Key Benefits:
238. Regulation of the Financial Markets Authority (FMA), which changes the FMA Incoming Platform Regulation and the FMA Fees Regulation
Article 1
Amendment of the FMA-Incoming Platform Regulation
On the basis of
1. |
Section 73a of the Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I No 117/2015; |
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2. |
Section 116 (3) and § 269 of the Insurance Supervision Act 2016-VAG 2016, BGBl. I n ° 34/2015, as last amended by the Federal Act BGBl. I No 112/2015, |
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3. |
Section 36a of the Pensionskassengesetz-PKG, BGBl. No. 281/1990, as last amended by the Federal Law BGBl. I No 68/2015, |
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Is prescribed: |
The FMA-Incoming Platform Ordinance-FMA-IPV, BGBl. II No 184/2010, as last amended by the BGBl Regulation. II No 319/2013, shall be amended as follows:
1. In § 1 Z 9, at the end of the period, the following points shall be replaced by a stroke point and the following Z 10 and 11 shall be added:
" 10. |
Section 12 (1) and section 21 (1) of the Sanation and Settlement Act-BaSAG, BGBl. I n ° 98/2014; |
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11. |
§ 11 (2), § 23 (1) and 5, § 24 (1) and (2), § 63 (5), § 65 (3), § 66 (3) Z 4, § 79 (3), § 85 (2), § 87 (4), § 92 (1), 2 and 5, § 100 (4), § 102 (1), § 109 (2) and (4), § 115 (2) and (4), § 116 (3), § 122 Para. 1 and 3, § 123 (3) and (4), § 127 (1) to (3), § 129 (8) (2), (2) and (3), § 202 (3), § 202 (4), § 203 (2) and (3), § 220 (1), § 221 (1) and (3), § 224 (2), section 225 (2) and (4), § 248 (2) and (4), § Section 2 to 6, section 250 (1) and (2), § 260 (1), § 265 (1), § 272 (2), § 278 (1), § 279 (1), § 280 (1) and (3), § 300 (3), § 305 (1) (3) and (6), § 306 (1) and § 309 (1) VAG 2016. " |
2. § 1 receives the sales designation "(1)" and shall be added to the following paragraph 2:
" (2) The obligation to provide electronic information by means of the Incoming platform of the FMA in accordance with paragraph 1 does not exist if:
1. |
a transfer pursuant to section 21 (1) of the BaSAG is to be made on the basis of a Regulation of the FMA on a different reporting path; or |
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2. |
a notification obligation pursuant to section 24 (1) and 2 VAG 2016 is to be fulfilled which neither a company according to § 1 para. 1 VAG 2016 with registered office in Germany, nor a credit institution pursuant to § 1 paragraph 1 BWG, nor a pension fund according to § 1 paragraph 1 PKG, nor a Investment firm according to § 1 Z 1 WAG 2007, with its registered office in Germany or an investment service provider according to § 4 WAG 2007, still meets an AIFM in accordance with § 2 para. 1 Z 2 AIFMG; or |
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3. |
a notification obligation pursuant to Section 6a (1) and (2) of the PKG is to be fulfilled, which does not meet any of the entities referred to in Z 2. " |
3. The following paragraph 5 is added to § 3:
" (5) § 1 (1) (10) and (2) (2) (2) (1), as amended by the BGBl Regulation. II No. 238/2015 shall enter into force on 1 September 2015. § 1 (1) (1) (11) and (2) (2) and (3), as amended by the BGBl Regulation. II No 238/2015 shall be 1. Jänner 2016 in force. "
Article 2
Amendment of the FMA Fee Regulation
Pursuant to Section 19 (10) 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, shall be arranged:
The FMA Fee Ordinance-FMA-GebV, BGBl. II No 230/2004, as last amended by the BGBl Regulation. II No 219/2015, shall be amended as follows:
1. Section 6 (12):
" (12) 1. Section 3 (1) and second part 2. Section TP I.B.1., I.C.1., I.F.1. and I.G.1., TP 1.H.1. and I.H.2. with headline, TP III.A.1., III.B.1., III.C.1., III.D.1., III.F.1. and III.H.1., TP III.J.1. to III.J.14. together with heading and finally TP IV.A.1. in the version of the BGBl Regulation. II No. 219/2015 will enter into force with 1 September 2015. "
Ettl Kumpfmüller