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 ...

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119. Federal Law, with which the Stock Exchange Act 1989, the Banking Act and the Securities and Markets Act 2007 for the purposes of Regulation (EU) No 1031/2010 on the timing and administrative procedures and other aspects of the auctioning of Greenhouse gas emission allowances as defined in Directive 2003 /87/EC on a scheme for greenhouse gas emission allowance trading within the Community

The National Council has decided:

table of contents

Article 1-Revision of the 1989 Stock Exchange Act

Article 2-Amendment of the Banking Act

Article 3-Revision of the Securities and Markets Act 2007

Article 1

Amendment of the 1989 Stock Exchange Act

The Stock Exchange Act 1989, BGBl. N ° 555/1989, as last amended by the Federal Law BGBl. I No 83/2012, will be amended as follows:

1. In § 25a (3), third sentence, the word order shall be "§ 48a of this Federal Act or of an infringement of § 2 Z 4 WAG" through the phrase "§ 48b or § 48c" replaced.

2. § 48a (1) (1) (1) is lit. d is added:

" (d)

In relation to two-day spots for emission allowances, "inside information" means accurate information which is not publicly known and which directly or indirectly includes one or more five-day futures on emission allowances or two-day spots. Emission certificates and, if it were made public, would be likely to affect the bids within the meaning of Article 3 (5) of Regulation (EU) No 1031/2010; for persons charged with carrying out bids, it would be appropriate to: "inside information" shall also include information communicated by a customer and which is communicated to: refers to open bids of the customer, which is accurate, which directly or indirectly affects one or more auction objects and which, if it were made public, would be likely to have a significant effect on the price range. "

3. § 48a (1) (2) is followed by the following lit. d is added:

" (d)

In relation to two-day spots on emission allowances, market manipulation is:

aa)

Bids, deals, or purchases-or sales orders on the secondary market within the meaning of Article 3 Z 11 of Regulation (EU) No 1031/2010, which signals false or misleading signals for the demand for five-day futures on emission allowances or two-day spots for emission allowances, or for the price of which the price of a five-day future for emission allowances or a two-day spot on emission allowances shall be subject to an auction clearing price in respect of emission allowances or by a person or a number of persons acting in consultation with the person or persons acting in agreement with the anormal or artificial height is obtained unless the person who has the bid , or which has concluded the transaction on the secondary market or issued the order for purchase or sale, it shall indicate that it had legitimate reasons for doing so;

bb)

Bids in the form of false facts or using other forms of art or other forms of deception;

cc)

Dissemination of information on the media, including the Internet, or on other ways that give or give false or misleading signals regarding five-day futures on emission allowances or two-day spots on emission allowances may, inter alia, by disseminating rumours and false or misleading news, if the person who disseminated this information knew or should have known that they were false or misleading. In the case of journalists acting in the course of their profession, such dissemination of information shall be assessed in the light of the rules applicable to their profession, unless those persons are involved in the dissemination of the information in question. Gain information directly or indirectly, or gain profits.

Article 37, last subparagraph, of Regulation (EU) No 1031/2010 must be observed. '

4. § 48a (1) Z 3 lit. i is:

" (i)

Two-day spots within the meaning of Article 3 Z 3 of Regulation (EU) No 1031/2010 (two-day spots on emission allowances), "

5. § 48a (1) Z 3 shall be the following. j is added:

" j)

all other instruments which are admitted to trading on a regulated market in a Member State or for which an application for admission to trading on such a market has been made; in particular, five-day futures within the meaning of Art. 3 4 of Regulation (EU) No 1031/2010 (five-day futures for emission allowances). "

6. § 48b (1) Z 1 reads:

" 1.

of any of the financial instruments concerned, whether or not selling, selling or offering to a third party for purchase or sale; or

7. In § 48b (1) the following Z 1a is inserted:

" 1a.

for one of the utilization of inside information within the meaning of section 48a (1) (1) (1) (1) lit. d affected two-day spot on emission allowances shall cease, amend or withdraw a bid within the meaning of Article 3 (5) of Regulation (EU) No 1031/2010 or recommend such behaviour to a third party, or "

8. In § 48b (4), first sentence, the point at the end shall be replaced by a line-point and the following half-sentence shall be added:

" In relation to two-day spots for emission allowances, insiders are also who as a member of an administrative, management or supervisory body of a auction platform ordered under Chapter VII or Chapter VIII of Regulation (EU) No 1031/2010, of a Auctionators within the meaning of Article 3 Z 20 of Regulation (EU) No 1031/2010 or of the auction supervision appointed in accordance with Chapter VI of Regulation (EU) No 1031/2010, or through its participation in the capital of the auction platform, the auctioneer or the auctioneer auctioning supervision, or by virtue of the fact that he or she is responsible for his work, his profession or his/her profession "shall have access to the information in question."

9. § 48b (4) third sentence reads:

" If this is a legal person, those natural persons are insiders who are involved in the decision to carry out the business for the account of the legal person or the bid for a two-day spot on emission allowances to cease, alter or withdraw on account of the legal person. '

10. § 48i (5) reads:

"(5) The provisions of the Code of Criminal Procedure (StPO) shall apply in the case of the official acts of the FMA, which it carries out in the service of criminal justice in accordance with paragraph 1."

11. § 48r (1) is:

" (1) The FMA shall cooperate with the competent authorities of the other Member States where this is in order to carry out the tasks of the competent authorities in accordance with the Directives (EC) No 2003/6, 2003/124, 2003/125 and 2004/72, in accordance with the Regulations (EC) No 2273/2003 and No 1031/2010, or in accordance with § § 48a to 48q. FMA has to provide mutual assistance to the competent authorities of the other Member States and may, for its part, benefit from mutual assistance. The FMA and the competent authorities of the other Member States shall exchange information and cooperate in investigations. "

(12) The following paragraph 3 is added to § 101a:

" (3) Where reference is made in this Federal Act to Regulation (EU) No 1031/2010, unless otherwise arranged, the version of Regulation (EU) No 1210/2011 amending Regulation (EU) No 1031/2010 is, in particular, the definition of of the amount of greenhouse gas emission allowances to be increased before 2013 (OJ L 327, 28.4.2013 No. OJ L 308 of 24.11.2011, p.2).

13. The following paragraph 36 is added to § 102:

" (36) § 25a (3), third sentence, § 48a (1) Z 1 lit. d, § 48a (1) Z 2 lit. d, § 48a para. 1 Z 3 lit. i and lit. j, § 48b (1), (1) and (1a), § 48b (4), § 48i (5), § 48r (1), § 101a (3), as amended by the Federal Law BGBl. I n ° 119/2012 will enter into force on 1 January 2013. "

Article 2

Amendment of the Banking Act

The Banking Act, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. In § 21 (1) Z 8 the point at the end is replaced by a stroke point and the following Z 9 is added:

" 9.

for each extension of the business object by credit institutions authorised in Austria within the meaning of Article 4 (1) of Directive 2006 /48/EC, in order to establish the activities of the cessation of bids within the meaning of Article 3 (5) of Regulation (EU) No 1031/2010 in the Names of customers. "

(2) The following paragraph 7 is added to § 21:

"(7) In the case of the granting and withdrawal of authorisations pursuant to paragraph 1 Z 9, the FMA shall apply the provisions in accordance with Article 59 of Regulation (EU) No 1031/2010."

3. § 77 (4) Z 1 reads:

" 1.

concessions and authorisations, as well as the circumstances necessary for their granting and withdrawal; "

(4) The following paragraph 8 is added to § 105:

" (8) Where reference is made in this Federal Act to Regulation (EU) No 1031/2010, unless otherwise arranged, the version of Regulation (EU) No 1210/2011 amending Regulation (EU) No 1031/2010 is, in particular, the definition of of the amount of greenhouse gas emission allowances to be increased before 2013 (OJ L 327, 28.4.2013 No. OJ L 308 of 24.11.2011, p.2).

(5) The following paragraph 76 is added to § 107:

" (76) § 21 (1) Z 8 and Z 9, § 21 (7), § 77 (4) (1) (1), § 105 (8), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 119/2012 will enter into force on 1 January 2013. "

Article 3

Amendment of the Securities and Markets Act 2007

The Securities and Markets Act 2007, BGBl. I n ° 60/2007, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. The following Z 34 shall be added to § 1:

" 34.

Natural and legal person: natural and legal persons, including full-rights partnerships (open companies and limited partnerships). "

2. § 24 para. 3 Z 2 reads:

" 2.

Personal transactions with UCITS within the meaning of Article 2 (1) of the InvFG in 2011 or in units of collective investment undertakings which, according to the legislation of a Member State, require the same high level of risk-spreading for their installations, the supervision, if the relevant person or any other person on whose behalf the transactions are carried out is not involved in the administration of that organism. "

(3) The following paragraph 1a is inserted in Article 91:

"(1a) FMA has to monitor compliance with the provisions of Regulation (EU) No 1031/2010 by credit institutions in accordance with Article 1, Section 1 of the Federal Elections Act."

4. In § 91 (2), the following Z 2a is inserted:

" 2a.

to ensure compliance with the provisions laid down in Article 59 of Regulation (EU) No 1031/2010 with a view to the cessation of bids within the meaning of Article 3 (5) of Regulation (EU) No 1031/2010; "

5. In § 91 (4) the following Z 5a is inserted:

" 5a.

Compliance with the provisions of Regulation (EU) No 1031/2010; "

6. The following sentence is added to section 92 (8):

"In violation of a legal entity mentioned in § 91 (1a) of this Federal Act or of Regulation (EU) No 1031/2010, the FMA shall take the measures referred to in § 70 (4) (4) (1) to (Z) 3 of the Federal Elections Act in relation to this legal entity."

Section 95 (2) reads as follows:

" (2) Those who are responsible (§ 9 VStG) of a legal entity

1.

is in breach of an obligation pursuant to Sections 14, 28 to 59, 61 to 63, 73 or 74 or in violation of an obligation pursuant to a Regulation of the FMA issued pursuant to § § 29 (4), (4), (4), (4), (3) or 55 (2) of the FMA;

2.

is in breach of an obligation pursuant to Sections 9 to 11, 13, 16 to 22, 24 to 26 or 67 to 71 or violates an obligation pursuant to a Regulation of the FMA issued pursuant to § § 26 (3), 68 (3) or 68 (4);

3.

is in breach of an obligation pursuant to Article 59 (2) or (3) of Regulation (EU) No 1031/2010 or not the necessary procedures and controls pursuant to Article 59 (5) (3). (b) of Regulation (EC) No 1031/2010,

In respect of Z 1 and Z 3, it is punishable by a fine of up to EUR 100 000 and, with regard to Z 2, a fine of up to EUR 60 000. "

(8) The following paragraph 5 is added to § 104:

" (5) Where reference is made in this Federal Act to Regulation (EU) No 1031/2010, unless otherwise arranged, the version of Regulation (EU) No 1210/2011 amending Regulation (EU) No 1031/2010 is, in particular, the definition of of the amount of greenhouse gas emission allowances to be increased before 2013 (OJ L 327, 28.4.2013 No. OJ L 308 of 24.11.2011, p.2).

9. The following paragraph 15 is added to § 108:

" (15) § 1 Z 34, § 24 (3) Z 2, § 91 (1a), § 91 (2) (2) (2a), § 91 (4) (5) (5a), § 92 (8) sentence 3, § 95 (2) and § 104 (5) in the version of the Federal Law BGBl. I n ° 119/2012 will enter into force on 1 January 2013. "

Fischer

Faymann