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Amendment Of The Banking Act, Of The Savings Bank Act, Of The Austrian Investment Fund Act, The Real Estate Investment Fund Act, The Payment Services Act, The Securities Supervision Act 2007, The Int..

Original Language Title: Änderung des Bankwesengesetzes, des Sparkassengesetzes, des Investmentfondsgesetzes, des Immobilien-Investmentfondsgesetzes, des Zahlungsdienstegesetzes, des Wertpapieraufsichtsgesetzes 2007, des Int...

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152. Federal Law, with which the Banking Act, the Sparkassengesetz, the Investment Fund Act, the Real Estate Investment Fund Act, the Payment Services Act, the Securities Supervision Act 2007, the Interbank Market Strengthening Act, the Operational Law Employee and Self-Employment Services Act and the Insurance Supervision Act are amended

The National Council has decided:

Article 1

Amendment of the Banking Act

The Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I n ° 66/2009, shall be amended as follows:

1. In the table of contents, the " § 21g. Cross-border Authorisation Procedure " the following entry is inserted:

" § 21h. Uniform application of internal approaches and models "

2. In the table of contents, the " § 73. View " the following entry is inserted:

" § 73a. Electronic transmission "

3. According to § 21g, the following § 21h with headline is inserted:

" Uniform application of internal approaches and models

§ 21h. If a parent credit institution and its subordinate institutions with its head office use internal approaches or models according to § § 21a, 21d and 21f in a uniform manner and jointly fulfil the respective conditions of approval, the FMA has the right to To determine the scope of the examination in the manner and the quality of the conditions of approval and to determine the scope of the approach or model to be approved. The FMA may, in this context, limit the examination of the internal approach or model to the parent credit institution if, in the light of the nature and nature of the conditions of approval and in relation to the extent to which the grant is granted, the Approach or model is appropriate. The FMA is responsible for the uniform application of the internal approaches or models and the joint fulfilment of the respective conditions of approval by the parent credit institution and the downstream credit institutions with registered offices in Germany. "

4. § 23 (7) Z 2 reads:

" 2.

shall be allowed to be paid out for interest in so far as they are covered in the eligible profits; "

5. § 25 (11) Z 6 reads:

" 6.

securities taken into retirement pursuant to Article 50 (1) and (2); "

6. In accordance with § 73, the following § 73a with title is inserted:

" Electronic transmission

§ 73a. After hearing the Oesterreichische Nationalbank, the FMA may prescribe, by means of a regulation, that the advertisements, transmissions, submissions, the bringing of information and the submission of the information pursuant to § 9 (5), § 10 (2), (5) and (6), § 11 (3), last sentence, § § 11 (3) Article 13 (3), Section 20 (3), Section 21a (3), Section 21b (3), Section 21c (3), Section 21d Para. 3, § 21e Para. 4, § 21f Paragraph 7, Section 22o (4), § 22q (3), § 25 (10) Z 9, § 28a (4), § 63 (1), § 70a (5), § 73 (1) to 19, para. 3, para. 4, para. Section 5 and section 7, section 93a (8) and § 103e Z 8 iVm Z 15 as well as in accordance with § 2 para. 2 of the Mündelsecurverordnung, BGBl. No 650/1993, as amended by the BGBl Regulation. II No 219/2003, to be carried out exclusively in electronic form, as well as to comply with certain specifications, minimum technical requirements and modalities of transmission. The FMA must be guided by the principles of efficiency and expediency and to ensure that the electronic availability of the data for the FMA and the OeNB is guaranteed and that the electronic availability of the data is guaranteed and that the FMA is able to make the most of the data available to the public. shall not be affected. Furthermore, the FMA in this Regulation may allow bank auditors for certificates and reports in accordance with § 63 (1c) and § 63 (3) to provide optional participation in the electronic system of transmission according to the first sentence. The FMA shall take appropriate measures to ensure that the notifiers or, where appropriate, their persons responsible for the movement of persons are in the system for a reasonable period of time in respect of the accuracy and completeness of the information provided by them or by their To ensure that persons responsible for the movement of persons are able to provide information. "

Section 79 (2) reads as follows:

"(2) Insofar as the transmission does not take place in accordance with § 73a, all advertisements according to § 20 and § 73, documents pursuant to § 44 (1) and (5) and notifications pursuant to § 74 shall also be transmitted to the Oesterreichische Nationalbank within the time limits specified therein."

8. § 102a (1) reads:

" (1) Participatory capital may be recovered by the credit institution in accordance with the following paragraphs. The confiscation must include the entire participation capital or the participation capital of individual tranches already in the event of the issument, whereby also participation capital according to § 23 (1) Z 5 is separated from that pursuant to section 23 (3) Z 8 can be treated. A partial recovery of participation capital of individual issuances or tranches is permissible if the equal treatment of the beneficiaries is guaranteed by the participation capital. An confiscation of only individual tranches of participation capital, which is based on the provisions of the Financial Markets Stability Act (FinStaG), BGBl. I n ° 138/2008, drawn and taken over by the Federal Government, requires the prior consent of the person entitled to participate in the participation capital. The Federal Minister of Finance, in agreement with the Federal Chancellor, has the consent of the Federal Government. "

9. The following sentence is added to § 102a (2):

"The Articles of Association may authorise the Management Board for a maximum of five years for the collection of participation capital in accordance with the first sentence."

10. § 102a (7) reads:

" (7) The participation capital shall be payable at the expense of the balance sheet profit resulting from the annual balance sheet or a free reserve. Participatory capital can also be recovered if capital of the same or better quality is procured in a substitute manner. In the case of the first sentence, the participation capital in accordance with section 23 (4) and the tied reserve from the repayment of the participation capital are in accordance with the legal form of the credit institution in the legal reserve, the security reserve or to adjust to the statutory reserve. "

11. § 103e Z 6 reads:

" 6.

(to section 22 (1)):

a)

If a credit institution or a group of credit institutions applies the approach based on internal credit ratings in accordance with § 22b, the minimum requirement of own resources shall, in accordance with Article 22 (1), identify the following percentages of the amount of the credit institution or the group of credit institutions pursuant to Section 22 (1) of the Federal Law Gazette (BGBl). I n ° 48/2006 should be considered as a minimum requirement for own resources:

aa)

of 1. Jänner 2007 to 31 December 2007 at least 95 vH,

bb)

of 1. Jänner 2008 to 31 December 2008 at least 90 vH,

cc)

of 1. Jänner 2009 to 31 December 2011 at least 80 vH,

where the calculation is based on the basis of the tax base in accordance with § 22 (2) in the version of the Federal Law BGBl. I No 48/2006 as at 31 December 2007, 31 December 2008, 31 December 2009, 31 December 2010 and 31 December 2011;

b)

If a credit institution or a group of credit institutions applies the advanced approach in accordance with Section 22l, the minimum requirement of own resources shall, in accordance with Article 22 (1), identify the following percentages of the amount which the credit institution or the credit institution or the credit institution shall be required to Credit institution group according to § 22 (1) in the version of the Federal Law BGBl. I n ° 48/2006 should be considered as a minimum requirement for own resources:

aa)

of 1. Jänner 2008 to 31 December 2008 at least 90 vH,

bb)

of 1. Jänner 2009 to 31 December 2011 at least 80 vH,

where the calculation is based on the basis of the tax base in accordance with § 22 (2) in the version of the Federal Law BGBl. I No 48/2006 as at 31 December 2007, 31 December 2008, 31 December 2009, 31 December 2010 and 31 December 2011;

c)

For the purposes of lit. a may apply to credit institutions or credit institution groups applying the approach in accordance with § 22b after the end of 31 December 2009, with the approval of the FMA until 31 December 2011 for the determination of the minimum property requirement in accordance with § 22 (1) amount to the amount of at least 80 vH of the amount which the credit institutions or credit institution groups would have to hold as the minimum requirement of own resources in accordance with Article 22 (1) without the authorisation of the approach in accordance with § 22b, in which case the this case the calculation on the basis of the basis of assessment pursuant to section 22 (2) of the 31st December 2010 and 31 December 2011;

d)

For the purposes of lit. b) may credit institutions or groups of credit institutions which apply the approach in accordance with § 22l for the first time after the end of the 31 December 2009, with the approval of the FMA until 31 December 2011 for the determination of the minimum property requirement in accordance with § 22 (1) amount to the amount which must be at least 80 vH of the amount which the credit institutions or credit institution groups would have to hold as the minimum requirement of own resources in accordance with § 22 (1) without authorization of the approach pursuant to § 22l, in which case the this case the calculation on the basis of the basis of assessment pursuant to § 22i as at 31 December 2010 and 31 December 2011. "

12. According to § 103k the following § 103l is inserted:

" § 103l. Section 23, Section 7, Z 2, in the version of the Federal Law BGBl. I n ° 152/2009 shall apply to the additional capital which is to be applied from 1 January 2009 onwards. January 2010 or is contractually adapted to this provision. Supplementary capital, which in accordance with the requirements of § 23 (7) Z 2 in the version of the Federal Law BGBl. I n ° 66/2009, which has not been adjusted, can be credited at the latest by 31 December 2024. The transfer obligations according to § 73a in the version of the Federal Law BGBl. I n ° 152/2009 can also be used until 30 June 2010 in accordance with BWG as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 66/2009 are legally valid. "

(13) The following paragraph 65 is added to § 107:

" (65) § 21h including title, § 23 para. 7 Z 2, § 25 para. 11 Z 6, § 73a, § 79 para. 2, § 102a para. 1, § 102a para. 2, § 102a para. 7, § 103e Z 6 and § 103l in the version of the Federal Law BGBl. I n ° 152/2009 will be 1. Jänner 2010 in force. Appendix 2 on Article I § 43, Part 2, Position III. in the version of the Federal Law BGBl. I n ° 152/2009 shall enter into force on 31 December 2009. '

14. In Appendix 2 to Article I § 43, Part 2 is deleted after the position " III. Operational expenses " the location "including: fixed overheads" .

Article 2

Amendment of the Sparkassengesetz

The Sparkassengesetz-SpG, BGBl. No 64/1979, as last amended by the Federal Law BGBl. I n ° 22/2009, shall be amended as follows:

(1) The following paragraph 3 is added to § 28:

" (3) After hearing the Oesterreichische Nationalbank, the FMA may prescribe, by means of a regulation, that the disclosure, the advertisements, the announcement and the transfer pursuant to § 2 (1), § 5 (1) and (7), § 12 (5), § 13 (4), § 16 (10), § 18 Section 1, section 22 (4), § 26 (2), § 27a (3) and (6), § 39 (2) and § 11 of the SpG Examination Regulations are to be carried out exclusively in electronic form, as well as to comply with certain modifications, technical minimum requirements and methods of transmission. . The FMA must be guided by the principles of efficiency and expediency and to ensure that the electronic availability of the data for the FMA and the OeNB is guaranteed and that the electronic availability of the data is guaranteed and that the FMA is able to make the most of the data available to the public. shall not be affected. The FMA shall take appropriate measures to ensure that the notifiers or, where appropriate, their persons responsible for the movement of persons are in the system for a reasonable period of time in respect of the accuracy and completeness of the information provided by them or by their To ensure that persons responsible for the movement of persons are able to provide information. "

(2) The following paragraph 10 is added to § 42:

" (10) § 28 (3) and § 44 (4) in the version of the Federal Law BGBl. I n ° 152/2009 will be 1. Jänner 2010 in force. "

(3) The following paragraph 4 is added to § 44:

" (4) The transfer obligations according to § 28 (3) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 152/2009 can also be used until 30 June 2010 in accordance with the Sparkassengesetz (Sparkassengesetz) in the version of the Federal Law BGBl. I n ° 22/2009 will be legally complied with. "

Article 3

Amendment of the Investment Fund Act

The Investment Fund Act-InvFG 1993, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I n ° 69/2008, shall be amended as follows:

(1) The following sentences are added to § 22 (5):

" The FMA may, after hearing the Oesterreichische Nationalbank, prescribe by means of a regulation that the advertisements shall be made exclusively in electronic form in accordance with the first and third sentences, as well as certain changes, technical specifications and technical specifications. Minimum requirements and transmission modalities shall be met. The FMA must be guided by the principles of efficiency and expediency and to ensure that the electronic availability of the data for the FMA and the OeNB is guaranteed and that the electronic availability of the data is guaranteed and that the FMA is able to make the most of the data available to the public. shall not be affected. The FMA shall take appropriate measures to ensure that the notifiers or, where appropriate, their persons responsible for the movement of persons are in the system for a reasonable period of time in respect of the accuracy and completeness of the information provided by them or by their To ensure that persons responsible for the movement of persons are able to provide information. "

2. In § 23d Z 2, the percentage "30 vH" by the percentage "15 vH" replaced.

(3) The following paragraph 22 is added to § 49:

" (22) § 22 para. 5 and § 23d Z 2 in the version of the Federal Law BGBl. I n ° 152/2009 will be 1. Jänner 2010 in force. The advertisements in accordance with § 22 paragraph 5 in the version of the Federal Law BGBl. I n ° 152/2009 can also be used until 30 June 2010 in accordance with the investment fund law as amended by the Federal Law BGBl. I n ° 69/2008 is legally valid. "

Article 4

Amendment of Real Estate Investment Fund Law

The Real Estate Investment Fund Act-ImmoInvFG, BGBl. I n ° 180/2003, as last amended by the Federal Law BGBl. I n ° 69/2008, shall be amended as follows:

(1) The following sentences are added to § 34 (5):

" The FMA may, after hearing the Oesterreichische Nationalbank, prescribe by means of a regulation that the advertisements shall be made exclusively in electronic form in accordance with the first and third sentences, as well as certain changes, technical specifications and technical specifications. Minimum requirements and transmission modalities shall be met. The FMA must be guided by the principles of efficiency and expediency and to ensure that the electronic availability of the data for the FMA and the OeNB is guaranteed and that the electronic availability of the data is guaranteed and that the FMA is able to make the most of the data available to the public. shall not be affected. The FMA shall take appropriate measures to ensure that the notifiers or, where appropriate, their persons responsible for the movement of persons are in the system for a reasonable period of time in respect of the accuracy and completeness of the information provided by them or by their To ensure that persons responsible for the movement of persons are able to provide information. "

(2) The following paragraph 5 is added to § 44:

" (5) § 34 (5) in the version of the Federal Law BGBl. I n ° 152/2009 shall enter into force 1. Jänner 2010 in force. The advertisements in accordance with § 34 paragraph 5 in the version of the Federal Law BGBl. I n ° 152/2009 can also be used until 30 June 2010 in accordance with the Real Estate Investment Fund Act as amended by the Federal Law BGBl. I n ° 69/2008 is legally valid. "

Article 5

Amendment of the Payment Services Act

The Payment Services Act-ZaDiG, BGBl. I n ° 66/2009, shall be amended as follows:

1. In § 25 (3), in the penultimate sentence, the word "these" by the word "one" replaced.

(2) The following paragraph 12 is added to Article 64 (11):

" (12) The FMA may, after hearing the Oesterreichische Nationalbank, prescribe by decree that the advertisements and transfers pursuant to § 10 para. 3, § 11 para. 1, § 13 para. 1 and 6, § 21 para. 3, § 22 para. 1 and § 25 para. 7 exclusively in to be in electronic form, as well as to comply with certain specifications, technical minimum requirements and modalities of transmission. The FMA must be guided by the principles of efficiency and expediency and to ensure that the electronic availability of the data for the FMA and the OeNB is guaranteed and that the electronic availability of the data is guaranteed and that the FMA is able to make the most of the data available to the public. shall not be affected. In addition, the FMA may, in this Regulation, provide auditors for certificates, transfers, reports and reports pursuant to § 25 (8) and § 65 (1), (2) and (3), an optional participation in the electronic system of transmission according to the first Allow set. The FMA shall take appropriate measures to ensure that the notifiers or, where appropriate, their persons responsible for the movement of persons are in the system for a reasonable period of time in respect of the accuracy and completeness of the information provided by them or by their To ensure that persons responsible for the movement of persons are able to provide information. "

3. § 79 receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) § 25 (3) and § 64 (12) in the version of the Federal Law BGBl. I n ° 152/2009 will be 1. Jänner 2010 in force. The advertisements and transmissions according to § 64 paragraph 12 in the version of the Federal Law BGBl. I n ° 152/2009 can also be used until 30 June 2010 in accordance with the Payment Services Act in the version of the Federal Law BGBl. I n ° 66/2009 are legally valid. "

Article 6

Amendment of the Securities and Markets Act 2007

The Securities and Markets Act 2007-WAG 2007, BGBl. I n ° 60/2007, as last amended by the Federal Law BGBl. I n ° 66/2009, shall be amended as follows:

Section 73 (1) reads as follows:

Investment firms shall draw up their annual accounts in accordance with the structure of Annex 2 to Article I, Section 43 of the Federal Elections Act, in such a timely manner that the time limit laid down in paragraph 2 may be met; Annex 2 to Article I, Section 43, Part 2 of the Federal Elections Act (BWG) (breakdown of profit and loss) Loss account) shall be applied with the proviso that under the heading " III. "In addition, the position" including: fixed overheads " must be shown; § § 43, 45 to 59a, 64 and 65 (1) and (2) of the BWG are to be applied. The provisions of § 275 UGB on the auditor's liability shall apply. "

(2) The following paragraph 6 is added to § 108:

" (6) § 73 (1) in the version of the Federal Law BGBl. I n ° 152/2009 shall enter into force on 31 December 2009. '

Article 7

Amendment of the Interbank Market Strengthening Act

The Interbank Market Strengthening Act-IBSG, BGBl. I n ° 136/2008, as last amended by the Federal Law BGBl. I No 78/2009, shall be amended as follows:

1. In § 11, first sentence, the word order shall be "31 December 2009" through the phrase "31 December 2010" replaced.

Article 8

Change of company employee and self-employment law

The company employee and self-employment pension law-BMSVG, BGBl. I n ° 100/2002, as amended by the Federal Law BGBl. I n ° 147/2009, shall be amended as follows:

1. In Section 31 (1), the following Z 3a shall be inserted after Z 3:

" 3a.

By way of derogation from Z 3, directly or through special funds according to § 1 para. 2 InvFG or comparable foreign special funds, in which the BV-checkout is the only one-unit-holder,

a)

Debt securities issued by the Federal Government, a Federal State or any other State party to the Agreement on the European Economic Area (State Party), a member state of another Contracting State, or any other State Party to the Agreement on the European Economic Area (Contracting State) Full member state of the Organization for Economic Cooperation and Development (OECD) and securities for whose repayment and interest the federal government, a federal state, another Contracting State, a member state of another Contracting State or a State Party the other full member state of the OECD, and the apportionment pursuant to Section 22a of the BWG with a risk weight not exceeding 20 vH,

b)

Debt securities issued by credit institutions which, in accordance with Article 22a of the Federal Elections Act, would be subject to a risk weight of no more than 20 VH, and securities for the repayment and return of which a credit institution which has a risk weight in accordance with Section 22a of the BWG At most 20 vH, shall be liable,

c)

investment grade corporate bonds,

with a fixed term, if they are intended to be kept until the final maturity on the basis of a separate dedication, with their continued acquisition costs or their continued daily value at the time of the dedication, using the effective interest rate method, if it has been declared admissible in the predisposition provisions. For the securities directly or indirectly dedicated to special funds, the ability to be a permanent facility on the basis of a prudent liquidity plan shall be limited to a maximum of 25 vH in accordance with lit. c and a total of no more than 60 vH of the assets allocated to an investment community shall be devoted. The Fund provisions of special funds shall contain provisions for the separate dedication of certain debt securities and on the current identification of a further calculation value, taking into account the special assessment. These fund regulations are to be submitted to the FMA in the case of dedication. A security, which is dedicated as a permanent facility by the BV cash register, may only be provided with special circumstances and with the approval of the FMA before final maturity. If a corporate bond loses the status of investment grade, its dedication shall be set aside as a permanent facility and shall be assessed in accordance with Z 3. A sale of debt securities specifically dedicated to special funds is only permissible on return of shares by the BV cash register, which may only be effected in case of special circumstances and with the approval of the FMA. In accordance with Section 39 (3) of the Regulation, the FMA has to prescribe the disclaimer of the silent charges and silent reserves arising from the HTM assessment; "

2. In § 39 (1), the reference to "§ § 20 and 30" by reference to "§ § 20, 30 and 31 (1) (3a)" replaced.

Article 9

Amendment of the Insurance Supervision Act

The Insurance Supervision Act-VAG, BGBl. No 569/1978, as last amended by the Federal Law BGBl. I n ° 66/2009, shall be amended as follows:

(1) In Article 13a, the following paragraph 1 is inserted after paragraph 1:

" (1a) If the entire insurance business of a domestic insurance undertaking, which is operated in the form of a public limited company, is transferred by division to a domestic public limited company established for this purpose, the Concession for the operation of the contract insurance and the authorisations granted for the dissociated insurance company from the transferring company to the receiving public limited company. The approval pursuant to paragraph 1 may only be granted to FMA if compliance with the provisions applicable to the operation of the contract insurance is ensured by the receiving public limited liability company. "

2. In § 61b (6) the reference "in accordance with paragraph 5" by reference "pursuant to paragraph 5 and section 61e (1)" replaced.

3. § § 61e and 61f are given the names "§ 61f" and "§ 61g" ; in accordance with § 61d, the following § 61e and heading is inserted:

" Effects of a restructuring

§ 61e. (1) Where a legal transaction requires an authorisation pursuant to Section 13a (1), the entire insurance business or insurance portfolio or any substantial part thereof, one of the public limited liability companies referred to in § 61a (3) shall apply to another companies, this does not lead to the dissolution of the association,

1.

if the Board of the Association has been shown to provide evidence of evidence of the effects of the transaction, and the supreme body, by a majority of at least three-quarters of the votes cast, consent to the transaction , and

2.

if and as long as the association in the other company holds at least 26 vH of the voting shares directly or if and as long as the association holds at least 26 vH of the voting shares in the stock corporation and this in turn more than 50 vH of the voting shares in the other company is held and in this case a decisive influence of the association is ensured by means of statutes or by other legal basis. The FMA is to be able to demonstrate this influence in the course of the approval procedure pursuant to § 13a (1).

(2) In the scope of the restructuring provided for in paragraph 1, Section 61b (4) is to be applied with the proviso that the membership of the association is bound to the existence or conclusion of an insurance contract with the other company in accordance with paragraph 1; the The rights of the supreme body in accordance with § 61c shall also apply in relation to the other company referred to in paragraph 1 above. "

Section 82 (3) reads as follows:

" (3) If the FMA has reasonable doubts that the person elected to the auditor fulfils the conditions for the election to the auditor, it may, within one month of the announcement of the election, submit an application in the meaning of Section 270 (3) of the UGB. If a reason for exclusion or grounds of absence is not known until after the election or if it does not enter into force until after the election, the application shall be submitted within one month of the date on which the FMA became aware of it or would have had no gross negligence. can be obtained. "

5. In § 119i, the following paragraph 25 is added:

" (25) § 13a (1a), § 61b (6), § § 61e to 61g, § 82 (3), § 129k and § 131 Z 1 in the version of the Federal Law BGBl. I n ° 152/2009 will be 1. Jänner 2010 in force. "

6. In § 129k the annual number shall be "2010" by the year "2011" replaced.

7. In § 131 Z 1 the reference "Section 61e (1), (3) (1) to (4), (6) and (7), (5), (1) to (5), (7) and (8), of § 61f," by reference "§ 61e, section 61f (1), (3) (1) to (4), (6) and (7), (5), (1) to (5), (7) and (8), § 61g," replaced.

Fischer

Faymann