share of the costs in the amount of the amounts in accordance with paragraph 4 or section 14 (3) Z 3.

(3) The surcharge in accordance with paragraph 2 (1) (1) is calculated as follows:

where:

1.

N the number of consecutive years for which the FMA has set the basis for the calculation of the costs on the basis of the last data report;

2.

B is the taxable base for the last previous period for the respective payer.

(4) The FMA has the share of the costs for a person who is not subject to any data messages pursuant to § 6 or the corresponding previous provisions from previous periods.

1.

a credit institution or other taxable persons in accordance with Article 3 (1) (1) (1) with the minimum amount in accordance with section 69a (4) of the BWG;

2.

of a payment institution with the minimum amount pursuant to § 60 para. 4 ZaDiG,

3.

an E-money-institute with the minimum amount pursuant to § 60 para. 4 ZaDiG,

4.

a person liable to pay the costs in accordance with § 3 (1) (2) (2) with the minimum costs according to § 12 (1),

5.

a pension fund with the amount resulting from § 35 (1) (1) (1) of the PKG,

6.

a notifiable institution with the minimum flat rate in accordance with § 14 (3) (1),

7.

an issuer with the minimum flat rate in accordance with section 14 (3) Z 2,

8.

a central counterparty with the minimum flat rate in accordance with section 14 (3) Z 4,

9.

a clearing member with the minimum flat rate in accordance with section 14 (3) Z 5,

10.

one of those in § 3 paragraph 1 Z 3 lit. (f) the minimum flat rate referred to in Article 14 (3) (6) or (7),

11.

of a central depositary with the minimum flat rate in accordance with § 14 (3) Z 8

to be fixed.

(5) In the case of paragraph 4, the FMA is entitled to the share of the costs of a taxable person who has been granted a concession for the provision of investment services in accordance with Section 3, Section 2 of the WAG 2007, on the basis of the costs of the concession pursuant to § 3 of the German Securities and Exchange Law (WAG) Section 8 of the WAG 2007 in conjunction with Section 4 (3) (3) of the Federal Elections Act (BWG). § 17 shall remain unaffected hereby.

Time limits and payment methods

§ 8. (1) The amounts prescribed in accordance with § 4 shall be reimbursed within one month of the notification of the date of delivery.

(2) The FMA has to repay the credit in accordance with § 19 (5) FMABG within one month of the legal force of the cost statement and after the written announcement of the bank account by the payer.

Section 3

Settlement of advance payments

Advance payment

§ 9. (1) For the performance of advance payment amounts for an FMA financial year, those liable to pay shall be obliged to meet the conditions laid down in § 3 (1) Z 1 to 4 on 30 September of the previous FMA financial year.

(2) The FMA has to prescribe the amount of the prepayment amount to be paid to them in accordance with the first paragraph of paragraph 1 with a notice. The dates laid down in § 4 (1) and (2) as well as the settlement rules laid down in § 5 to the rounding of the prescribed cost contribution are to be applied in this case.

(3) § 7 shall apply in the case of the advance payment of advance payment amounts, provided that no actual cost amounts for the preceding FMA financial year have been charged for the calculation of the advance payment amount for a respective non-payer.

2. Main piece

Special Part

Section 1

Accounting circle 1

Subaccounting circles

§ 10. Accounting Circle 1 (Banking Supervision) consists of the following taxable persons, each of which forms a separate sub-accounting circuit:

1.

Subaccounting circle 1, to which the legal entities according to § 3 paragraph 1 Z 1 lit. a are assigned;

2.

Subaccounting circle 2, to which the legal entities according to § 3 paragraph 1 Z 1 lit. b are assigned;

3.

Sub-account 3, to which the member institutes according to § 3 (1) Z 1 lit. c are assigned.

Cost obligation of central depositors

§ 11. If a concession for the provision of ancillary services pursuant to § 12 of the ZvVG has been granted to a central devotion, he shall be involved as a concessionaire within the meaning of Section 4 of the Federal Elections Act (BWG) in the distribution of the costs in the invoice circuit 1 according to § 69a BWG.

Section 2

Accounting circle 2

Minimum costs and flat rates

§ 12. (1) The subject of the provisions of Section 3 (1) (2) (2) (2) of the costs a or b at least the minimum costs to be borne in accordance with Section 271 (3) of the VAG 2016 shall be fixed at EUR 250.

(2) The flat rate pursuant to § 271 (2) of the VAG 2016 amounts to a fee for a fee according to § 3 (1) Z 2 lit. c to f 1 000 Euro. The flat rate is to be required only once per financial year in the case of advance payment as well as in the case of actual cost accounting, even if the fee subject is subject to several cases in accordance with § 3 (1) Z 2 lit. c to f falls.

Section 3

Accounting circle 3

Subaccounting circles

§ 13. The accounting group 3 (supervision of securities) consists of the following taxable persons, each of which forms a separate sub-accounting circuit:

1.

Subaccounting circle 1, to which the notifiable institutions according to § 3 (1) Z 3 lit. a are assigned;

2.

Subaccounting circle 2, to which the issuers, with the exception of the federal government, pursuant to § 3 (1) Z 3 lit. b are assigned;

3.

Subaccounting 3, which is the provider of investment services in accordance with Section 3 (1) Z 3 lit. c are assigned;

4.

Subaccounting circle 4, to which the central counterparties according to § 3 (1) Z 3 lit. d are assigned;

5.

Subaccounting circle 5, to which the clearing members according to § 3 paragraph 1 Z 3 lit. e are assigned;

6.

Subaccounting circle 6, to which the liquidator collective portfolios according to § 3 (1) Z 3 lit. f are assigned;

7.

Sub-accounting circuit 7, to which the central dissenter according to § 3 (1) Z 3 lit. g are associated with.

Minimum flat rate

§ 14. (1) On the basis of the cost measurement established in accordance with the provisions of this Regulation, a percentage of the costs to be charged which is less than the minimum flat-rate amount for the taxable person referred to in paragraph 3 shall be given to the To prescribe a fee for the minimum flat-rate amount.

(2) The FMA shall be entitled to apply the minimum flat-rate amounts, as laid down in paragraph 3, per person liable for costs, when the annual costs are apported. The accounting surpluses resulting from the introduction of minimum flat-rate amounts shall be offset in such a way that the compensation shall be made in stages within the group of taxable persons, with institutions subject to notification in accordance with Article 13 (1), which shall be subject to the following: The central institute, on the one hand, and other institutions subject to reporting requirements in accordance with § 13 Z 1, on the other hand, are in each case considered as a group of chargeable

(3) The minimum flat rate is for paid

1.

Institutions subject to notification in accordance with § 13 Z 1

500 euro;

2.

Issuers pursuant to § 13 Z 2

500 euro;

3.

Providers of investment services in accordance with § 13 Z 3

500 euro;

4.

central counterparties pursuant to § 13 Z 4

EUR 1 000;

5.

Clearing members according to § 13 Z 5

500 euro;

6.

Managing collective portfolios according to § 13 Z 6, insofar as these are not
exclusively registered AIFM according to § 3 paragraph 1 Z 3 lit. f are

EUR 1 000;

7.

Registered AIFM according to § 3 para. 1 Z 3 lit. F

500 euro;

8.

Central agitator according to § 13 Z 7

EUR 1 000.

Subaccounting Circle 1 (Reporting Institutions)

§ 15. (1) Reported shops and cancellation charges shall be weighted for the purposes of cost measurement. A weight of 100 vH shall be allocated to the transactions reported and to the cancellation policy, unless particular weighting factors as referred to in paragraphs 2 and 3 apply to individual business types. Stornomials and the messages on which they are based are to be treated separately as paid shops.

(2) In the case of credit institutions which are affiliated to a central institution and which are not entitled to resolve the connection to the Central Institute in accordance with § 27a BWG, a weighting of 6.9 vH shall be applied instead of the weight referred to in paragraph 1, provided that the direct client a customer according to § 6 para. 3 of the securities registration regulation 2007-WPMV 2007, BGBl. II No 217/2007, in conjunction with Article 13 (4) MiFID-DVO, and as a counterparty in accordance with § 5 WPMV 2007 in conjunction with Annex I, Table 1, point 20 MiFID-DVO, the competent central institute or another competent central institute attached credit institution. However, for intra-sectoral transactions between affiliated credit institutions, the weighting referred to in paragraphs 1 and 3 shall apply. For the purposes of cost measurement, intra-sectoral transactions, with the exception of transactions between affiliated credit institutions, shall be considered to be a chargeable transaction, the costs of which shall be required by that sector institution, which shall: unable to forward the business within the internal sector to a notifiable business. The competent central institution and the affiliated credit institutions shall provide the FMA with the necessary reference data by 30 June of the following year.

(3) If the reported transaction is concluded by the notifiable institution in the course of its activity as a market maker according to Article 56 (1) of the Austrian Stock Exchange Act (BörseG), the weight in accordance with paragraph 1 shall be reduced to 2.9 vH.

(4) A cumulative application of paragraphs 2 and 3 shall not take place, even if the reported transaction meets the conditions of both of the above paragraphs.

(5) The FMA has to determine the amount of the amounts to be paid to the taxable persons in accordance with § 13 Z 1, calculated according to their share of the reported transactions in the total number of transactions reported, whereby the transactions in relation to the ratios in accordance with paragraphs 1 to 3.

Subaccounting Circle 2 (Issuers)

§ 16. (1) The FMA shall determine the amounts paid to the taxable persons in accordance with § 13 (2) (2) in detail, calculated on the basis of their share in the domestic exchange rates of the instruments subject to reporting requirements, which shall apply during the calendar year concerned. a regulated market or other stock exchange according to § 2 BörseG. The FMA is entitled to collect information on the authorized instruments for the purpose of determining the contributions of the stock exchange company concessioned pursuant to § 2 BörseG for the operation of a regulated market or any other stock exchange, and to determine the contributions. Calculation of costs, whereby transactions in financial instruments subject to reporting obligations, which are shares and shares similar to shares, with 100 vH, transactions in all other financial instruments subject to reporting obligation, with 1.2 vH shall be weighted.

(2) The stock exchange company licensed to operate a regulated market or other stock exchange pursuant to § 2 BörseG has the corresponding reference data for the FMA until 30 June of the following year, taking into account the new first-time public authorisations for official trading or regulated free movement (IPOs) and any changes that have occurred in the meantime, in particular changes in the ISI numbers, delistings, capital measures (in particular: (a) and (c) the transfer of rights to and from official trade or regulated free circulation, to be made available.

Sub-accounting circuit 3 (provider of investment services)

§ 17. (1) The taxable persons according to § 13 (3) (3) shall submit to the FMA the reference data of the previous financial year audited by auditor auditors until 30 June of the following year. In the case of investment services companies in accordance with § 4 WAG 2007, the requirement for the examination of the reference data is no longer necessary.

(2) The reference data referred to in paragraph 1 shall be subject to turnover from investment services for the FMA financial year in question. These revenues do not include those revenues which have been passed on by a taxable person in accordance with § 13 Z 3 to other charged persons in accordance with § 13 Z 3 and which are to be reported by the latter as reference data in accordance with paragraph 1. Any foreign currency amounts are to be converted into euros at the exchange rate, which was valid at the time of the collection of the proceeds.

(3) The share of the cost of an investment firm or an investment service undertaking for an FMA financial year shall be determined by the ratio of the revenue from the investment services business of the individual investment firm or the individual Investment services undertaking to the total turnover of all investment firms and investment services firms. In the case of companies of the contract insurance, only 67 vH of the proceeds from mediation transactions according to § 6 para. 3 VAG 2016 must be taken into account. In the case of management companies, only 67 vH of the revenues from services pursuant to § 5 sec. 2 Z 3 and 4 InvFG 2011 and at AIFM are only 67 vH of the revenues from services according to § 4 paragraph 4 Z 1 and 2 lit. a and c AIFMG shall be taken into account. In the case of central depositors, the proceeds from services which have been lawfully provided in accordance with Article 17 (5) in conjunction with Article 18 CSDR shall be taken into account.

Subaccounting Circle 4 (Central Counterparties)

§ 18. (1) The FMA shall determine the amount of the amounts paid to the taxable persons in accordance with § 13 Z 4, calculated in accordance with their share of the clearing services provided domestily. The share is calculated according to the ratio of the total volume of all transactions in financial instruments according to § 1 Z 6 WAG 2007, which the individual subject-fee has handled in accordance with § 13 Z 4 in the relevant FMA financial year, to the total volume of all transactions Transactions in financial instruments according to § 1 Z 6 WAG 2007, all of which have been paid in accordance with § 13 Z 4 in the FMA financial year concerned.

(2) The taxable persons according to § 13 Z 4 of the FMA have the reference data in each case

1.

the total volume of all transactions in financial instruments which they have unwound in accordance with § 1 Z 6 WAG 2007 and

2.

The absolute share of each of their clearing members in the total volume of all transactions in financial instruments reported by them according to Z 1 in accordance with § 1 Z 6 WAG 2007

by 30 June of the following year. Any foreign currency amounts are to be converted into euros at the exchange rate, which has been valid at the time the transaction was concluded.

Subaccounting Circle 5 (clearing members)

§ 19. The FMA has taken up the amounts paid to the taxable persons in accordance with § 13 Z 5 in detail, calculated according to their share of the central counterparties established by them as a clearing member in one or more central counterparties established in Germany. Clearing services in the total volume of clearing services provided by these central counterparties. In doing so, the total volume of the clearing services provided shall be based on the reference data for the relevant FMA financial year submitted in accordance with Section 18 (2). For the calculation of the share in the total volume of the clearing services provided, § 18 para. 1 second sentence shall apply accordingly.

Subaccounting Circle 6 (liquidator collective portfolio)

§ 20. (1) The taxable persons according to § 13 Z 6 shall submit to the FMA the reference data of the previous financial year audited by auditor auditors until 30 June of the following year.

(2) For the purposes of the reference data referred to in paragraph 1, the administrative costs of the operating pension funds, the fixed commission income of the management companies and the capital investment companies, shall apply to persons liable to charge in accordance with § 13 Z 6. Real estate and the turnover of the AIFM from the management of AIF for the FMA financial year in question. These revenues do not include those proceeds which have been passed on by a payer in accordance with § 13 Z 6 to other charged persons in accordance with § 13 Z 6 and are to be reported by the latter as reference data in accordance with paragraph 1. Any foreign currency amounts are to be converted into euros at the exchange rate, which has been valid at the time of the imposition of the administrative costs, commission income or sales revenue.

(3) The FMA has the amounts paid to the taxable persons in accordance with § 13 Z 6 in detail, calculated according to their share in the total volume of the administrative costs of the operating pension funds raised, the commission received by the To identify management companies and investment companies for real estate and the revenue of AIFM from the management of AIF. The proportion shall be measured according to the ratio of the total volume of all administrative expenses, commission income or sales revenue raised by the individual taxable person in accordance with § 13 Z 6 in the relevant FMA financial year, less the revenue which has been paid by the individual pursuant to Section 17 (1), to the total volume of all administrative expenses, commission income and sales revenue, which all the liable persons have raised in accordance with § 13 Z 6 in the relevant FMA financial year. In the case of registered AIFM, only 50 vH of the total revenue received shall be taken into account.

Subaccounting Circle 7 (Central Orphanage)

§ 21. (1) The FMA shall have the amounts for 50 vH of the costs to be paid by all the taxable persons in accordance with § 13 Z 7 to the taxable persons in accordance with § 13 Z 7, calculated according to their share in the number of all custody securities, and for the costs of To determine a further 50 vH of the costs to be borne by all the taxable persons in accordance with § 13 Z 7, calculated on the basis of their share in the volume of all transactions which have been unwound. The number of securities held shall be determined at the end of the period of 31 December of the FMA financial year concerned. The volume of the transactions carried out shall be determined on the basis of the values of the individual transactions carried out at the time of settlement, including all cancellations which are attributable to the FMA financial year in question. Deliveries free from a payment are to be valued at market prices. Any foreign currency amounts are to be converted into euros at the exchange rate, which has been valid at the time of the transaction of the respective transaction.

(2) If the FMA finds in the cost pre-registration in accordance with § 4 (1) that the subaccounting circle 7 has been allocated to the FMA financial year in accordance with § 13 Z 7 only a single central orphan, the allocation of all costs of the FMA Sub-accounting for this central devoter in the range of 100 vH.

(3) By 30 June of the following year, the FMA shall transmit the reference data to the FMA on the number of securities held and the volume of the transactions carried out by the FMA in accordance with § 13 Z 7.

3. Main piece

Final provisions

References

§ 22. (1) For references to federal laws in this Regulation, the following shall apply:

1.

As far as the provisions of the Financial Market Supervisory Authority Act-FMABG, BGBl. I n ° 97/2001, this is in the version of the Federal Law BGBl. I No 117/2015;

2.

as far as the provisions of the Banking Act-BWG, BGBl. No. 532/1993, this is in the version of the Federal Law BGBl. I No 117/2015;

3.

as far as the provisions of the Payment Services Act-ZaDiG, BGBl. I n ° 66/2009, this is in the version of the Federal Law BGBl. I n ° 68/2015;

4.

as far as the provisions of the E-Money Act 2010, BGBl. I n ° 107/2010, this is in the version of the Federal Law BGBl. I n ° 68/2015;

5.

as far as provisions of the Sanation and Settlement Act-BaSAG, BGBl. I n ° 98/2014, this is in the version of the Federal Law BGBl. I No 127/2015;

6.

as far as the provisions of the Deposit Guarantee and Investor Compensation Act-ESAEG, BGBl. I No 117/2015, which is to be applied in its main version;

7.

as far as the provisions of the Insurance Supervision Act 2016-VAG 2016, BGBl. I n ° 34/2015, this is in the version of the Federal Law BGBl. I No 112/2015;

8.

as far as this Regulation is based on provisions of the Securities and Markets Act 2007-WAG 2007, BGBl. I n ° 60/2007, this is in the version of the Federal Law BGBl. I No 117/2015;

9.

insofar as in this Regulation the provisions of the Stock Exchange Act 1989-BörseG, BGBl. No. 555/1989, this is in the version of the Federal Law BGBl. I n ° 98/2015;

10.

as far as this Regulation is applicable to provisions of the Central Counterparty Enforcement Act-ZGVG, BGBl. I n ° 97/2012, this is in the version of the Federal Law BGBl. I No 69/2015;

11.

as far as this Regulation is applicable to the provisions of the Central Custody Enforcement Act-ZvVG, BGBl. I n ° 69/2015, it is to be applied in its main version;

12.

as far as this Regulation is based on provisions of the Investment Fund Act 2011-InvFG 2011, BGBl. I n ° 77/2011, this is in the version of the Federal Law BGBl. I No 117/2015;

13.

as far as this Regulation is applicable, to provisions of the Alternative Investment Fund Manager Law-AIFMG, BGBl. I n ° 135/2013, this is in the version of the Federal Law BGBl. I No 117/2015;

14.

as far as this Regulation is applicable to provisions of the Real Estate Investment Fund Act-ImmoInvFG, BGBl. I n ° 80/2003, this is in the version of the Federal Law BGBl. I No 115/2015;

15.

as far as this Regulation is applicable, to provisions of the Federal Employment and Self-Employment Service Act-BMSVG, BGBl. I n ° 100/2002, this is in the version of the Federal Law BGBl. I No 79/2015;

16.

as far as this regulation is based on provisions of the Pensionskassengesetz-PKG, BGBl. No. 281/1990, which is referred to in the version of the Federal Law BGBl. I n ° 68/2015;

17.

as far as this Regulation is applicable to the provisions of the Financial Conglomerates Act-FKG, BGBl. I n ° 70/2004, this is the BGBl version. I n ° 68/2015.

(2) The following shall apply to references to Union law in this Regulation:

1.

Where reference is made to the provisions of Regulation (EU) No 575/2013, referred to in this Regulation CRR, Regulation (EU) No 575/2013 on prudential requirements for credit institutions and investment firms and amending the Regulation (EU) No 648/2012, OJ No. No. 1, as amended by the Delegates Regulation (EU) 2015, 62, OJ L 176, 15.7.2010, p. No. OJ L 11, 17.01.2015;

2.

where reference is made to the provisions of Regulation (EU) No 909/2014, referred to in this Regulation (CSDR), Regulation (EU) No 909/2014 on the improvement of the supply and settlement of securities in the European Union and on Central Waider and amending Directives 98 /26/EC and 2014 /65/EU and Regulation (EU) No 236/2012, OJ L 206, 22.7.1998, p. No. 1., to be applied in its main version;

3.

where reference is made to the provisions of Regulation (EU) No 648/2012, referred to in this Regulation EMIR, Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories, OJ L 206, 22.7.2012, p. No. 1, as amended by the Delegates Regulation (EU) 2015/1515 OJ L 201, 31.7.2002, p. No. OJ L 239, 15.09.2015 p. 63;

4.

where reference is made to the provisions of Regulation (EU) No 1287/2006, referred to in this Regulation MiFID-DVO, Regulation (EC) No 1287/2006 implementing Directive 2004 /39/EC of the European Parliament and of the Council as regards the Recording requirements for investment firms, the reporting of transactions, market transparency, the admission of financial instruments to trading and certain terms within the meaning of this Directive, OJ L 327, 31.12.2002, p. No. OJ L 241, 02.09.2006 p. 1, to be applied in its main version.

Entry into force, external force and transitional provisions

§ 23. (1) This Regulation shall enter into force 1. Jänner 2016 in force.

(2) The Regulation of the Financial Markets Authority (FMA) on the costs of supervision of the financial markets (FMA-Cost Regulation-FMA-KVO), BGBl. II No 340/2003, as amended by the BGBl Regulation. II No 265/2015 shall expire on 31 December 2015.

(3) For the actual cost accounting for an FMA financial year, which is before the 1. The following applies: Instead of § 3 (1) (2) and (6) (1) (2) of this Regulation, § 3 (1) (2) and (6) (1) (2) of the Regulation are to be applied; § 12 (1) of this Regulation is only to be paid to a fee subject in the To apply the terms of Section 3 (1) (2) of the Regulation referred to in paragraph 2 of this Regulation; § 12 (2) of this Regulation shall not apply.

Ettl Kumpfmüller