Change Of The Stock Exchange Act 1989, The Banking Act And The Securities Supervision Act 2007 For The Purposes Of Regulation (Eu) No. 1031 / 2010 Of The Temporal And Administrative Process And...

Original Language Title: Änderung des Börsegesetzes 1989, des Bankwesengesetzes und des Wertpapieraufsichtsgesetzes 2007 für die Zwecke der Verordnung (EU) Nr. 1031/2010 über den zeitlichen und administrativen Ablauf und ...

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996859/nderung-des-brsegesetzes-1989%252c-des-bankwesengesetzes-und-des-wertpapieraufsichtsgesetzes-2007-fr-die-zwecke-der-verordnung-%2528eu%2529-nr.-1031-2010-be.html

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119. Federal law, with the Stock Exchange Act 1989, the Banking Act and the securities supervision Act 2007 for the purposes of Regulation (EU) no 1031/2010 about the temporal and administrative process and other aspects of the auctioning of greenhouse gas emission allowance trading in accordance with Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading be amended in the community

The National Council has decided:



Table of contents

Article 1 - amendments of the Stock Exchange Act 1989



Article 2 - amendment of the Banking Act



Article 3 - change of the securities supervision Act 2007 article 1

Amendment to the Stock Exchange Act 1989

The Stock Exchange Act 1989, BGBl. No. 555/1989, as last amended by Federal Law Gazette I no. 83/2012, is amended as follows:

1. in section 25a paragraph 3, third sentence is the word sequence "§ 48a of this Federal Act or a violation of § 2 No. 4 WAG" by the phrase "§ 48B or section 48 c" replaced.

2. section 48a para 1 No. 1 is following lit. d added: "d) on two-day spots on emission allowances"Insider Information"is not publicly known accurate information that affects directly or indirectly one or more five-day futures on emission certificates or two-day spots on emission allowances and that, if she would publicly known, suitable would be, the commandments within the meaning of article 3 Z 5 of the Regulation (EU) 1031/2010 to affect no.;" for persons who are entrusted with the execution of bids, "Inside information" means information, which relates to outstanding bids of the customers, which is precisely, affecting directly or indirectly one or more auction objects and which, if she were publicly known, would significantly affect the price bid by a customer has been communicated."

3. section 48a para 1 No. 2 is following lit. d added: "d) (in two-day spots on emissions certificates market manipulation are: aa) bids, local businesses or purchase or sales orders on the secondary market within the meaning of article 3 Z 11 of the Regulation (EU) no 1031/2010, which could give false or misleading signals to the demand after five-day futures on emission certificates or two-day spots on emission certificates or for their price or give or persons acting through a person or more in agreement will cause" , that for a five-day future emission certificates or a two-day spot on emission allowances an auction clearing price in abnormal or artificial level is achieved, unless unless the person who provided the bid or has completed the business or granted the purchase or sale order on the secondary market, indicating that she had legitimate reasons for this;

BB) bids under pretenses or use other tricks or forms of deception;

CC) dissemination of information through the media including the Internet or otherwise, that could give false or misleading signals about five days futures on emission certificates or two-day spots on emission allowances, or give, must, inter alia through the dissemination of rumours and false or misleading news, if the knew the person who disseminated this information, or would know that they were false or misleading. Journalists, acting in the exercise of their profession, is such a dissemination of information, taking into account the rules governing their profession to assess, except that these individuals from the dissemination of that information directly or indirectly benefit or advantage profits.

Article to note 37 subparagraph which regulation (EU) No. 1031/2010 is last."

4. § 48a para 1 No. 3 lit. i is: "(i) two-day - spots within the meaning of article 3 Z 3 of the Regulation (EU) No. 1031/2010 (two-day spots on emission allowances)," 5 section 48a para 1 No. 3 is following lit. j added: "j) all other instruments which are admitted to trading on a regulated market in a Member State or for which an application was made to trading on such a market" "in particular five-day futures within the meaning of article 3 Z 4 of the Regulation (EU) No. 1031/2010 (five-day futures on emission allowances)."

6 § 48B para. 1 No. 1 is: "1 it buys affected financial instruments, sold or offered by a third party to purchase or sell, we recommend or" 7. In § 48 b paragraph 1 following Z 1a is inserted: '1a.
for a by the use of inside information within the meaning of section 48a para 1 subpara 1 lit. "d affected two day spot on emission allowances a bid within the meaning of article 1031/2010 set 3 Z 5 of the Regulation (EU) No., changes or withdraws such behavior is recommended a third party or" 8. § 48 b paragraph 4, first sentence, the point replaced with a semicolon at the end, and added the following phrase:

"in two-day spots on emission allowances is also insider, who as a member of the administrative, management or supervisory body one chapter VII or VIII of Regulation (EU) No. of 1031/2010 ordered auction platform, an auctioneer in the meaning of article 3 Z 20 of the Regulation (EU) no 1031/2010 or the after chapter VI of Regulation (EU) No. 1031/2010 ordered auction supervision, or through its participation in the capital of the auction platform" ", the auctioneer or the supervision of the auction, or that he has access to relevant information on the basis of his work, his profession or his duties."

9 § 48B para 4 third set is as follows:

"It is a legal person, those natural persons are Insider involved in the decision to do the business for the account of the legal person or to adjust the bid on a two-day spot on emission allowances on behalf of the legal person, change or withdraw."

10 § 48i paragraph 5 reads:

"(5) in the case of the official acts of the FMA, which makes them in accordance with paragraph 1 in the service of criminal justice, apply the provisions of the code of criminal procedure (StPO)."

11 § 48r paragraph 1 reads:

"(1), the FMA is to cooperate with the competent authorities of the other Member States, if this is the fulfilment of the tasks of the competent authorities in accordance with the regulations (EC) n ° 2003 / 6, 2003/124, 2003/125 and 2004/72, in accordance with regulations (EC) No. 2273 / 2003 and no. 1031 / 2010 or in accordance with Article 48a is required until 48q." The FMA has to afford mutual assistance the competent authorities of the other Member States and in turn can take assistance in claims. The FMA and the competent authorities of the other Member States to exchange information and cooperate in investigations."

12 the following paragraph 3 is added to § the 101a:

"(3) as far as this federal law No. 1031/2010 referenced on the Regulation (EU) No. 1210/2011 for amending the Regulation (EU) is, unless otherwise arranged, the version of Regulation (EU) No. 1031/2010 in particular for determining the amount to be auctioned from 2013 for greenhouse gas emission allowances (OJ (Nr. L 308 vondem 24.11.2011, S.2) to apply. "

13 36 the following paragraph is added to article the 102:

"(36) § 25a para 3 third sentence, section 48a para 1 subpara 1 lit. d, § 48a para 1 subpara 2 lit. d, section 48a para 1 No. 3 lit. i and lit. "j, § 48B para. 1 No. 1 and 1a, § 48B para 4, § 48i para 5, § 48r para 1, § 101a para 3 as amended by Federal Law Gazette I no. 119/2012 with 1 January 2013 into force."

Article 2

Amendment of the Banking Act

The Banking Act, Federal Law Gazette No. 532/1993, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. in article 21, paragraph 1 Z 8 is the point replaced with a semicolon at the end and following Z 9 added: "9 for each extension of the business item by credit institutions authorised in Austria in accordance with article 4 point 1 of Directive 2006/48/EC to the activity of setting bids within the meaning of article 3 Z 5 of the Regulation (EU) no 1031/2010 in the names of customers."

2 the following paragraph 7 is added to in article 21:

"(7) in the case of the grant of and the withdrawal of authorisations referred to in paragraph 1 Z 9 has the FMA the provisions in accordance with article 59 of Regulation (EU) 1031/2010 no shall apply."

3. § 77 para 4 No. 1 is: "1. concessions and permits as well as the conditions necessary for their issue and redemption;"

The following paragraph 8 is added to § 4. 105:

"(8) as far as this federal law No. 1031/2010 referenced on the Regulation (EU) No. 1210/2011 for amending the Regulation (EU) is, unless otherwise arranged, the version of Regulation (EU) No. 1031/2010 in particular for determining the amount to be auctioned from 2013 for greenhouse gas emission allowances (OJ (Nr. L 308 vondem 24.11.2011, S.2) to apply. "

5 76 the following paragraph is added to article the 107:

"(76) article 21, paragraph 1 Z-8 and Z 9, § 21 paragraph 7, article 77, par. 4 Z 1, § 105 para 8 in the version of Federal Law Gazette I no. 119/2012 with 1 January 2013 into force."

Article 3

Amendment of the securities supervision Act 2007

The 2007 securities supervision Act, Federal Law Gazette I no. 60/2007, amended by the Federal Act Federal Law Gazette I no. 35/2012, is amended as follows:

1. in article 1, following Z 34 is attached: "34. natural and legal person: natural and legal persons, including full legal partnerships (open societies and limited partnerships)."


2. § 24 para 3 No. 2 is: "2. 2011 or shares in undertakings for collective investment, according to the legislation of a Member State, for whose investment an equal high level of diversification imposes personal business with UCITS within the meaning of § 2 para 1 InvFG, are subject to the supervision, if the relevant person or any other person for whose account the transactions are effected "that is not involved in the management of this body."

3. in paragraph 91, the following paragraph 1a is inserted:

"(1a) that FMA has compliance with the provisions of the Regulation (EU) No. 1031/2010 by credit institutions in accordance with to monitor article 1 para. 1 BWG."

4. in section 91, paragraph 2 which is inserted following Z 2a: '2a.
"to regard the setting of bids within the meaning of article 3 Z 5 of the Regulation (EU) No. 1031/2010 No. 1031/2010 to ensure respect for the provisions of article 59 of Regulation (EU);"

5. in section 91 paragraph 4 following Z 5a is inserted: '5a.
"Compliance with the provisions of Regulation (EU) no 1031/2010;"

6 the following sentence is added to in section 92 subsection 8:

"Injured a section 91 paragraph 1a is named legal entity provisions of this Federal Act or regulation (EU) No. 1031/2010, so has the FMA in section 70 para 4 BWG 3 measures in relation to these entities to Z 1-Z."

7 paragraph 95 paragraph 2:

"(2) who was responsible (§ 9 VStG) violates a legal entity 1 against an obligation in accordance with §§ 14, 28 to 59, 61 to 63, 73 or 74 or 35 par. of 4, 41 paragraph of 3 or 55 para 2 adopted regulation of the FMA violates an obligation according to one on the basis of §§ 29 para 4;"

2 24 to 26 or 67 to 71 is against an obligation under articles 9 to 11, 13, 16 to 22, or violates an obligation according to one on the basis of § 26 ABS. 3, 68 paragraph 3 or 68 adopted regulation of the FMA para 4;

3. an obligation pursuant to article 59 paragraph 2 or paragraph 3 of Regulation (EU) 1031/2010 violates no. or not the necessary procedures and checks referred to in article 59 paragraph 5 lit. "established b of Regulation (EC) no 1031/2010, commits an administrative offence and is up to 100 000 euro in terms of no. 1 and the No. 3 with fine and with respect to the Z 2 with fine up to 60 000 euro to punish."

8 the following paragraph 5 is added to § the 104:

"(5) as far as this federal law No. 1031/2010 referenced on the Regulation (EU) No. 1210/2011 for amending the Regulation (EU) is, unless otherwise arranged, the version of Regulation (EU) No. 1031/2010 in particular for determining the amount to be auctioned from 2013 for greenhouse gas emission allowances (OJ (Nr. L 308 vondem 24.11.2011, S.2) to apply. "



9 15 the following paragraph is added to section the 108:

"(15) § 1 Z 34, § 24 para 3 No. 2, section 91 paragraph 1a, section 91 paragraph 2 Z 2a, section 91 paragraph 4 Z 5a, section 92, subsection 8, sentence 3, § 95 para. 2 and § 104 paragraph 5 as amended by Federal Law Gazette I no. 119/2012 with 1 January 2013 into force."

Fischer

Faymann