87. Regulation of the Federal Minister for Economic Affairs, Family and Youth on the conditions for access to the regulated trade in industrial property advisory services (Commercial Property Adviser)

On the basis of § 18 (1) of the Commercial Code 1994, BGBl. No. 194/1994, as last amended by the Federal Law BGBl. I No 144/2011 and in the version of the BGBl demonstration. I n ° 6/2012, shall be arranged:

Access requirements

§ 1. (1) The supporting documents cited below shall be deemed to be fulfilled by the professional qualification for the entry into force of the full business of the commercial wealth advisory service (§ 94 Z 75 GewO 1994):

1.		Certificates of successfully completed aptitude test, or
2.		Certificates of
a)			the successful completion of a subject-related economic studies, a subject-specific, at least four-semester university degree course or a subject-specific, at least four-semester course of studies University course or a subject-specific, at least four-semester course of university character (at least 75 ECTS) and
b)			an at least one-year professional activity in the commercial sector or in any other undertaking in which the applicant has been entrusted with the relevant professional activities.

(2) As a technically relevant training within the meaning of paragraph 1 Z 2 lit. a is an education, which includes courses in the areas of investment, financing and life and accident insurance. As professional activities within the meaning of paragraph 1 Z 2 lit. (b) the relevant advisory and mediation activities in the commercial sector, or relevant advice and mediation activities in other undertakings, in particular in credit undertakings or the securities supervisory law; to consider investment firms and investment services firms. The relevant activity must include experience in the fields of investment, finance and life and accident insurance, and must be carried out on a full-time scale, or shall be extended in part-time activities on a pro rata basis.

§ 2. (1) The supporting documents cited below are to be considered as fulfilling the professional qualification for the entry of the commercial investment advisory business (§ 94 Z 75 GewO 1994), which is restricted to the staff and mortgage lending service:

1.		Certificates of successfully completed restricted competence test; or
2.		Certificates of
a)			the successful completion of a subject-related economic studies, a subject-specific, at least four-semester university degree course or a subject-specific, at least four-semester course of studies University course or a subject-specific, at least four-semester course of university character (at least 75 ECTS) and
b)			an at least one-year professional activity in the commercial sector or in any other undertaking in which the applicant has been entrusted with the relevant professional activities.

(2) As a technically relevant training within the meaning of paragraph 1 Z 2 lit. a is an education, which includes courses in the area of financing. As professional activities within the meaning of paragraph 1 Z 2 lit. (b) the relevant advisory and brokering activities in the restricted commercial sector, or relevant advice and mediation activities in other undertakings, in particular in credit undertakings. The relevant activity must include experience in the field of financing and must be carried out in full-time or full-time shall be extended in part-time activities on a pro rata basis.

Transitional provisions

§ 2. (1) This Regulation shall enter into force at the end of the day of its operation. With the entry into force of this Regulation, the Regulation BGBl. II No 95/2003.

(2) certificates of the successful examination according to § 1 (1) (1) (3) of the BGBl Regulation. II No. 284/1999 as well as testimonies concerning the successful examination pursuant to § 1 (1) (1) (1) of the BGBl Regulation. II No 95/2003 shall be deemed to be evidence of the successfully completed qualification test in accordance with Article 1 (1) (1) (1) (1) of this Regulation.

(3) certificates of a successfully completed aptitude test in accordance with § 2 of the BGBl Regulation. No. 100/1978, certificates of a successfully completed examination in accordance with § § 3, 6 and 7 of the BGBl Regulation. II No 284/1999 as well as certificates concerning the successfully completed examination in accordance with Article 2 (1) of the BGBl Regulation. II No 95/2003, as certificates for the commercial investment advisory industry, are limited to the provision of personal credit.

(4) certificates of a successfully completed qualification test in accordance with § 2 of the BGBl Regulation. No. 368/1978, certificates of a successfully completed examination in accordance with § § 8 and 9 of the BGBl Regulation. II No. 284/1999 as well as certificates of the successfully completed examination pursuant to § 2 para. 2 of the BGBl Regulation. II No 95/2003, as evidence of commercial investment advice, is limited to the provision of mortgage credit and investment advice.

(5) The successful visit of the Hochschule für Welthandel in Vienna according to the study and examination regulations, BGBl. No. 318/1930, is the successful conclusion of the corresponding one in § 1 Z 2 lit. a mentioned field of study.

Mitterlehner