Key Benefits:
265. Ordinance of the Financial Markets Authority (FMA), which changes the FMA Cost Regulation
Pursuant to Section 19 (7) of the Financial Market Supervisory Authority Act-FMABG, BGBl. I n ° 97/2001, as last amended by the Federal Law BGBl. I No 117/2015, in conjunction with Section 69a of the Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I n ° 117/2015, and Section 56 of the Deposit Guarantee and Investor Compensation Act-ESAEG, BGBl. I No 117/2015, shall be arranged:
The FMA-Cost Ordinance-FMA-KVO, BGBl. II No 340/2003, as last amended by the BGBl Regulation. II No 55/2015, shall be amended as follows:
1. § 3 (1) (1) (1) (1) is the following. c is added:
" (c) |
pursuant to Section 56 of the ESAEG, which |
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Member institutions pursuant to Article 7 (1) (1) (21) of the ESAEG are or |
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Member institutions pursuant to Section 44 (7) (7) of the ESAEG; " |
2. § 6 para. 1 Z 1 reads:
" 1. |
for the accounting unit 1: |
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a) |
Section 69a (2) of the BWG, in conjunction with Article 99 of Regulation (EU) No 575/2013, |
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b) |
Section 60 (2) of the ZaDiG in conjunction with Section 20 (2) of the ZaDiG, |
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c) |
Section 22 (2) of the E-Money Act 2010 in conjunction with Section 60 (2) of the ZaDiG, |
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d) |
Section 160 (1) of the BaSAG in conjunction with Section 69a (2) of the BWG and Article 99 of Regulation (EU) No 575/2013, |
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e) |
Section 56 of the ESAEG in conjunction with Section 69a (2) of the BWG and Article 99 of Regulation (EU) No 575/2013, " |
3. § 7 (1) to (3) reads:
" § 7. (1) The FMA shall determine the basis of the calculation of the costs if the data messages required for the measurement of costs in accordance with § 6
1. |
have not been able to be reimbursed in the absence of basic data, or due to a lack of reporting requirements in accordance with the provisions referred to in § 6 (1), or |
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2. |
Have not been transmitted in good time or in good time or not in full. |
(2) The conditions set out in paragraph 1 shall be met by the FMA
1. |
a calculation of the share of the costs, on the basis of the latter data declaration, plus a supplement; or |
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2. |
In the alternative, fix the share of the costs in the amount of the amounts in accordance with paragraph 4 and section 11 (3) Z 3. |
(3) The surcharge in accordance with paragraph 2 (1) (1) is calculated as follows:
where: |
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1. |
N the number of consecutive years for which the FMA has set the basis for the calculation of the costs on the basis of the last data report; |
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2. |
B is the basis for the assessment of the last previous period for the respective taxable person. " |
§ 9a and headline reads as follows:
" Subbilling circles
§ 9a. Accounting Circle 1 (Banking Supervision) consists of the following taxable persons, each of which forms a separate sub-accounting circuit:
1. |
Subaccounting circle 1, to which the legal entities according to § 3 paragraph 1 Z 1 lit. a are assigned; |
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2. |
Subaccounting circle 2, to which the legal entities according to § 3 paragraph 1 Z 1 lit. b are assigned; |
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3. |
Sub-account 3, to which the member institutes according to § 3 (1) Z 1 lit. c are assigned. " |
5. The following paragraphs 16 and 17 are added to § 20:
" (16) As far as this Regulation provides for provisions of the Deposit Guarantee and Investor Compensation Act (ESAEG), BGBl. I n ° 117/2015, it is to be applied in its main version.
(17) Where reference is made in this Regulation to Regulation (EU) No 575/2013, Regulation (EU) No 575/2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 646/2012, OJ L 327, 28.10.2012, p. No. 1, as last amended by the Delegated Regulation (EU) 2015/62, OJ L 176, 15.7.2000, p. No. OJ L 11, 17.01.2015 p. 37. "
6. The following sentence shall be added to Article 21 (10):
" In the case of the actual cost accounting for the FMA financial year 2014, the BGBl Regulation shall apply in lieu of the amount of EUR 250 in accordance with § 7 (6). II No 55/2015, the amount of EUR 100. '
(7) The following paragraph 11 is added to § 21:
" (21) § 3 (1) (1) (c), § 6 (1) (1) (1), (7) (1) to (3), (9a) and the title, § 20 (16) and (17) and Article 21 (10) of the last sentence in the version of the BGBl Regulation. II No 265/2015 shall enter into force with the day following the event. "
Ettl Kumpfmüller