415th regulation of the financial market authority (FMA), the CRR accompanying regulation modifies the (1st CRR BV Amendment)
On the basis of § 21B para. 1 of the law on banking - Banking Act, Federal Law Gazette No. 532/1993, as last amended by Federal Law Gazette I no. 117/2015, is prescribed:
The CRR accompanying regulation, Federal Law Gazette II No. 425/2013, is amended as follows:
1. in article 1, paragraph 1 "OJ is after the site "No. L 176 of the 27.06.2013 p. 1," the phrase "amended by delegated Regulation (EU) No. 2015/62, OJ" "No. L 11 of the 17.01.2015 p. 37," added.
2. According to article 21, the following § 21a and heading shall be inserted:
"Prior authorisation for the reimbursement of business assets on the basis of announced shares of cooperative
§ 21a. (1) credit institutions in accordance with section 1, paragraph 1, of the law on banking - Banking Act, Federal Law Gazette No. 532/1993, as amended by Federal Law Gazette I no. 117/2015, in the form of a registered cooperative, in accordance with article 6 paragraph 4, subpara. 1 and section 6 of the Regulation (EU) No. of 1024/2013 to transfer special tasks relating to the prudential supervision of credit institutions on the European Central Bank, OJ No. L 287 of the 29.10.2013 p. 63, are not the direct supervision by the European Central Bank, is no. 575/2013 of the European Parliament and of the Council with regard to technical standards for the own funds requirements for institutions for the year 2016 as a result of articles 77 and 78 of the Regulation (EU) No. 575/2013 in combination with article 32 of the delegated Regulation (EU) No. 241/2014 to supplement the Regulation (EU) , OJ No. L 74 of the 14.03.2014 p. 8, as last amended by the delegated Regulation (EU) No. 2015/923, OJ No. L 150 of the 17.06.2015 S. 1, advance approval for repayment of business credit as a result of from 1 January 2014 were cancellations of business interests, which as a post of the hard core capital within the meaning of article 26 paragraph 1 lit. a or article 484 (3) of Regulation (EU) no 575/2013 apply, up to 1 vH of qualifying before the repayment hard core capital granted, provided that all the following conditions are met:
1. the hard core capital ratio in accordance with article 92 par. 1 lit. of Regulation (EU) No. 575/2013 is after the repayment of at least 7 per cent;
2. the total capital ratio in accordance with article 92 par. 1 lit. c of the Regulation (EU) No. 575/2013 is after the repayment of at least 10.5 per cent;
3. the audited financial statements 2014 with a report about the State of the shares pursuant to § 22 of the co-operative Act - GenG, RGBl. timely and complete delivered no. 70/1873, in the version of Federal Law Gazette I no. 112/2015, was the FMA within the period of § 44 para 1 BWG;
4. the notification referred to in article 99 of Regulation (EU) No. 575/2013 at September 30 was in accordance with article 5 in conjunction with article 2 and 3 of the implementing Regulation (EU) No. 680/2014 laying down technical implementing standards for supervisory messages of the institutions referred to in the Regulation (EU) No. 575 / 2013 of the European Parliament and of the Council OJ No. L 191 of the 28.06.2014 on time and correctly given S. 1, 11 November 2015;
5. the repayment qualifies occurrence of the conditions referred to in Nos. 1 and 2, and para. 2 and 3, in the specific case at the same time in accordance with article 78 of the Regulation (EU) no 575/2013 and article 32 of the delegated Regulation (EU) No. 241/2014; otherwise, the FMA noted the absence of the conditions referred to in the first half-sentence against the relevant credit institution until 31 December 2015.
Cancellation of shares are for the purpose of prior authorisation is received pursuant to this provision other statutory grounds for termination, which have the repayment of business assets resulted.
(2) under paragraph 1 for the prior authorisation is fixed amount may not exceed 1 vH of qualifying before the repayment hard core capital, be calculated as follows: the sum of the redemption amounts from all announced shares of the fiscal year 2014 is the sum of all in the same business year newly issued and paid-up shares, fulfilling the conditions referred to in articles 28 and 29 of the Regulation (EU) No. 575/2013 , withdrawn. The result is to divide all layoffs this year plus the sum of all redemption amounts from 2014 by hard core capital at the end of the fiscal year.
(3) for credit institutions, whose own funds do not reach the amount required as initial capital of five million euros, and in accordance with article 93 para. 2 of the Regulation (EU) No. 575/2013 not see the once reached maximum amount may fall, the prior authorisation to repay of announced shares under the conditions of paragraph 1 to the extent granted, as
1 calculated sum of the redemption amounts of announced shares of the business year in accordance with paragraph 2 2014 the sum of newly issued in the same fiscal year and paid shares, which comply with the conditions in accordance with articles 28 and 29 of the Regulation (EU) No. 575/2013, does not exceed or credit institutions that solvency requirements according to para 1 Nos. 1 and 2 for each 1 per cent exceed 2.."
3. § 31 receives the sales designation (1); the following paragraph 2 is added:
"(2) article 1, paragraph 1 and § 21a and heading in the version of regulation BGBl. II Nr 415/2015 apply with 18 December 2015."
Ettl Kumpf Müller