Change Of The National Bank Act 1984 And The Financial Market Authority Act

Original Language Title: Änderung des Nationalbankgesetzes 1984 und des Finanzmarktaufsichtsbehördengesetzes

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50. Federal Act, amending the National Bank Act 1984 and the Financial Market Supervisory Authority Act

The National Council has decided:

Article 1 (Amendment of the National Bank Act 1984)

The National Bank Act 1984, BGBl. No. 50/1984, as last amended by the Federal Law BGBl. I n ° 108/2007, is amended as follows:

1. § 1 reads:

" § 1. The legal conditions of the Oesterreichische Nationalbank shall be determined by the Treaty on the Functioning of the European Union, OJ L 327, 31.12.2002, p. No. OJ C 83 of 30.03.2010 p. 47 (TFEU), the Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank, OJ No. No. 230 (ESZB/EZB Statute) as well as by this Federal Act. The provisions of the German Stock Corporation Act 1965, BGBl. No. 98/1965, are applicable to the Oesterreichische Nationalbank, insofar as nothing else is determined by the TFEU, the Statute of the ESCB, or by this Federal Act. "

2. § 2 (2) reads:

" (2) The Oesterreichische Nationalbank has, in accordance with the provisions of the TFEU, the ESZB/EZB Statute, the directly applicable EU-law provisions adopted pursuant to these provisions and this Federal Law on the attainment of the To contribute to the achievement of the tasks of the ESCB and to the implementation of the tasks. Within the framework of Union law, and in particular Article 3 of the Treaty on European Union, OJ L 327, 31.12.2002, p. No. 13 and of Article 127 of the TFEU, the Oesterreichische Nationalbank has to act with all the means at its disposal to ensure the objective of price stability. To the extent that this is possible without prejudice to the objective of price stability, account shall be taken of the economic requirements in terms of economic growth and employment development and the general economic policies in the European Union. "

3. In § 2 (5), the words "Community" by the words "Union" replaced.

4. In Section 7 (1), the phrase "Community legislation" through the phrase "Union rules" replaced.

5. § 7 (4) reads:

" (4) The Oesterreichische Nationalbank is within the meaning of Section 5 (1) and (2) of the Data Protection Act 2000 (DSG 2000), BGBl. No 165/1999, as regards the admissibility of the transmission of data to a contracting authority of the public sector. '

6. § 8 together with headline reads:

" Share Capital and Shareholder

§ 8. The base capital of the Oesterreichische Nationalbank is twelve million euros and is divided into 150 000 pieces of no-par value shares. "

7. § 9 reads:

" § 9. The sole shareholder of the Oesterreichische Nationalbank is the federal government. The Federal Minister of Finance shall exercise the shareholder rights of the Federal Government. "

8. § 10 (1) reads:

"(1) The regular General Assembly shall take place within the first six months of each financial year."

9. § 10 (2) reads:

" (2) In the written request of the Federal Government, unless this can be done within the framework of the regular General Assembly, the holding of an extraordinary general assembly shall be convened within 30 days, with the period of time of receipt of the request by the Federal Government of corresponding written application at the Oesterreichische Nationalbank. "

10. § 10 (3) shall be deleted.

11. § § 11 to 14 are deleted.

12. § 16 Z 3 reads:

" 3.

the adoption of a decision on the use of the balance sheet surplus and the determination of the profit to be distributed; "

13. § 16 Z 4, 6, 7 and 9 are deleted.

14. § 16 Z 5 reads:

" 5.

the election of an auditor and a replacement auditor; "

15. § 17 is deleted.

16. § 18 deleted.

17. § 19 deleted.

18. In § 21 para. 2 Z 4 the phrase "in the expenditure plan" through the phrase "in the plan cost calculation and in the investment plan" replaced.

19. In § 21 (2) Z 5, the phrase "the expenditure plan" through the phrase "the plan cost calculation and the investment plan" replaced.

20. § 22 (1) reads:

"(1) The General Council shall consist of the President, a Vice-President and eight other members."

21. § 22 (2) reads:

"(2) All members of the General Council shall be appointed."

22. In § 22 (3), the last sentence is deleted.

23. § 22 (4) reads:

" (4) Persons standing in the active service of the Federation, a country or an organ of the European Union, as well as members of the National Council, the Federal Council, a Landtag or the European Parliament, the Federal Government, a state government or the European Commission cannot be a member of the General Council. The restriction with regard to the active service of the Federal Government does not apply to university professors of the legal and economic sciences. Members of the General Council may not be members of the administration of credit institutions more than three; they may not be members of the Bureau. "

Section 22 (5) reads as follows:

" (5) According to § 40 of the Labor Constitutional Law (ArbVG), BGBl. No. 22/1974, the competent staff body shall be entitled to send a representative and a deputy to the meetings of the General Council. The representative and in the absence of the deputies shall have the same rights and duties as the members of the General Council in matters of personal, social and welfare affairs. "

25. § 23 reads:

" § 23. The President, the Vice-President and the eight other members of the General Council shall be appointed by the Federal Government for a period of five years; a re-appointment shall be admissible. During their term of office, the members of the General Council can only be dismissed by the Federal Government if they no longer fulfil one of the conditions required for the performance of their duties (Section 22 (3) and (4)) or if they have committed a serious misconduct. As a loss of the condition for the performance of their duties, the prevention of the exercise of their duties shall also apply to a period of time which exceeds one year. If a member of the General Council fails during his operating period, the Federal Government has to appoint a new member for a period of five years. "

26. § 28 (2) reads:

"(2) A meeting of the General Council must be convened within eight days at the written request of three General Council members or at the request of the Governor or the State Commissioner."

27. § 29 (3) reads:

"(3) The General Council shall have a quorum if all the members have been summoned in good time and, including the Chairman, at least five members are present."

28. In § 33 (2), the word "five" by the word "six" replaced.

29. In § 33 (3), the word "Community" by the word "Union" replaced.

30. In Section 34 (1), the phrase " Art. 109a (1) EC Treaty " through the phrase "Article 283 (1) TFEU" replaced.

31. § 35 (2) reads:

" (2) The members of the Executive Board shall be required to provide the best knowledge and consciences to their business and obligations and to conduct business in such a way as to enable the Oesterreichische Nationalbank to be placed in a position to do so. , the Commission shall, in accordance with the TFEU, fulfil its obligations under the Statute of the European Parliament and of the provisions of the European Union law which are directly applicable on the basis of these provisions, as well as to the tasks assigned to them by the Federal Act. "

32. § 37 reads:

" § 37. (1) The General Assembly shall elect an auditor and a replacement auditor each year in accordance with the provisions of Article 27 of the ESCB/ECB Statute. Auditors or accounting firms cannot be elected to the auditor or substitute auditor who have received an audit opinion in accordance with § 274 of the German Commercial Code (UGB) on the audit of the annual accounts of the Oesterreichische Nationalbank (Oesterreichische Nationalbank) have already been drawn in five cases; this shall apply in cases where the audit is not carried out by a natural person as an auditor, including for the head of the audit and those who undertake the audit opinion . The rotation regulations do not apply after an interruption of the audit activity for at least two consecutive financial years.

(2) The auditor shall examine the annual accounts and report on the outcome of his examination in writing. He is entitled to require the Board of Directors to make all the information necessary for the performance of his duties and, in particular, to consult the Bank's books.

(3) The auditor shall be obliged to carry out a conscientious and impartial audit and to secrecy. "

33. § 41 (1) reads:

" (1) Overdraft and other credit facilities at the Oesterreichische Nationalbank for institutions or bodies of the European Union, for central governments, regional or local authorities or for other public-sector entities. Bodies, other bodies of public law or public entrepreneurs of the EU Member States are in accordance with Article 123 of the TFEU in conjunction with Council Regulation (EC) No 3603/93 of 13 December 1993 (OJ L 327, 31.12.1993, p. No. OJ L 332/1, 31.12.1993), as well as the direct purchase of debt instruments from these bodies by the Oesterreichische Nationalbank. This prohibition does not apply to credit institutions in public ownership; these are treated as the provision of central bank money, such as private credit institutions. "

34. In § 42, the phrase "of Article 104 of the EC Treaty" through the phrase "Article 123 TFEU" replaced.

35. In § 43, the phrase "Article 105 (5) EC Treaty" through the phrase "Article 127 (5) TFEU" replaced.

36. § 44 (1) reads:

" (1) The Oesterreichische Nationalbank shall be entitled, in so far as it is necessary to carry out the tasks entrusted to it within the framework of the ESCB, to obtain information and to identify data in accordance with the provisions of the European Union's legal provisions. and to be transmitted. The right to obtain information and to collect data also includes the power to collect documents and to prescribe the dates, form and structure of the documents to be supplied. The county of reportable natural and legal persons and the provisions on confidentiality shall be determined by the Council of the EU in accordance with Article 129 (4) TFEU. "

37. In § 44 (2), the word "Community" by the word "Union" replaced.

38. § 45 reads:

" § 45. The Oesterreichische Nationalbank, its shareholder, the members of its institutions, its employees, persons otherwise active for the Oesterreichische Nationalbank, and the State Commissioner and his deputy are all exclusively from their In so far as not due to disclosure requirements within the framework of the ESCB or on the basis of the provision of any of the facts referred to in section 38 (2) of the Federal Elections Act, the obligation to act or function shall be subject to secrecy. that information is to be provided. This duty of confidentiality also exists after the termination of an organ function, after termination of the service relationship with the Oesterreichische Nationalbank, the other activity or function. "

39. In § 47 Z 1, the word "Community" by the word "Unions-" replaced.

40. In § 49, the phrase "EC Council" through the phrase "EU Council" replaced.

41. In § 50, the phrase "European Community" through the phrase "European Union" replaced.

42. In Section 52 (2), the phrase "EC" through the phrase "EU" replaced.

Section 68 is added to the following paragraph 4:

"(4) Direct and indirect shareholdings in companies, in particular the share of capital and voting rights as well as nominal capital, are to be shown separately in the Annual Report."

44. According to § 68, the following § 68a and heading is inserted:

" Plan Cost Accounting and Investment Plan

§ 68a. (1) Before the beginning of a financial year, the Executive Board shall draw up a plan cost statement and an investment plan which shall require the approval of the General Council.

(2) At the end of the financial year, the Executive Board shall have to compare the actual costs and investments incurred in a Plan/Is analysis. The plan/actual analysis shall be submitted to the General Council as soon as possible together with the audit report of the auditor to be drawn up. "

45. In § 69, subsection 1, Z 1 and para. 4.

46. § 69 (3) reads:

" (3) From the remaining net profit, the Federal Government receives 90 vH for the time being, and the shareholder receives a dividend of up to 10 vH of its share of the share capital according to the decision of the General Meeting. The remainder shall be used in accordance with the decision of the General Assembly. "

47. In Section 75 (1), the word order shall be "EC Treaty" through the phrase "TFEU" replaced as well as the word sequence "Court of Justice of the European Community" through the phrase "Court of Justice of the European Union" replaced.

48. In Section 78 (2), the phrase "the shareholders" through the phrase "the shareholder" replaced.

49. § 79 reads:

" § 79. (1) The persons referred to below in paragraphs 1 to 5 (cash editors) shall be obliged to ensure that euro banknotes and coins which they have received and wish to recirculate are checked for their authenticity:

1.

Credit institutions according to § 1 BWG,

2.

credit and financial institutions from Member States (§ § 9, 11, 13 of the Federal Elections Act), which operate in Austria through a branch or by means of the freedom to provide services;

3.

other payment service providers (§ 1 para. 3 ZaDiG) and

4.

Other entrepreneurs (§ 1 UGB),

-

its tasks include the processing and issue of banknotes and coins, including money transport undertakings, or

-

whose activity consists in exchanging banknotes or coins of different currencies, or

-

which are involved as a secondary activity through the operation of cash dispensing machines in the processing and issue of banknotes, within the scope of this secondary activity.

5.

public coffers.

The authenticity of the euro banknotes shall be checked in accordance with Article 6 (1) of Regulation (EC) No 1338/2001, in accordance with the procedures laid down by the ECB.

(2) The Oesterreichische Nationalbank, the Münze Österreich AG, the public funds and the other cash actors referred to in paragraph 1 are obliged to all euro banknotes and euro coins which they have received and to which they know or have sufficient grounds to believe that they are forgeries, to be retained for the purpose of verification against confirmation. In respect of coins which are legal tender in Austria, Münze Österreich Aktiengesellschaft, with regard to the other coins and the banknotes, the Oesterreichische shall be subject to the implementation or instigation of this review. National Bank responsible.

(3) The banknotes and coins identified as falsified or falsified on the basis of the inspection shall be preserved for the further disposal of the criminal courts. The safekeeping is the responsibility of the coins, which are legal tender in Austria, the Münze Österreich Aktiengesellschaft, and with regard to the other coins as well as the banknotes of the Oesterreichische Nationalbank. The Oesterreichische Nationalbank and the Münze Österreich Aktiengesellschaft have to report a written report to the Federal Minister of the Interior on the outcome of the review, and to disclose this result to the person from whom the Banknotes or coins have been withheld.

(4) The decision to return as well as the further disposal of the depositary banknotes and coins shall be the responsibility of the criminal courts. Counterfeit or falsified banknotes and counterfeit or adulterated coins of non-precious metals shall not be returned. A return of counterfeit or falsified coins of precious metals or precious metal alloys shall be permitted provided that these coins have previously been rendered useless. The Oesterreichische Nationalbank (Oesterreichische Nationalbank) and the Münze Österreich Aktiengesellschaft are entitled to postpone the counterfeit or falsified banknotes and coins after ten years of safekeeping to the criminal courts for further reason, provided that no shorter period of detention has been determined by the criminal courts. "

§ 79a is:

" § 79a. (1) Who, contrary to Article 79 (1), fails to ensure that euro banknotes and euro coins are checked for authenticity in accordance with the applicable procedures, shall be considered, unless the facts of the case are the responsibility of the courts; , or under other administrative criminal provisions, is punishable by a tighter penalty, an administrative surrender and is punishable by the district administrative authority with a fine of up to 10 000 euros.

(2) Who, contrary to § 79 (2), does not allow the forgery or adulteration of suspicious circulation banknotes or coins to be withdrawn from circulation, and to transmit to the Oesterreichische Nationalbank or the Münze Österreich Aktiengesellschaft, , provided that the action does not constitute the offence of a criminal offence within the jurisdiction of the courts or is punishable under other administrative criminal provisions with a more stringent penalty, an administrative surrender and shall be subject to the District managing authority to punish with a fine of up to 10 000 euros. "

51. In § 82 (1) the word "Community law" by "Union Legal" replaced.

52. § 82b reads:

" § 82b. Anyone who annuals unauthorised euro banknotes or coins worth more than € 15 000 shall be responsible, provided that the action does not constitute a criminal offence under the jurisdiction of the courts, or in accordance with other administrative provisions is threatened with tighter punishment-an administrative surrender and is to be punished by the district administrative authority with a fine of up to € 2 000. "

53. In § 87, there are no 1 to 5 and 8.

54. § 87 Z 9 reads:

" 9.

The reduction in the number of members of the General Council shall be carried out in stages to twelve members until 31 December 2013 and ten members until 31 December 2015. The functional periods of the members of the General Council elected by the General Assembly shall run out. "

55. § 87 Z 10 reads:

" 10.

(on § 37)

The provision will be used for the first time for the 2013 financial year. "

56. § 88 deleted.

Article 89 (7) reads as follows:

" (7) § 1, § 2 para. 2, § 2 para. 5, § 7 para. 1, § 7 para. 4, § 8, § 9, § 10 para. 1, § 10 para. 2, § 10 para. 3, § 11, § 12, § 13, § 14, § 16 Z 3, § 16 Z 4, § 16 Z 7, § 16 Z 9, § 17, § 18, § 19 § 2 Z 4, § 21 para. 2 Z 5, § 22 para. 2, § § § § § § § § § § § § § § § § § § § § § 21, § 21, Section 2, Section 2, Section 21, Section 2, Section 2, Section 2, Section § 22 (3), § 22 (4), § 22 (5), § 28 (2), § 29 (3), § 33 (2), § 33 (3), § 34 (1), § 35 (2), § 37, § 41 (1), § 42, § 43, § 44 (1), § 44 (2), § 45, § 47 Z 1, § 49, § 50, § 52 paragraph 2, § 68 para. 4, § 68a, § 69 para. 1 Z § 69 (4), § 75 (1), § 78 (2), § 79, § 79a, § 82 para. 1, § 82b, § 87 Z 9, § 87 Z 10, § 88 in the version of the Federal Law BGBl. I No 50/2011 will enter into force on 1 August 2011. "

Article 2

Amendment of the Financial Market Supervisory Authority Act

The Financial Market Supervisory Authority Act, BGBl. I n ° 97/2001, as last amended by the Federal Law BGBl. I No 107/2010, shall be amended as follows:

1. In § 18 (1) and § 19 (1), (5) and (5a) the word group shall be "four million euros" through the word group "eight million euros" replaced.

2. § 19 (4) reads:

" (4) The Federal Government makes a contribution of 3.5 million euros per financial year of the FMA. This contribution as well as income which is not due to the replacement of oversight costs or advance payments or pursuant to paragraph 10 of the FMA shall be deducted from the total cost of the FMA. The remaining difference shall be divided into accounting circles 1 to 4 in the application of the ratios referred to in paragraph 2. After deduction of the fees for authorization received pursuant to paragraph 10, the amounts resulting from this shall constitute the costs of the natural and legal persons subject to the supervision of the FMA in accordance with the provisions of the Provisions of the Federal Elections Act, the VAG, the WAG 2007, the ZaDiG, the E-Money Act 2010 and the PKG shall be replaced by the FMA after pre-enrolance. "

3. In § 19 (5) the phrase is deleted "and in accordance with § 20 ZaDiG" .

4. In § 19 (5a) the word order shall be deleted "and in accordance with § 20 ZaDiG" .

5. The following paragraph 19 is added to § 28:

" (19) § 18 para. 1 as well as § 19 para. 1, 4 and 5 in the version of the Federal Law BGBl. I No 50/2011 will enter into force on 1 August 2011. Section 19 (5a) in the version of the Federal Law BGBl. I No 50/2011 will take place with 1. Jänner 2012 in force. "

Fischer

Faymann