Amendment To The Fma Cost Regulation (Fma-Kvo Novella 2013)

Original Language Title: Änderung der FMA-Kostenverordnung (FMA-KVO-Novelle 2013)

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302. Regulation of the financial market authority (FMA), with which the FMA cost regulation is changed (FMA-KVO Novella 2013)

On the basis of



1 § 19 section 7 of the financial market Authority Act - FMABG, Federal Law Gazette I no. 97/2011, last amended by Federal Law Gazette I no. 184/2013, 2. BIRG, § 21 of the Bank intervention and restructuring Act - BGBl. I no. 160/2013 (article I), 3. § 56 para 6 of the alternative investment fund manager law - AIFMG, Federal Law Gazette I no. 135/2013 (article II), 4 § 45a para 2 of the operational staff and self-employment provisions Act - BMSVG , Federal Law Gazette I no. 100/2002, as last amended by Federal Law Gazette I no. 184/2013, 5th section 144 paragraph 2 of the Austrian investment Fund Act 2011 - InvFG 2011, Federal Law Gazette I no. 77/2011, as last amended by Federal Law Gazette I no. 184/2013, 6 § 2 par. 13 of the real estate investment Fund Act ImmoInvFG, Federal Law Gazette I no. 80/2003, as last amended by Federal Law Gazette I no. 184/2013 , and 7 § 5 para 2 of the central counterparties Enforcement Act ZGVG, Federal Law Gazette I no. 97/2012 (article I), last amended by Federal Law Gazette I no. 70/2013, is prescribed: the FMA cost regulation FMA-KVO, BGBl. II No 340/2003, as last amended by regulation BGBl. II no 275/2011, is amended as follows:

1. paragraph 1 Z 2:



"2. the sharing of the costs of the accounting group WAG 2007 3 (securities) on the fee in accordance with article 90, paragraph 1 and article 5, paragraph 1 ZGVG."

2. paragraph 1 Z 2:



"2. the sharing of the costs of the accounting group 3 (securities) on the fee in accordance with article 90, para. 1 WAG 2007, § 56 para 5 AIFMG, § 45a para 1 BMSVG, article 144, paragraph 1 InvFG 2011, § 2 para 12 ImmoInvFG and § 5 para. 1 ZGVG."

3. § 3 para 1 subpara 1 is:



"1 paid in accordance with § 69 para 1 No. 1 and 2 BWG that credit institutions in accordance with article 1 para. 1 BWG or BWG are credit institutions in accordance with article 9, paragraph 1 and performing activities in Austria over a branch and paid in accordance with § 69 para 8 BWG, the representations referred to in paragraph 2 are Z 17 BWG, and paid in accordance with article 60, paragraph 1 ZaDiG, the payment institutions referred to in § 3 No. 4 lit." ZaDiG are a ZaDiG or branch offices in accordance with § 12, and paid in accordance with article 22, paragraph 2 E-money law 2010, the E money institutions pursuant to section 3 para 2 Bspg 2010 are E-money law 2010 or branches pursuant to section 9, and paid in accordance with § 21 BIRG, the financial holding companies referred to in article 4 paragraph 1, point 20, 30 and 31 of Regulation (EU) No. 575/2013 on supervision requirements for credit institutions and investment firms and for amending the Regulation (EU) No. 648/2012 , OJ "No. L 176 of the 27.6.2013 S. 1, and 2, Z are 15 FKG;"

4. § 3 para 1 No. 3 is:



"(3. Kostenpflichtige Gemäß den in § 1 Z 2 genannten Bestimmungen, a) the business with reportable instruments pursuant to article 64 WAG 2007 have made (notifiable Institute);"

(b) their reportable instruments on a regulated market or other stock-exchange listing in accordance with § 2 BörseG approved were, but with the exception of the Confederation (issuers);

(c) the WAG 2007 a licence as an investment firm referred to in article 3, paragraph 1, or as an investment service provider in accordance with § 4 para 1 WAG 2007 have, companies to the insurance, VAG carried out by article 3, par. 3 mediation business under, management companies pursuant to § 5 para 1 InvFG 2011, pursuant to § 5 para 2 2011 have services Z 3 or 4 InvFG, and AIFM in accordance with § 4 AIFMG , the services provided pursuant to § 4 para 4 No. 1 or no. 2 lit. a or c AIFMG have provided (providers of investment services);

(d) that as central counterparty in accordance with article 2 subpara 1 of Regulation (EU) No. 648/2012, OJ No. L 201 of the 27.07.2012 p. 1, (hereinafter: EMIR) are established in the inland (central counterparty);

(e) the clearing member in accordance with article 2 Z 14 EMIR on one in lit. d participate central counterparty referred to (clearing members);

"(f) that a licence as corporate pension fund pursuant to § 18 para 1 BMSVG, as management company pursuant to § 5 para 1 InvFG 2011, as a capital investment company in accordance with article 2, paragraph 1 ImmoInvFG AIFM in accordance with § 4 para 1 have AIFMG or as AIFM in accordance with § 1 para 5 Z registered 1 AIFMG as well as in accordance with § 36 para 2 InvFG 2011 or in accordance with established § 33 AIFMG branches and non-EU AIFM in accordance with § 39 para 3 AIFMG (collective Portfolio Manager);"

5. § 6 para 1 subpara 1 is:



"(1. für den Rechnungskreis 1: a) (§ 69 para 2 BWG in conjunction with section 74, paragraph 2 BWG, b) (article 60 par. 2 ZaDiG in conjunction with § 20 para 2 ZaDiG, c) section 22 par. 2 Bspg 2010 in conjunction with § 60 para 2 ZaDiG," 6 § 6 para 1 No. 3 is:



"(3. für den Rechnungskreis 3: a) § 2 par. 2 and 3, 64, 73, 74 and 90 WAG 2007 in conjunction with § 14 para. 2 and 15, b) (§ 5 ABS. 2 ZGVG in conjunction with § 17 para 2, c) § 56 paragraph 6 AIFMG, § 45a para 2 BMSVG, section 144, paragraph 2 InvFG 2011 and § 2 par. 13 ImmoInvFG in conjunction with § 19 para 2" ", as well as" 7. In section 6, paragraph 2, the phrase is "6 month Passport Regulation, Federal Law Gazette II No. 447/2001, as last amended by Federal Law Gazette II No. 503/2002," replaced by the phrase "Ona Ordinance, BGBl. II No. 472/2006, in its up-to-date version".

8 § 7 para 3 No. 1 is:



"1. a credit institution or other paid pursuant to § 3 para 1 subpara 1 with the minimum amount pursuant to § 69 para 4 BWG," 9. In section 7, paragraph 3, the expression "section 3 Nos. 1 and 2" is appended after the quote "section 11" Z 4.

10. in section 7 para 3 Z 5 at the end of a comma is attached in no. 6 at the end of the word "and" replaced by a comma, and following Z 7 to 9 are added:



"7 a central counterparty with the minimum fee pursuant to § 11 par. 3 Z 4, 8 a clearing member with the minimum fee pursuant to § 11 par. 3 Z 5, 9 one which in section 3 para 1 No. 3 lit." f mentioned paid with the minimum fee pursuant to § 11 par. 3 Z 6 or 7 ' 11. Section 10 the point is replaced at the end of no. 3 with a semicolon and following Z 4 to 6 are added:



"4. central counterparties in accordance with § 3 para 1 No. 3 lit. d (sub controlling area 4);

5. clearing members pursuant to § 3 para 1 No. 3 lit. e (sub accounting group 5);

6 administrators of collective portfolios pursuant to § 3 para 1 No. 3 lit. "f (sub accounting group 6)."

12 paragraph 11 together with the heading:

"Minimum charge

A to write above cost, located under the specified minimum lump sum for the fee in accordance with paragraph 3 resulting in share section 11 (1) on the basis of the cost assessment prepared in accordance with the provisions of this regulation, the minimum flat fee is the fee so to prescribe.

(2) the FMA is entitled to use the regulated in § 3 minimum flat fee ever paid in annual cost-sharing. The calculated surpluses resulting from notices of payment due from minimum lump sum is to compensate so that the compensation gradually takes place within the Group of paid, where notifiable institutions referred to in section 10 are connected to a central institution Z 1, on the one hand and other reporting institutions in accordance with § 10 Z 1 respectively on the other hand are considered a group of paid.

(3) the minimum lump sum is paid for



1 notifiable Institute in accordance with § 10 Z 1 500 euro;

2. issuer in accordance with § 10 Z 2 500 euro;

3. providers of investment services in accordance with § 10 Z 3 500 euro;

4. central counterparties in accordance with §10 Z 4 1 000 euro;

5. clearing members pursuant to section 10 Z 5-500 euro;

6 administrators of collective portfolios in accordance with § 10 No. 6, as far as it not registered AIFM in accordance with § 3 para 1 No. 3 lit. f are EUR 1 000;

7 registered AIFM in accordance with § 3 para 1 No. 3 lit. f 500 euros."

13. in article 14, paragraph 2, the date "31 March" is replaced by the date "30 June".

14 § 16 para 1 last sentence reads:

"67 vH of revenues from services pursuant to § 5 para 2 are no. 3 at management companies and 4 InvFG 2011 of AIFM 67 per cent of revenues from services in accordance with § 4 para 4 No. 1 and no. 2 lit. a and c into consideration AIFMG."

15 in § 16 par. 2, the expression "No. 3" is appended after the quote "section 11 paragraph 3".

16. the present section 17 is paragraph labeled "section 20".

17. the previous section 18 is paragraph labeled "article 21".

18 § § 17 to 20 headings and item descriptions are:

"Sub account District 4 (central counterparties)

The FMA has 17 (1) the amounts on the fee in accordance with § 10 attributable Z 4 in particular, calculated according to their share of the domestic provided clearing services, to determine. The percentage is calculated based on the ratio of the total volume of all transactions in financial instruments pursuant to section 1 No. 6 WAG 2007, which the individual paid in accordance with § 10, accounted for no. 4 in the last fiscal year to the total volume of all transactions in financial instruments pursuant to section 1, no. 6 WAG 2007, which handled all paid pursuant to section 10 No. 4 in last year.

(2) the fee referred to in section 10 Z 4 the FMA have each reference data



1.

to the total volume of all transactions in financial instruments pursuant to section 1, flattened by them no. 6 WAG 2007 and 2nd to the absolute proportion Z 6 each of its clearing members, the total volume of all transactions in financial instruments pursuant to section 1, reported by you in accordance with subpara 1 WAG 2007 to transmit up to 30 June of the following year. Any foreign currency amounts are to the exchange rate, which has been valid at the time of the conclusion of the transaction, to be converted into euro.

Sub accounting group 5 (clearing members)

§ 18. The FMA has calculated the amounts on the fee in accordance with § 10 attributable Z 5 in particular, according to their share of the clearing services adopted by them as a clearing member of one or more central counterparties established in the domestic service of the total volume of the clearing services provided by these central counterparties, to determine. Here, the reference data for the relevant financial year of the FMA submitted pursuant to § 17 para 2 be based the total volume of clearing services. Article 17, paragraph 1 shall apply for the calculation of the percentage of the total volume of the clearing service provided second sentence according to.

Sub accounting group 6 (collective Portfolio Manager)

Section 19 (1) the fee pursuant to section 10 No. 6 are required to submit the reference data examined by auditors of the previous fiscal year up to June 30 of the following year the FMA.

(2) No. 6 as reference data referred to in paragraph 1 apply to paid pursuant to section 10 of corporate provision funds administrative costs withheld in and the withheld in Commission income of the AIFM, management companies and investment companies for real estate for the FMA business year in question. These revenues those revenues are not covered, by a paid pursuant to section 10 No. 6 on other paid in accordance with § 10 were routed No. 6 and to be reported by the latter as reference data in accordance with paragraph 1. Any foreign currency amounts are to the exchange rate, which has been valid at the time of collecting the administrative cost or Commission income, to convert in euro.

(3) the FMA has calculated the amounts on the fee in accordance with § 10 attributable Z 6 in particular, according to their share in the total volume of the withheld in administrative costs of corporate provision funds and the withheld in Commission income of the AIFM to determine management companies and investment real estate. The percentage is calculated according to the ratio of the total volume of all administrative costs or fee and Commission income, the individual paid in accordance with § 10 has levied Z 6 in the last fiscal year, less those proceeds, which are to report according to article 16, paragraph 1, to the total volume of all administrative costs withheld in and Commission income, which have collected all paid pursuant to section 10 No. 6 last year. Of registered AIFM only 50 per cent of withheld Commission income are taken into account.

Article III

Final provisions

References

Section 20 (1) in this regulation to the regulations of the financial market supervisory authority - FMABG (Federal Law Gazette I no. 97/2001) referenced is, is this in the version of federal law BGBl. I no 184/2013 shall apply.

(2) in this regulation to the provisions of the Banking Act - BWG (Federal Law Gazette No. 532/1993 is referenced, this is in the version of Federal Law Gazette I no 184/2013 shall apply.)

(3) in this regulation to the provisions of the payment Services Act - ZaDiG (Federal Law Gazette I no. 66/2009) referenced is, is this in the version of federal law BGBl. I no 184/2013 shall apply.

(4) in this regulation on the 2010 E-money Act (Federal Law Gazette I no. 107/2010) referenced is, is this in the version of federal law BGBl. I no 184/2013 shall apply.

(5) as far as BIRG referenced in the regulation on provisions of the Bank intervention and restructuring Act - this is amended by Federal Law Gazette I no 160/2013 (article I) shall apply.

(6) VAG in this regulation to the provisions of the insurance supervision Act - (Federal Law Gazette No. 569/1978) referenced is, is this in the version of federal law BGBl. I no 184/2013 shall apply.

(7) where in this Ordinance on provisions of the securities supervision Act 2007 - WAG 2007 (Federal Law Gazette I no. 60/2007) referenced is, is this in the version of federal law BGBl. I no 184/2013 shall apply.

(8) as far as in this regulation to the regulations of the Stock Exchange Act - Austrian Stock Exchange Act 1989 (Federal Law Gazette No. 555/1989) referenced is, is this in the version of federal law BGBl. I no 184/2013 shall apply.

(9) in this regulation to the regulations of the central counterparties Enforcement Act ZGVG (Federal Law Gazette I no. 97/2012) referenced is, is this in the version of federal law BGBl. I 70/2013 to apply Nr.

(10) as far as in this regulation to the provisions of the investment funds act 2011 - InvFG 2011 (Federal Law Gazette I no. 77/2011) referenced is, is this in the version of federal law BGBl. I no 184/2013 shall apply.

(11) as far as this regulation of alternative investment funds Manager law - AIFMG refers to provisions, this is in the version of Federal Law Gazette I no 135/2013 shall apply.

(12) as far as in this regulation to the regulations of the real estate investment Fund Act ImmoInvFG (Federal Law Gazette I no. 80/2003) referenced is, is this in the version of federal law BGBl. I no 184/2013 shall apply.

(13) in this regulation to the provisions of the operational staff and self-employment provisions Act - BMSVG (Federal Law Gazette I no. 100/2002) referenced is, is this in the version of federal law BGBl. I no 184/2013 shall apply.

(14) as far as in this regulation to the regulations of the Pension Fund Act - PKG (BGBl. No. 281/1990) referenced is, is this in the version of federal law BGBl. I no 184/2013 shall apply.

"(15) as far as in this regulation to the provisions of the financial conglomerate - FKG (Federal Law Gazette I no. 70/2004) is referenced, this is as amended by Federal Law Gazette I no 184/2013 shall apply."

19. the heading of section 21 is:

"Entry into force and transitional provisions"

20. the section 21 be attached following paragraph 8 and 9:

"(8) come into force:"



1 § 1 Z 2 as amended by the Z 1 of to Regulation BGBl. II Nr 302/2013, as well as article 3, paragraph 1 No. 3 lit. a to e, section 6, paragraph 1 No. 1 and no. 3 lit. a and b, section 6, paragraph 2, article 7, para. 3 Z 4, 7 and 8, § 10 Nos. 4 and 5, article 11, paragraph 1, 2 and 3 Z 1 to 5, § 14 para 2, § 16 para 2, § 17, § 18, section 20 and section 21 as amended the regulation BGBl. II No. 302/2013 at the end of the day of the by-laws;

2. § 1 Z 2 as amended by the No. 2 of Ordinance BGBl. II Nr 302/2013, as well as article 3, paragraph 1 No. 1 and no. 3 lit. f, § 6 para 1 No. 3 lit. c, § 7 paragraph 3 Nos. 1 and 9, § 10 Z 6, section 11 subsection 3 Nos. 6 and 7, article 16, paragraph 1 last sentence and article 19 as amended the regulation BGBl. II No. 302/2013 with 1 January 2014.

(9) by way of derogation from article 9, the following applies:



1 paid pursuant to § 3 para 1 No. 1, whose cost duty as a financial holding company located in accordance with § 21 BIRG results, are obliged to the performance of advance payments for the fiscal year 2014, if they are reported to the FMA on October 31, 2013, as a financial holding company.

2. paid pursuant to § 3 para 1 No. 3 lit. f are required to the performance of advance payments for the fiscal year 2014, when on October 31, 2013, a licence as corporate pension fund pursuant to § 18 para 1 BMSVG, as management company pursuant to § 5 para 1 InvFG 2011, as a capital investment company in accordance with article 2, paragraph 1 ImmoInvFG AIFM in accordance with § 4 para 1 have AIFMG or as AIFM in accordance with § 1 para 5 are registered Z 1 AIFMG , in accordance with § 36 para 2 InvFG 2011 or according to § 33 AIFMG established branch offices or non-EU AIFM in accordance with § 39 para 3 are AIFMG.

The advance payment for the year is 3 the fee referred to in no. 1 and no. 2 2014 at the latest until 31 March 2014 to prescribe."

Ettl Kumpf Müller