Change The Paging Ordinance, The Ordinance Of The Special Investment Provisions For Pension Funds, The Interest Konflikte-And Information For Customers Regulation, The Quartalsm...

Original Language Title: Änderung der Auslagerungsverordnung, der Verordnung über die besonderen Veranlagungsvorschriften für Pensionskassen, der Interessenkonflikte- und Informationen für Kunden-Verordnung, der Quartalsm...

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272 regulation of the financial market authority (FMA), with paging regulation, the regulation on the special investment provisions for pension funds, the interest konflikte-and information for customers regulation, the quarterly reporting regulation, the Solvv, the directory regulation and the regulation of investment be amended

Article 1

Regulation of paging

On the basis of § 26 ABS. 3 of the securities supervision Act 2007 - WAG 2007, Federal Law Gazette I no. 60, last amended by Federal Law Gazette I no. 77/2011, is prescribed:

The regulation of the financial market authority (FMA) on the outsourcing of the management of retail portfolio to service providers established in a third country (paging regulation - AusV), Federal Law Gazette II No. 215/2007, is amended as follows:

1 § 1 para 1 No. 3 is: "3. management companies pursuant to section 3 para 2 Z 1 InvFG 2011, entitled are the investment services of managing individual portfolios in accordance with § 5 ABS. 2 Z 3 InvFG 2011 to provide."

2. in article 7, paragraph 1 is based on the word order "Federal Law Gazette I no. 60" the phrase "as amended by Federal Law Gazette I no. 77/2011" inserted.

3. in article 7, paragraph 2, the phrase is "BGBl. I no 60/2007" by the phrase "Gazette I no. 77/2011" replaced.

4. in article 7, paragraph 3, the word order is "InvFG 1993 relate to the investment funds Act, Federal Law Gazette No. 532/1993 article II, in the version of Federal Law Gazette I no 60/2007" by the phrase "InvFG 2011 refers to the investment funds act 2011 - InvFG 2011, Federal Law Gazette I no. 77" replaced.

5. in article 8, is the previous text paragraph labeled (1) and the following paragraph 2 is added:

"(2) section 1 para 1 Nos. 3 and § 7 para 1 to 3 as amended the regulation Federal Law Gazette II No. 272/2011 enter into force with September 1, 2011."

Article 2

Amendment of the regulation on the special investment rules for pension funds

On the basis of § 25 paragraph 10 of the Pension Fund Act - PKG, BGBl. No. 281/1990, as last amended by Federal Law Gazette I no. 77/2011, is prescribed:

The regulation of the financial market authority (FMA) on the special investment provisions for pension funds (special investment provisions for pension funds - BVV-PK), Federal Law Gazette II No. 361/2006, is amended as follows:

1. in article 2, paragraph 4, the phrase is "Directive 85/611/EEC or the provisions of section I and IA of the Austrian investment Fund Act (InvFG 1993), Federal Law Gazette no 532/1993, as last amended by Federal Law Gazette I no. 134/2006" by the phrase "directive 2009/65/EC or the provisions of the main part 3, section 3 of the investment funds act 2011 - InvFG 2011, Federal Law Gazette I no. 77" replaced.

2. paragraph 4:

"(4) section 2 paragraph 4 as amended the regulation BGBl. II Nr 272/2011 comes into effect with September 1, 2011."

Article 3

Change of interest konflikte-and information for customers regulation

On the basis of article 35, paragraph 4 and article 41 paragraph 3 of the securities supervision Act 2007 - WAG 2007, Federal Law Gazette I no. 60, last amended by Federal Law Gazette I no. 77/2011, is prescribed:

The regulation of the financial market authority (FMA) on standards for procedures and measures to address conflicts of interest and information for customers in the provision of investment services (interest konflikte-and information for customers regulation - IIKV), Federal Law Gazette II No. 216/2007, is amended as follows:

1 § 1 para 1 No. 2 is: "2. management companies pursuant to section 3 para 2 Z 1 InvFG 2011 pursuant to § 5 para 2 Z 3 InvFG 2011;"

2. in article 7, paragraph 1 is based on the word order "Federal Law Gazette I no. 60" the phrase "as amended by Federal Law Gazette I no. 77/2011" inserted.

3. in article 7, paragraph 2, the phrase is "BGBl. I no 60/2007" by the phrase "Gazette I no. 77/2011" replaced.

4. in article 7, paragraph 3, the word order is "InvFG 1993 relate to the investment funds Act, Federal Law Gazette No. 532/1993 article II, in the version of Federal Law Gazette I no 60/2007" by the phrase "InvFG 2011 refers to the investment funds act 2011 - InvFG 2011, Federal Law Gazette I no. 77" replaced.

5. in article 8, is the previous text paragraph labeled (1) and the following paragraph 2 is added:

"(2) section 1 para 1 subpara 2 and § 7 para 1 to 3 as amended the regulation Federal Law Gazette II No. 272/2011 enter into force with September 1, 2011."

Article 4

Change the quarter reporting regulation

On the basis of § 36 para 4 of the Pension Fund Act - PKG, BGBl. No. 281/1990, as last amended by Federal Law Gazette I no. 77/2011, is prescribed:

The regulation of the financial market authority (FMA) on the outline of the quarterly financial statements in accordance with § 36 para 4 of the Pension Fund Act (quarterly reporting regulation), Federal Law Gazette II No. 382/2005, is amended as follows:

1. in article 3, paragraph 1, no. 3 is replaced the phrase "Investment Fund Act (InvFG 1993) or of Directive 85/611/EEC (UCITS)" by the phrase "Investment Fund Act 2011 or directive 2009/65/EC".

2. in article 7, is the previous text paragraph labeled (1) and the following paragraph 2 is added:

"(2) section 3 para 1 No. 3 as amended the regulation Federal Law Gazette II No. 272/2011 comes into effect with September 1, 2011."

Article 5

Change the German solvency directive

On the basis of § 21 d, paragraph 6, section 21f para 4, § 22 para 7, § 22a para 5 Z 5, § 22a para 7, § 22 (b) paragraph 10 and 11, § 22d para 5, § 22e para 5 and 6, article 22f para 2, § 22 g § 9, § 22h of paragraph 7, section 22j para 2, § 22 k para. 4 and 9, § 22l 4, § 22n para 5, § 22o section 5 and article 22 p, par. 5 of the Banking Act - BWG , BGBl. No. 532/1993, as last amended by Federal Law Gazette I no. 77/2011, is with the consent of the Federal Minister of finance prescribed:

The regulation of the financial market authority (FMA) on the solvency of credit institutions (Solvv - SolvaV), Federal Law Gazette II No. 374/2006, as last amended by regulation Federal Law Gazette II No. 335/2010, is amended as follows:

1. in article 18, paragraph 1, the phrase is "§ 20 para 3 Z 7 Investment Fund Act - InvFG 1993, BGBl. No. 532" by the phrase "section 74 para 4 investment funds act 2011 - InvFG 2011, Federal Law Gazette I no. 77" replaced.

2. in article 87, paragraph 1 Z 6 is the phrase "article 20 b InvFG" by the phrase "section 75 InvFG 2011" replaced.

The following paragraph 3 is added to § 3. 265:

"(3) section 18, paragraph 1 and article 87, paragraph 1 No. 6 as amended the regulation Federal Law Gazette II No. 272/2011 enter into force with September 1, 2011."

Article 6

Change the directory regulation

On the basis of § 79B para 1 of the insurance supervision law (UAC), Federal Law Gazette No. 569/1978, as last amended by the Federal Act Federal Law Gazette I no. 77/2011, is prescribed:

The regulation of the financial market authority (FMA) on the management of directories for the assets to cover the technical provisions by company to the insurance (Directory regulation - VerzVVU), BGBl. II No 505/2002, as last amended by regulation BGBl. II No 354/2009, is amended as follows:

1 in Z 23 of Annex D, the word order is "section 20a para 1 No. 3 of the Austrian investment Fund Act - InvFG, BGBl. No. 532/1993, as amended by Federal Law Gazette I no. 69/2008" by the phrase "article 166 par. 1 Z 3 Investment Fund Act 2011 - InvFG 2011, Federal Law Gazette I no. 77" replaced.

2. in the Z 27 of the system D is the phrase "section 20a para 1 No. 4 InvFG" by "article 166 par. 1 Z 4 InvFG 2011" replaced.

3. § 7 the following paragraph 6 is added:

"No. 272/2011 II (6) Z 23 and Z 27 of Annex D as amended the regulation BGBl. 1 September 2011 into force."

Article 7

Amendment of investment regulation

On the basis of § 78 para 3 and 79 par. 3 of the insurance supervision law (UAC), BGBl. No. 569/1978, as last amended by Federal Law Gazette I no. 77/2011, is prescribed:

The regulation of the financial market authority (FMA) on capital assets to cover the technical provisions by company to the insurance (investment regulation KAVO), Federal Law Gazette II No. 383/2002, amended by regulation BGBl. II No 149/2009, is amended as follows:

1. in section 2 para 1 No. 3 lit. a is the phrase "85/611/EEC or of sections I and IA of the Austrian investment Fund Act (InvFG 1993), Federal Law Gazette no 532/1993, as last amended by Federal Law Gazette I no. 69/2008" by the phrase "2009/65/EC or UCITS in accordance with § 2 or special funds in accordance with section 163 or funds in accordance with section 166, paragraph 1 or pension investment fund pursuant to § 168 of the investment fund law 2011 (InvFG 2011), Federal Law Gazette I no. 77" replaced.

2. in section 2 para 1 No. 3 lit. a sublit. AA is the phrase "Investment fund within the meaning of section 20a of the InvFG 1993" by the phrase "funds within the meaning of § 166 InvFG 2011" and the phrase "section 20a para 1 No. 3 InvFG 1993" by the phrase "article 166 par. 1 Z 3 InvFG 2011" replaced.

3. in section 2 para 1 No. 3 lit. a sublit. the phrase is bb "§ 21 para 3 InvFG 1993" by the phrase "§ 73 para 5 InvFG 2011" replaced.

4. in section 2 para 1 No. 3 lit. c is the phrase "Federal Law Gazette I no. 69/2008" by the phrase "BGBl. I no. 77/2011" replaced.


5. in section 2 para 1 No. 7 lit. a sublit. bb is the phrase "in the meaning of section 20a of the InvFG 1993" by the phrase "within the meaning of § 166 InvFG 2011" and the phrase "section 20a para 1 No. 3 InvFG 1993" by the phrase "article 166 par. 1 Z 3 InvFG 2011" replaced.

6. in article 2, par. 5 Z 1 is the phrase "85/611/EEC or of sections I and IA InvFG 1993" by the phrase "2009/65/EC or UCITS in accordance with § 2 or special funds in accordance with section 163 or funds in accordance with section 166, paragraph 1 or pension investment fund pursuant to § 168 InvFG 2011" replaced.

7 in section 2, para 5 Z 2 is the phrase "Federal Law Gazette I no. 69/2008" by the phrase "BGBl. I no. 77/2011" replaced.

8. in article 3, paragraph 1 Z 3 is the phrase "section 20a para 1 No. 3 and real estate investment funds in accordance with section 20a para 1 No. 4 InvFG" by the phrase "article 166 par. 1 Z 3 and real estate investment funds in accordance with section 166, paragraph 1 Z 4 InvFG 2011" and the phrase "Investment funds pursuant to section 20a para 1 of the InvFG" by the phrase "funds in accordance with section 166, paragraph 1 InvFG 2011" replaced.

9. in article 3, paragraph 1, no. 8 lit. d is the phrase "investment funds pursuant to section 20a para 1 No. 4 InvFG" by the phrase "funds in accordance with article 166 par. 1 Z 4 InvFG 2011" replaced.

10. in article 3, paragraph 1 Z 9 is the phrase "section 20a para Z 3 InvFG" by the phrase "166 par. 1 Z 3 InvFG 2011" replaced.

11. in article 3, paragraph 1, no. 13 lit. b is the phrase "Investment funds pursuant to section 20a para 1 of the InvFG" by the phrase "funds in accordance with article 166 par. 1 InvFG 2011" replaced.

12. in article 3, paragraph 1 Z 14 is the phrase "§ 20 paragraph 3a of the InvFG 1993" by the phrase "section 74 paragraph 7 InvFG 2011" replaced.

13. in section 3c para 1 is the phrase "Gazette I no. 22/2009" by the phrase "BGBl. I no. 77/2011" replaced.

14 in § 3c para 2 is the phrase "Federal Law Gazette I no." 27/2009"by the phrase" BGBl. I no. 41/2011 "replaced."

15 in § 3c paragraph 3 is the phrase "Federal Law Gazette I no. 70/2008" by the phrase "BGBl. I no. 111/2010" replaced.

16. in section 3c para 4 is the phrase "Investment Fund Act (InvFG 1993) referenced, this is, if nothing else determined in the regulation is, in the version of Federal Law Gazette I no. 69/2008" by the phrase "Investment Fund Act 2011 (InvFG 2011) referenced, this is, if nothing else determined in the regulation is, in the version of Federal Law Gazette I no. 77/2011" replaced.

17 the following paragraph 3 is added to § the 10:

"(3) section 2 para 1 No. 3 lit. a 1st half-sentence, section 2 para 1 No. 3 lit. a sublit. AA and sublit. BB, § 2 para 1 No. 3 lit. c, section 2 para 1 No. 7 lit. a sublit. BB, § 2 para 5 No. 1 and 2, article 3, paragraph 1 Z 3 Z 8 lit. d and Z 9, § 3 para 1 No. 13 lit. "b, Nos. 14 and § 3 c para 1 to 4 as amended the regulation Federal Law Gazette II No. 272/2011 enter into force with September 1, 2011."

Ettl Pribil