415. Regulation of the Financial Markets Authority (FMA) amending the accompanying CRR Regulation (1). CRR-BV-Novelle)

On the basis of Section 21b (1) of the Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I No 117/2015, shall be arranged:

The CRR accompanying ordinance, BGBl. II No 425/2013, shall be amended as follows:

1. In Section 1, Section 1, after the site of the discovery " OJ No. OJ L 176, 27.06.2013 p. 1, " the phrase " as last amended by the Delegated Regulation (EU) No 2015/62, OJ L 206, 22.7.2002, p. No. OJ L 11, 17.01.2015, p. 37, inserted.

2. In accordance with § 21, the following § 21a and title shall be inserted:

" Prior authorisation for the repayment of business balances on the basis of announced cooperative shares

§ 21a. (1) Credit institutions pursuant to Section 1 (1) of the Banking Act-BWG, BGBl. No. 532/1993, in the version of the Federal Law BGBl. No 117/2015, in the legal form of a registered cooperative which, in accordance with the provisions of Article 6 (4) (1) and (6) of Regulation (EU) No 1024/2013, provides for the transfer of specific tasks relating to the prudential supervision of credit institutions to the European Central Bank, OJ C No. 63, not subject to direct supervision by the European Central Bank, will be in connection with Article 32 of the Delegated Regulation (EU) for the calendar year 2016 pursuant to Articles 77 and 78 of Regulation (EU) No 575/2013. N ° 241/2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council as regards technical regulatory standards for the own resources requirements of institutions, OJ L 327, 30.4.2013, p. No. OJ L 74, 14.03.2014 p. 8, as last amended by the delegated regulation (EU) No 2015/923, OJ L 206, 22.7.2003, p. No. 1., prior to the approval of the repayment of business assets on the basis of from 1. January 2014 dismissal of business shares, which were considered to be the post of hard core capital within the meaning of Art. 26 (1) (lit). (a) or in Article 484 (3) of Regulation (EU) No 575/2013, up to 1 vH of the hard core capital eligible before repayment is granted, provided that all of the following conditions are met:

1.		The hard core capital ratio in accordance with Art. 92 (1) (lit). a of Regulation (EU) No 575/2013 shall be at least 7 vH; after repayment;
2.		the total capital ratio in accordance with Art. 92 (1) (1). (c) Regulation (EU) No 575/2013 shall be at least 10.5 vH; after repayment;
3.		the audited financial statements 2014 with a report on the state of the business shares according to § 22 of the Cooperative Act-GenG, RGBl. No. 70/1873, in the version of the Federal Law BGBl. I No 112/2015, the FMA has been submitted in due time and in full within the time limit laid down in Section 44 (1) of the BWG;
4.		the notification pursuant to Article 99 of Regulation (EU) No 575/2013 of 30 September 2013 has been notified in accordance with Art. 5 in conjunction with Articles 2 and 3 of the Implementing Regulation (EU) No 680/2014 laying down technical implementing standards for the supervisory reports of the institutions pursuant to Regulation (EU) No 575/2013 of the European Parliament and of the Council, OJ L 327, 27.9.2013, No. 1, on time and correctly on 11 November 2015;
5.		the repayment complies with the conditions laid down in Z 1 and 2 as well as paragraphs 2 and 3, in the specific case at the same time the conditions laid down in Article 78 of Regulation (EU) No 575/2013 and Article 32 of the Delegated Regulation (EU) No 241/2014; otherwise, the FMA shall establish the non-existence of the conditions set out in the first half-sentence with respect to the credit institution concerned until 31 December 2015.
For the purposes of prior authorisation pursuant to this provision, any termination of business shares shall be subject to any other statutory termination reasons which result in the repayment of the business credit.

(2) The amount specified in section 1 for the prior authorisation, which shall not exceed 1 vH of the hard core capital before repayment, shall be calculated as follows: from the sum of the repayment amounts from all the announced Business shares for the 2014 financial year shall be deducted from the sum of all newly issued and paid-in business shares in the same financial year, which fulfil the conditions laid down in Articles 28 and 29 of Regulation (EU) No 575/2013. The result is to be divided by the hard core capital at the end of the financial year 2014 plus the sum of all repayment amounts from all cancellations of this fiscal year.

(3) For credit institutions whose own resources are not eligible for the initial capital amount of EUR 5 million and which, under Article 93 (2) of Regulation (EU) No 575/2013, are not allowed to fall below the maximum amount once reached, the Prior authorisation to repay announced shares under the conditions set out in paragraph 1 to the extent that:

1.		the sum of the repayment amounts, calculated in accordance with paragraph 2, of the announced business shares of the financial year 2014, the sum of the newly issued and paid-in business shares in the same financial year, which are subject to the conditions laid down in Articles 28 and 29 comply with Regulation (EU) No 575/2013, or
2.		the credit institutions shall exceed the solvency requirements referred to in paragraph 1 (1) (1) and (2) by 1 vH each. "

3. § 31 receives the sales designation "(1)" ; the following paragraph 2 shall be added:

" (2) § 1 (1) and (21a) together with the title in the version of the BGBl Regulation. II No. 415/2015 shall enter into force on 18 December 2015. "

Ettl Kumpfmüller