Amendment Of The Großkreditmeldungs Regulation

Original Language Title: Änderung der Großkreditmeldungs-Verordnung

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64. Regulation of the Financial Markets Authority (FMA) amending the large-scale credit reporting regulation

Due to § 75 (6) of the Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I No 118/2010, shall be ordered:

The Large Credit Notification Regulation-GKM-V, BGBl. II No 475/2006, is amended as follows:

1. § 1 (1) Z 3 reads as follows:

" 3.

Enterprises of the contractual insurance with registered office in Germany as well as branches of undertakings of the contractual insurance with registered office in a Member State or a third country. "

2. According to Article 1 (1), the following paragraph 1a is inserted:

"(1a) Under the condition of Section 75 (1a) of the Federal Elections Act (BWG), parent credit institutions which are subject to reporting shall be obliged to report to the Oesterreichische Nationalbank pursuant to Article 2 (4) of the German Federal Republic of Germany."

3. § 2 (1) to (4) are:

" (1) Credit institutions pursuant to Section 1 (1) (1) (1) and branch offices pursuant to Article 1 (1) (1) (4) and (6), which are entitled to conduct banking transactions within the meaning of Section 1 (1) (1) of the Federal Elections Act (BWG), shall have the large-scale credit declaration for debtors and debtor groups according to § 6, corresponding to the Annexes 1A and 1B ,

(2) Financial institutions pursuant to Article 1 (1) (2) (2) and branch offices pursuant to Article 1 (1) (5) and (6), which are not covered by paragraph 1, shall have the large-scale credit declaration for debtors and debtor groups according to § 6, corresponding to the Annexes 2A and 2B ,

(3) Companies of the contract insurance pursuant to § 1 (1) (1) (3) shall have the large-scale credit declaration for debtors and debtor groups according to § 6, corresponding to the Annexes 3A and 3B ,

(4) Parent credit institutions shall have the large credit notification in accordance with Section 75 (1a) of the BWG for the credit institution group in accordance with the Appendix 4 "

4. In § 3 para. 1 Z 3 the parenthesis shall be deleted "(der debnergruppe)" and becomes the reference " pursuant to § 27 (4) (1) to (3) and (4a) of the BWG by reference "pursuant to § 27 (11) (1) to (3) and (12)" , the reference "pursuant to § 27 (4) (1) of the BWG" by reference "pursuant to § 27 (11) (1) of the BWG" , the reference "pursuant to § 27 (4) (2) of the BWG" by reference "pursuant to § 27 para. 11 Z 2 BWG" and the reference "pursuant to Article 27 (4) and (4a) of the BWG" by reference "pursuant to Article 27 (11) and (12) of the BWG" replaced.

5. In § 3 para. 1 Z 3 lit. c is omitted from the parenthesis "(a debtor group)" .

6. In Section 3 (1), in Z 5, the point at the end is replaced by a line-point and the following Z 6 is added:

" 6.

for tranches according to § 2 Z 61 BWG the International Securities Identification Number (ISIN) or, if no ISIN is available, a number issued by Österreichische Wertpapierdaten Service GmbH (ÖWS) or, if not available, an internal number of the institute. "

7. In Section 4 (2), the word order shall be deleted "according to § 2 para. 1 Z 2 lit. a" .

8. In § 6 (1) the reference " pursuant to § 27 (4) (1) to (3) and (4a) of the BWG by reference "pursuant to § 27 (11) (1) to (3) and (12)" replaced.

9. § 9 reads:

§ 9. The reporting date for the large credit notification in accordance with § 2 (1) to (3) shall be the monthly sultimo. Notifications pursuant to Annexes 1A, 1B, 2A, 2B, 3A and 3B shall be submitted at the latest on the sixteenth bank working day following the date of the reporting date. The reporting date for the large credit notification in accordance with § 2 para. 4 shall be the quarterly sultimo. The notifications referred to in Appendix 4 shall be transmitted no later than the fifteenth calendar day of the second month after the date of the reporting date.

10. In § 10 (2) the word shall be deleted "content" and becomes the phrase "Correctness of the" by the word "Law-compliant" replaced.

11. In § 11, the reference " pursuant to § 27 (4) (1) to (3) and (4a) of the BWG by reference "pursuant to § 27 (11) (1) to (3) and (12)" replaced.

12. The previous text of § 14 receives the sales designation "(1)" . The following paragraph 2 is added:

" (2) § 1 para. 1 Z 3, § 2 para. 1 to 3, § 3 para. 1 Z 3 and 6, § 4 para. 2, § 6 para. 1, § 9, § 10 para. 2 and § 11 in the version of the regulation BGBl. II No 64/2011 will enter into force on 30 April 2011. § 1 (1a) and § 2 (4) in the version of the BGBl Regulation. II No 64/2011 will enter into force on 30 June 2011. "

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