Change Of Information - And Equivalence Determination Regulation

Original Language Title: Änderung der Informationen- und Gleichwertigkeitsfestlegungsverordnung

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268. Regulation of the financial market authority (FMA), which modifies the information - and equivalence determination regulation

On the basis of § 70 para 5 Nos. 1 and 2 as well as article 71 par. 3 of the Austrian investment Fund Act - InvFG 2011, Federal Law Gazette I no. 77, is prescribed:

The regulation of the financial market authority (FMA) for determining the appropriate information, as well as the criteria for assessing the equivalence of prudential regulation and the level of protection of the share holders of investment provisions (information - and equivalence determination regulation - IG-FestV), Federal Law Gazette II No. 168/2008, is amended as follows:

Article 1, paragraph 1 reads:

"(1) in the case of money market instruments pursuant to section 70 para 4 Z 2 and 4 InvFG 2011, as well as in the case of money market instruments, which by a regional or local authority of a Member State or by a public international body come to pass, but not by one Member State still, provided that it is a federal State, by one Member State of the Federation be guaranteed, include InvFG in section 70 para 4 2011"appropriate information"1. information on the emissions and the emissions program, as well as about the legal and" financial situation of the issuer prior to the issue of the money market instrument;

2. updates of the information referred to in subpara 1 in at least annual, regular intervals and significant events;

3. a review of the information referred to in subpara 1 by appropriately qualified and independent of instructions of the issuer third parties, which are specialized on the review of legal or economic documentation and have professional integrity;

4. available and reliable statistics on emissions and the emissions program."

2. in article 1, paragraph 2, the phrase is "§ 20 para 3 No. 9 lit. c InvFG 1993 "by the phrase" section 70 para 4 Z 3 InvFG 2011 "and the phrase" § 20 para 3 Z 9 InvFG 1993 "by the phrase" section 70 para 4 InvFG 2011 "replaced.

3. in article 1, paragraph 3, the phrase is "§ 20 para 3 No. 9 lit. a InvFG 1993 "by the phrase" section 70 para 4 Z 1 InvFG 2011 "and the phrase" § 20 para 3 Z 9 InvFG 1993 "by the phrase" section 70 para 4 InvFG 2011 "replaced.

4. in paragraph 2, the phrase is "§ 20 para 3 No. 9 lit. c InvFG 1993 "by the phrase" section 70 para 4 Z 3 InvFG 2011 "replaced.

5. in paragraph 3, the phrase is "§ 20 para 3 No. 8 c lit. b InvFG 1993 "by the phrase" section 71 subsection 2 Z 2 InvFG 2011 "replaced.

6. the existing text of § 4 is paragraph labeled "(1)" and it is attached the following paragraph 2: "(2) § 1 para 1 to 3, paragraphs 2 and 3 as amended the regulation Federal Law Gazette II No. 268/2011 into force on September 1, 2011."

Ettl Pribil