68. Federal Law, with which the Alternative Investment Fund Manager Act, the Banking Law, the 1989 Stock Exchange Act, the E-Money Act 2010, the Financial Conglomerate Act, the Investment Fund Act 2011, the Corporate Tax Act 1988, the The National Bank Act 1984, the Pensionskassengesetz (Pensionskassengesetz), the Takeover Act, the Insurance Supervision Act, the Insurance Supervision Act 2016, the Securities Supervision Act 2007 and the Payment Services Act are amended (Accounting amendment-accompanying law 2015-RÄ-BG 2015)

The National Council has decided:

table of contents

Article 1	Change of Alternative Investment Fund Manager Act
Article 2	Amendment of the Banking Act
Article 3	Amendment of the 1989 Stock Exchange Act
Article 4	Amendment of the E-Money Act 2010
Article 5	Amendment of the Financial Conglomerate Act
Article 6	Amendment of the Investment Fund Act 2011
Article 7	Amendment of the Corporate Tax Act 1988
Article 8	Amendment of the National Bank Act 1984
Article 9	Amendment of the Pensionskassengesetz
Article 10	Amendment of the Takeover Act
Article 11	Amendment of the Insurance Supervision Act
Article 12	Amendment of the Insurance Supervision Act 2016
Article 13	Amendment of the Securities and Markets Act 2007
Article 14	Amendment of the Payment Services Act

Article 1

Change of Alternative Investment Fund Manager Act

The Alternative Investment Fund Manager Law-AIFMG, BGBl. I No 135/2013, as last amended by the Federal Law BGBl. I n ° 98/2014, shall be amended as follows:

1. In § 2 para. 1 Z 5 lit. b becomes the policy reference " Art. 1 of the Seventh Directive 83 /349/EEC by the policy reference " Art. Article 22 (1) and (2) of Directive 2013 /34/EU " replaced.

2. In § 2 para. 1 Z 9, the policy reference " Art. 1 of Directive 83 /349/EEC by the policy reference " Art. Article 22 (1) and (2) of Directive 2013 /34/EU " replaced.

3. In § 2 para. 1 Z 31 the word order shall be "within the meaning of Articles 1 and 2 of Directive 83 /349/EEC" through the phrase "within the meaning of Article 22 (1) to (5) of Directive 2013 /34/EU" replaced.

4. In § 2 para. 1 Z 37, the policy reference " Art. 1 and 2 of Directive 83 /349/EEC by the policy reference " Art. Article 22 (1) to (5) of Directive 2013 /34/EU " replaced.

5. § 22 (6) third sentence reads:

"§ § 43 (1), (2) and (3), 45 to 59a, 64 and 65 (1) and (2) of the BWG shall apply."

6. § 71 (2) Z 4 reads:

" 4.		Directive 2013 /34/EU on the annual accounts, consolidated accounts and related reports of companies of certain types of law and amending Directive 2006 /43/EC and repealing Directives 78 /660/EEC and 83 /349/EEC, OJ L 206, 22.7.2003, p. No. 19., as amended by Directive 2014 /95/EU, OJ L 182, 16.7.2014, p. No. OJ L 330, 15.11.2014 p. 1;

7. In accordance with Section 74 (4), the following paragraph 5 is added:

" (5) § 2 (1), § 22 (6) and § 71 (2) (2) Z 4 in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 68/2015 will enter into force on 20 July 2015. In the case of accounting documents for financial years, which shall be before 1. January 2016 has begun, is § 22 para. 6 in the version of the Federal Law BGBl. I n ° 68/2015 with the proviso that the provisions of the Federal Elections Act are to be applied in accordance with the provisions of Section 107 (87) of the BWG. "

Article 2

Amendment of the Banking Act

The Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I No 34/2015, shall be amended as follows:

1. § 3 para. 4a Z 1 reads:

" 1.		§ § 22 to 24a, 27a, 39 (3) and (4), 39a, 43 (1a), 57 (5) and 74 (1) in conjunction with 74 (6) Z 3 lit. a this federal law and parts 3, 5, 6, 7 and 8 of Regulation (EU) No 575/2013 are not applicable; "

2. § 3 para. 7 lit. c is:

" (c)		§ 1 para. 3, § § 22 to 24a, § 27a, § 39a, § 43 paragraph 1a, § 57 para. 5, § 74 paragraph 1 in conjunction with paragraph 6 Z 3 lit. a not to be applied to this Federal Act and Articles 89 to 91 and Part 3, 5, 6, 7 and 8 of Regulation (EU) No 575/2013 and to the application of Part 4 of Regulation (EU) No 575/2013 to the assets of the investment community; '

3. In § 5 para. 1 Z 9a lit. a sublit. bb, § 28a (5) Z 5 lit. a sublit. bb and § 63 (3a) becomes the reference "§ 228 (3) UGB" by reference "§ 189a Z 8 UGB" replaced.

4. § 43 (1) reads:

" § 43. (1) The Executive Directors shall ensure the legality of the financial statements and consolidated financial statements, as well as the management reports and group management reports of the credit institutions and credit institutions ' associations. The provisions of the third book of the UGB, with the exception of § § 223 (6), 224, 226 (5), 227, 231, 232 (5), 237 (UGB), are based on the annual accounts, the consolidated financial statements, the management reports and the group management reports, as well as their audit and disclosure. 1 Z 2 and 5, 238 (1) Z 13, 240, 246, 249 (1), 275 para. 2, 278, 279 and 280a UGB. "

5. In accordance with § 43 (1), the following paragraph 1a is inserted:

"(1a) For the purposes of paragraph 1, credit institutions shall be deemed to be of public interest, irrespective of their legal form, in accordance with § 189a Z 1 UGB."

6. In accordance with § 54, the following § 54a is inserted:

" § 54a. Under the heading "extraordinary income" (item 15) and "extraordinary expenses" (item 16), the income and expenses incurred outside the normal business activities of the undertaking shall be shown. "

7. In § 64 (1) the reference "§ § 236 to 240 and 265 UGB" by reference "§ § 203 (4), 203 (5), last sentence, 206 (3) last sentence, 236 to 241 and 265 UGB" replaced.

8. § 64 (2) and (3) reads:

" (2) Credit institutions that have issued participation capital have to make statements in the management report for the purposes of section 243 (3) Z 3 of the UGB.

(3) The indication of the interest rates in accordance with § 237 (1) Z 3 of the UGB in the Annex and in the Group Annex can be maintained. "

9. § 64 (5) deleted.

10. In § 65 paragraph 2 Z 1, the reference "§ § 236 and 239 UGB" by reference "§ 237 (1) Z 1 and 239 UGB" replaced.

11. In § 93 (5) Z 6 lit. e and Z 8 will be the parenthesis "(§ 244 UGB)" by the parenthesis expression "(§ 189a Z 8 UGB)" replaced.

12. In accordance with § 107 (86), the following paragraph 87 is added:

" (87) § 3 (4a) Z 1, § 3 (7) (c), § 5 (1) (c) 9a lit. a sublit. bb, § 28a (5) Z 5 lit. a sublit. bb, § 43 (1) and (1a), § 54a, § 63 (3a), § 64, § 65 (2) (1) (1) and § 93 (5) (6) (6) lit. e and Z 8 in the version of the Federal Law BGBl. I n ° 68/2015 will enter into force on 20 July 2015. Section 64 (5) shall expire on the expiry of the 19 July 2015. The provisions in the version of the Federal Law BGBl. I n ° 68/2015 shall be applied for financial years for the first time for financial years starting after 31 December 2015. On accounting documents for financial years before the 1. The provisions in the version before the Federal Law BGBl will continue to be introduced in January 2016. I n ° 68/2015, whereby in these cases the UGB in the version before the Federal Act BGBl is referred to in the case of references to provisions of the UGB. I n ° 22/2015. "

Article 3

Amendment of the 1989 Stock Exchange Act

The Stock Exchange Act 1989-BörseG, BGBl. N ° 555/1989, as last amended by the Federal Law BGBl. I No 34/2015, shall be amended as follows:

1. § 8 (4) reads:

"(4) Stock exchange companies shall be deemed to be companies of public interest pursuant to § 189a Z 1 UGB (German Commercial Code)."

2. In § 48d (4), the parenthesis shall be "(Section 228 (3) of the UGB)" by the parenthesis expression "(§ 189a Z 8 UGB)" replaced.

3. In § 87 (4) last sentence, the policy reference "Article 43 (1) (7) (b) of Directive 78 /660/EEC" by the policy reference " Art. 2 (3) and Article 17 (1) (lit). r of Directive 2013 /34/EU on the annual accounts, consolidated accounts and related reports of companies of certain types of law and amending Directive 2006 /43/EC and repealing Directives 78 /660/EEC and 78 /660/EEC 83 /349/EEC, OJ No. No. 19., as amended by Directive 2014 /95/EU, OJ L 182, 16.7.2014, p. No. OJ L 330, 15.11.2014 p. 1, " replaced.

4. In accordance with § 102 (40), the following paragraph 41 is added:

" (41) § 8 (4), § 48d (4) and § 87 (4) in the version of the Federal Law BGBl. I n ° 68/2015 will enter into force on 20 July 2015. In the context of accounting documents for financial years preceding the 1. In the version of the Federal Law BGBl (Bundesgesetz BGBl), stock-exchange companies have begun to apply in January 2016, by way of derogation from Section 8 (4). I n ° 68/2015 as large public limited liability companies according to § 221 of the German Commercial Code (UGB) in the version before the Federal Act BGBl. I n ° 22/2015. "

Article 4

Amendment of the E-Money Act 2010

The E-Money Act 2010, BGBl. I n ° 107/2010, as last amended by the Federal Law BGBl. I n ° 59/2014, shall be amended as follows:

1. § 14 (1) first sentence reads:

"E-money institutions which are financial institutions within the meaning of Article 4 (1) (26) of Regulation (EU) No 575/2013 shall apply the provisions of § § 43 (1), (2) and (3), 45 to 59a, 64 and 65 (2) of the BWG."

2. § 14 (3) reads:

" (3) The annual financial statements and, if necessary, the management report or the consolidated financial statements and the group management report of electronic money institutions as well as the consideration of § 3 (3) and (4), § 4 (1) of this Federal Act in conjunction with § 6 para. 1 Z 6 § 4 (3) of this Federal Law in conjunction with Section 7 (1) Z 3 of the ZaDiG, § § 7, 11, 12, 14 para. 1, 15, 16 para. 2 and 20 as well as the other provisions of this Federal Act, § § 18, 19, 21 and 22 ZaDiG, § § 40 to 41 BWG and the German Federal Act on the Obligations of the E-money-Institute in accordance with Regulation (EC) No 1781/2006 on the transmission of information relating to Contracting authorities in the event of transfers of funds shall be examined by a statutory auditor. This examination comprises the organisational structure and the administrative, accounting and control procedures (Section 13 (1) of this Federal Act in conjunction with Section 19 (1) of the ZaDiG), which the directors of directors have in view of the provisions mentioned above. have been established. The result of this examination is to be presented in an annex to the audit report on the annual financial statements (supervisory audit report for electronic money institutions). The result of the examination of the observance of § 3 para. 3 and 4 as well as § § 11, 12 and 14 para. 1 of this federal law is with a positive assurance, the result of the examination on the consideration of § 4 paragraph 1 of this federal law in connection § 6 sec. 1 Z 6 ZaDiG, § 4 (3) of this Federal Act in conjunction with Section 7 (1) Z 3 of the ZaDiG, § § 7, 15, 16 para. 2 and 20 of this Federal Act, § § 18, 19, 21 and 22 ZaDiG, § § 40 to 41 BWG as well as the obligations of the E-Money-Institutes, in accordance with Regulation (EC) No 1781/2006, at least with a negative assurance. With regard to the examination of the observance of other provisions of this Federal Act, the auditor has to report significant perceptions which he has determined in the course of his work, even if this does not require a reporting obligation in accordance with § 27 (1) or (2). The audited financial statements together with the appendix and the management report as well as the consolidated financial statements together with the appendix and the group management report, the audit report of the auditor and the annex to the audit report are the FMA and the Oesterreichische Nationalbank under the terms of section 44 (1) of the Federal Elections Act (BWG). This audit report, together with the installation, is to be submitted to the directors of the E-Money-Institute and to the supervisory bodies of the E-Money-Institute, which are in accordance with the law or the statutes, in such a timely manner that the pre-registration period is met by the FMA and the Oesterreichische National can be. The FMA may fix the type of transmission, form and structure of the annex to the audit report by regulation. FMA may, after hearing the Oesterreichische Nationalbank, prescribe by means of a regulation that an electronic transmission has to comply with certain requirements and minimum technical requirements. FMA is authorized to prescribe, by means of a regulation, that electronic transmission must be made exclusively to the Oesterreichische Nationalbank if, for reasons of economic viability, it is appropriate to do so by electronic means at any time. Availability of the data for the FMA is ensured and supervisory interests are not impaired. "

3. In § 27 (3), the parenthesis shall be "(Section 228 (3) of the UGB)" by the parenthesis expression "(§ 189a Z 8 UGB)" replaced.

4. In accordance with § 41 (5), the following paragraph 6 is added:

" (6) § 14 (1) and (3) and § 27 (3) in the version of the Federal Law BGBl. I n ° 68/2015 will enter into force on 20 July 2015. In the case of accounting documents for financial years, which shall be before 1. January 2016 has begun, is § 14 para. 1 in the version of the Federal Law BGBl. I n ° 68/2015 with the proviso that the provisions of the Federal Elections Act are to be applied in accordance with the provisions of Section 107 (87) of the BWG. Section 14 (3) in the version of the Federal Law BGBl. I n ° 68/2015 applies for the first time to annual financial statements for the 2015 financial year; in the case of annual financial statements for the 2014 financial year, Section 14 (3) is in the version prior to the Federal Law BGBl. I n ° 68/2015. '

Article 5

Amendment of the Financial Conglomerate Act

The Financial Conglomerates Act-FKG, BGBl. I n ° 70/2004, as last amended by the Federal Law BGBl. I No 34/2015, shall be amended as follows:

1. In § 2 Z 9, the reference "§ 244 UGB" by reference "§ 189a Z 6 UGB" replaced.

2. In § 2 Z 10, the reference "§ 244 UGB" by reference "§ 189a Z 7 UGB" replaced.

3. In § 2 Z 11, the reference "Section 228 (1) and (2) of the UGB" by reference "§ 189a Z 2 UGB" replaced.

4. In § 2 Z 12, the policy reference " Art. Article 12 (1) of Directive 83 /349/EEC (OJ L 136, 31.3. No. OJ L 193 of 18 July 1983, p. 1) by the policy reference " Art. 22 (7) of Directive 2013 /34/EU on the annual accounts, consolidated accounts and related reports of undertakings of certain types of law and amending Directive 2006 /43/EC and repealing Directives 78 /660/EEC and 78 /660/EEC, and 83 /349/EEC, OJ No. No. 19., as amended by Directive 2014 /95/EU, OJ L 182, 16.7.2014, p. No. OJ L 330, 15.11.2014 p. 1, " replaced.

5. In § 2 Z 12a the reference "§ 244 UGB" by reference "§ 189a Z 6 UGB" replaced.

6. In § 2 Z 14 lit. a sublit. aa becomes the policy reference " Art. Article 12 (1) of Directive 83 /349/EEC by the policy reference " Art. Article 22 (7) of Directive 2013 /34/EU " replaced.

7. In § 5 paragraph 1 Z 3, the policy reference " Art. Article 12 (1) of Directive 83 /349/EEC by the policy reference " Art. Article 22 (7) of Directive 2013 /34/EU " replaced.

8. In accordance with § 18 (9), the following paragraph 10 is added:

" (10) § 2 Z 9, 10, 11, 12, 12a and 14 lit. a sublit. aa and § 5 paragraph 1 Z 3 in the version of the Federal Law BGBl. I n ° 68/2015 will enter into force on 20 July 2015. "

Article 6

Amendment of the Investment Fund Act 2011

The investment fund law 2011-InvFG 2011, BGBl. I n ° 77/2011, as last amended by the Federal Law BGBl. I No 34/2015, shall be amended as follows:

1. § 10 (6), first sentence reads:

"Management companies must comply with § § 2, 20 to 21, 28 to 28b, 29 to 30, 35 to 39, 39b, 40 to 41, 43 para. 1, 2 and 3, 44 to 68, 70a, 74 to 76, 81 to 91, 93 to 93c and 103q BWG, as well as parts 1, 2 and 4 of Regulation (EU) No 575/2013."

2. In § 70 paragraph 4 Z 4, the policy reference "78/660/EEC" by the policy reference "2013/34/EU" replaced.

3. In § 74, paragraph 7, the policy reference "83/349/EEC" by the policy reference "2013/34/EU" replaced.

4. In § 154 (3), the parenthesis shall be "(Section 228 (3) of the UGB)" by the parenthesis expression "(§ 189a Z 8 UGB)" replaced.

5. § 196 para. 2 Z 14 reads as follows:

" 14.		Directive 2013 /34/EU on the annual accounts, consolidated accounts and related reports of companies of certain types of law and amending Directive 2006 /43/EC and repealing Directives 78 /660/EEC and 83 /349/EEC, OJ L 206, 22.7.2003, p. No. 19., as amended by Directive 2014 /95/EU, OJ L 182, 16.7.2014, p. No. OJ L 330, 15.11.2014 p. 1;

6. In accordance with § 200 (12), the following paragraph 13 is added:

" (13) § 10 para. 6, § 70 sec. 4 Z 4, § 74 para. 7, § 154 para. 3 and § 196 para. 2 Z 14 in the version of the Federal Law BGBl. I n ° 68/2015 will enter into force on 20 July 2015. In the case of accounting documents for financial years, which shall be before 1. January 2016 has begun, is § 10 paragraph 6 in the version of the Federal Law BGBl. I n ° 68/2015 with the proviso that the provisions of the Federal Elections Act are to be applied in accordance with the provisions of Section 107 (87) of the BWG. "

Article 7

Amendment of the Corporate Tax Act 1988

The Corporate Tax Act 1988-KStG 1988, BGBl. N ° 401/1988, as last amended by the Federal Law BGBl. I No 34/2015, shall be amended as follows:

1. In Section 15 (3), the parenthesis shall be "(§ 144 para. 3 D VII VAG 2016)" by the parenthesis expression "(§ 144 para. 3 C VII VAG 2016)" replaced.

2. In accordance with § 26c Z 54, the following Z 55 is added:

" 55.		Section 15 (3) in the version of the Federal Law BGBl. I n ° 68/2015 is 1. Jänner 2016 in force. "

Article 8

Amendment of the National Bank Act 1984

The National Bank Act 1984-NBG, BGBl. No. 50/1984, as last amended by the Federal Law BGBl. I No 4/2015, shall be amended as follows:

1. § 44d together with headline reads:

" Technical Reporting Format

§ 44d. (1) The National Bank of Oesterreichische Nationalbank is authorized to transmit notifications on the basis of Regulation (EC) No 2533/98 concerning the collection of statistical data by the European Central Bank, OJ L 327, 28.10.1998, p. No. 8., as amended by Regulation (EC) No 951/2009 amending Regulation (EC) No 2533/98 on the collection of statistical data by the European Central Bank, OJ L 327, 28.12.2009, p. No. 1, Section 6 of the Foreign Exchange Act 2004, Federal Law Gazette (BGBl). No 123/2003, and § 44 and section 44b (2) of the last sentence of the notifiers referred to in Article 44 (2), to submit by regulation a technical reporting format (data model) which is appropriate for the reporting obligations in standardised, electronic form.

(2) The Oesterreichische Nationalbank (Oesterreichische Nationalbank) has in its Regulation the reporting date, intervals, scope, form, content, outline, level of detail and essential technical specifications for the joint and combined collection of existing To determine the reporting attributes in the data model that are suitable for achieving the reporting purposes referred to in paragraph 1. To the extent that this is appropriate in the interest of the uniform reporting and in support of the reporting requirements, the Oesterreichische Nationalbank has further detailed technical specifications as well as design questions on its homepage. .

(3) The notifiers referred to in § 44 (2) shall have the data model (paragraph 1) for the fulfilment of their reporting obligations to the Oesterreichische Nationalbank. 1). "

2. In § 67 (3) the word order shall be "the third book of the Commercial Code" through the phrase " of the third book of the Company Law Book-UGB, dRGBl. S. 219/1897, " and the citation "§ § 199 and 244 to 267 of the Commercial Code" through the citation "§ § 199, 225 (3) and 6, 227, 237 (1) Z 5, and 244 to 267b UGB" replaced.

3. In § 68 (3), the reference "§ 243 (1) to (3), with the exception of the last sentence of the last sentence of paragraph 2 and (3) Z 2 and Z 5, HGB" by reference Section 243 (1) to (3), with the exception of paragraph 2 of the last sentence and (3) Z 1, 2 and 5, UGB " replaced.

4. In accordance with Section 89 (9), the following paragraph 10 is added:

" (10) § 67 (3) and § 68 (3) in the version of the Federal Law BGBl. I n ° 68/2015 will enter into force on 20 July 2015. "

Article 9

Amendment of the Pensionskassengesetz

The Pensionskassengesetz-PKG, BGBl. No. 281/1990, as last amended by the Federal Law BGBl. I No 34/2015, shall be amended as follows:

1. In Section 23 (1) (3a), the phrase "In the proof according to § 25 (9)" through the phrase "In the Guidelines for Risk Management" replaced.

Section 25 (9) reads as follows:

" (9) The pension fund shall set up risk management for the collection, assessment, management and monitoring of risks arising from the assessment, which shall be proportionate to the nature, scope and complexity of the assessment. The pension fund has to draw up and implement written guidelines for risk management, which must be adapted without delay and must be reviewed at least once a year, in the event of substantial changes. The FMA has to lay down minimum standards for risk management by means of a regulation; in the case of the adoption of this Regulation, it has on the economic interest in a functioning pension system and on the interests of the To take care and entitlement to benefit. Minimum standards shall, in particular, be

1.		risk management process,
2.		risk policy,
3.		risk analysis and risk assessment,
4.		risk management,
5.		asset-liability management,
6.		risk monitoring,
7.		risk documentation,
8.		reporting and
9.		Criteria for the cancellation of the dedication of securities as permanent investment
"

3. In Section 30 (2), the name shall be: "HGB" by the name " Company Code of Law-UGB, dRGBl. S. 219/1897 " replaced.

4. § 30a (3) Z 2 reads:

" 2.		the attachment to be disclosed requires only the information in accordance with § 203 (5), last sentence, § 222 (2), § 223 (1), (2) and (5), § 226 (1), § 237 (1), (1) and (6), § 239 (1) (1) and (2) of the UGB. "

5. In § 31 para. 1, first sentence, the citation "§ 271 and § 271a HGB" through the citation "§ 271 and § 271a UGB" and in the second sentence, the citation "§ 271a HGB" through the citation "§ 271a UGB" replaced.

6. In § 31 para. 2, the citation shall be "§ 270 (3) HGB" through the citation "§ 270 (3) UGB" replaced.

7. In § 31 (3), the citation shall be "§ 273 (2) HGB" through the citation "§ 273 (2) UGB" replaced.

8. In the closing part of § 31a the citation "§ 275 para. 2 HGB" through the citation "§ 275 para. 2 UGB" replaced.

9. In accordance with § 51 (40), the following paragraph 41 is added:

" (41) § 23 (1) (3a), § 25 (9), § 30 (2), § 30a (3) (3) (2), § 31 (1), (2) and (3) and § 31a in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 68/2015 will enter into force on 20 July 2015. "

Article 10

Amendment of the Takeover Act

The Takeover Act-ÜbG, BGBl. I n ° 127/1998, as last amended by the Federal Law BGBl. I n ° 98/2014, shall be amended as follows:

1. In § 1 Z 4 and § 16 (5) the reference is made "§ 228 (3) UGB" by reference "§ 189a Z 8 UGB" replaced.

Section 35 (4) reads as follows:

"(4) In the case of administrative transgressions as referred to in paragraph 1, a limitation period of 18 months shall be applied instead of the limitation period of § 31 paragraph 1 VStG."

3. In accordance with Article 37 (4), the following paragraph 5 is added:

" (5) § 1 Z 4 and § 16 para. 5 in the version of the Federal Law BGBl. I n ° 68/2015 will enter into force on 20 July 2015. "

Article 11

Amendment of the Insurance Supervision Act

The Insurance Supervision Act-VAG, BGBl. No 569/1978, as last amended by the Federal Law BGBl. I No 34/2015, shall be amended as follows:

1. In accordance with Article 119i (37), the following paragraph 38 is added:

" (38) § 130b in the version of the Federal Law BGBl. I n ° 68/2015 will enter into force on 20 July 2015. "

2. The previous text of § 130b receives the sales designation "(1)" . The following paragraph 2 is added:

" (2) As far as the provisions of the Company Code are referred to in this Federal Act, these are, unless arranged otherwise, in the version before the 2014 amendment of the Accounting Amendment Act-RÄG 2014, BGBl. I n ° 22/2015. "

Article 12

Amendment of the Insurance Supervision Act 2016

The Insurance Supervision Act 2016-VAG 2016, BGBl. I n ° 34/2015, as last amended by the Federal Act BGBl. I No 44/2015, shall be amended as follows:

1. In the table of contents, the entry "§ 137 General provisions on the annual accounts, the management report and the corporate governance report" by the entry "§ 137 General provisions on the annual accounts, the management report and the corporate governance report" , the entry "§ 145 Development of assets" by the entry "§ 145 Special provisions concerning the consolidated balance sheet" and the entry "§ 168 Use of the technical information to be submitted by EIOPA:" by the entry "§ 168 Use of the technical information to be provided by EIOPA" replaced.

2. In Section 1 (1) (1) (3) and (69) (4), the word sequence shall be deleted. "on reciprocity" .

3. § 5 shall be amended as follows:

(a) In Z 28 lit. a becomes the reference "pursuant to Art. 4 Z 1, 17 and 22 of Directive 2013 /36/EU" by reference "pursuant to Art. 3 (1), (17) and (22) of Directive 2013 /36/EU" replaced.

(b) Z 54 and 55 are:

" 54.		Implementing Regulation (EU): Delegated Regulation (EU) No 35/2015.
55.		ESRB: the European Systemic Risk Board pursuant to Regulation (EU) No 1092/2010. "

(c) The text of the previous paragraphs 55. , 56. and 57. is given the name "56." , "57." and "58."

4. In § 12 paragraph 1 Z 2, the term "the insurance undertaking" by the term "the insurance or reinsurance undertaking" and in Z 3 the term "other insurance undertakings" by the term "other insurance undertakings or reinsurance undertakings" replaced.

5. In § 16 para. 2, first sentence, the reference "§ 10 (2) and (3)" by reference "§ 10 (1) to (3)" replaced.

6. § 19 (4) reads:

" (4) Domitic branches of third country insurance undertakings with registered offices in the Swiss Confederation shall not be subject to a separate own-aid requirement. § 10 (2) (3) and (3), § 14 (1) (1), (1), (5), (6) and (8) and § 16 (2) Z 1 shall not apply. The obligation pursuant to Article 14 (1) (4) of the Directive on the establishment of a solvency balance according to 1. Section of the 8. The main part is deleted. "

7. In § 50 (3) the reference "§ 92 to 94 AktG" by reference "§ 92 (1) to (4) and (5), § 93 and § 94 AktG" and in Section 50 (4), the reference "§ 95 para. 2, 3, 4, 5 and 6 AktG as well as § 96 and § 97 AktG" by reference "§ 95 (2), (3), (5), (6) and (7), § 96 and § 97 AktG" replaced.

8. In § 54, paragraph 4, the reference "§ 41 (4)" by reference "§ 42 (7)" replaced.

9. In § 55 (2), the reference "§ 195 para. 3 and 4 first sentence and § 196, § 197 and § 198 AktG" by reference "§ 195 (1a), (3) and (4) first sentence and § 196, § 197 and § 198 AktG" replaced.

10. In § 62 (2), last sentence, the word order is deleted "or untaxed reserves" .

11. § 71 (1) reads:

"(1) The own funds of small insurance clubs shall consist of the Founding Fund, where it may be used to cover losses, the security reserve, the risk-taking situation and the other reserves."

12. In § 74, the second sentence is deleted in para. 1 and it shall be referred to in paragraph 2 after the word "Approval" the phrase "this sentence change" inserted.

Section 79 (1) reads as follows:

" (1) In the first three months of the financial year, the Management Board of a small insurance association shall draw up the financial statements and a management report for the previous financial year. In the first five months of the financial year, the supreme body shall decide on the determination of the annual financial statements. § 137 (1), § 140 (5) and (6), § 143 (1), § 147 (1) (1) to (3), (6) and (7) and (2), § 149 (1) to (3), § 151 and § 153 shall apply mutaly to the accounts of small insurance companies. The risk reserve shall be supplied to 10 vH of the annual follow-up until it reaches 25 vH of the statutory amount of the safety reserve. The risk reserve shall be used before the safety reserve to cover losses. "

Section 89 (1) Z 2 reads as follows:

" 2.		the capital reserves, the profit reserves and the risk reserve and "

15. In § 89 (7) and § 263 (1) Z 6, the reference "§ 149 (2) last sentence" by reference "§ 149 (2) second sentence" replaced.

16. In § 91 (2), the word "between" by the word "for" and the word "Men" by the word "Men" replaced.

17. In § 98 (3), second sentence, the word "on" and the phrase "and defendants" .

18. In Section 109 (3), the phrase "An outsourcing may not be carried out," through the phrase "An outsourcing of critical or important operational functions or activities shall not be carried out," replaced.

19. In Section 116 (8), the reference "§ 261 (4)" by reference "§ 123 (7)" replaced.

(20) In § 127 (1) (3) and (4) the reference shall be made "§ 228 (3) UGB" by reference "§ 189a Z 8 UGB" replaced.

21. § 133 (3) last sentence reads:

"The agreement of the customer shall contain the indication that he or another person concerned is entitled to lodge a complaint for breach of his rights to the Federal Administrative Court."

22. In § 133 (8), the word order shall be "within the meaning of section 129 (2)" through which the word sequence "within the meaning of section 129 (2)" replaced.

23. § 136 with headline reads:

" Applicability of the UGB, of the AktG and of the SE Act

§ 136. (1) The following provisions shall apply to the accounts and the consolidated accounts:

1.		in the case of insurance and reinsurance undertakings and small insurance undertakings in the legal form of a public limited company, the provisions of the UGB for companies of public interest, insofar as this federal law determines nothing else;
2.		for insurance and reinsurance undertakings in the legal form of a European Company (SE), the provisions of the UGB for large public limited companies and companies of public interest and the provisions of the SE Act, to the extent that: that federal law does not determine anything else;
3.		for insurance and reinsurance undertakings as well as small insurance undertakings in the legal form of a mutual insurance association, which is not a small insurance association, the provisions of the UGB for companies of public undertakings Interest, insofar as this federal law does not determine anything else. § 96, § 104 and § 108 of the German Stock Corporation Act (AktG) are to be applied in accordance with Section 137 (2) and § 138 (3) of the Act;
4.		for insurance associations whose subject matter is limited to the management of property (Section 63 (3)), and private foundations (§ 66 para. 1) the provisions of the UGB for large companies, insofar as this federal law does not determine anything else.

(2) The accounts of branches of third country insurance and third country reinsurance undertakings shall apply mutagenously to the provisions of the UGB for undertakings of public interest, insofar as this federal law does not otherwise apply to undertakings of the public interest. "

24. In the title of § 137 and in § 137 (2) as well as in § 248 (2) 2 Z 3, the word sequence is "Corporate Governance Report" through the phrase "Corporate Governance Report" replaced.

25. In § 137 (4), after the word "Insurance undertakings" the phrase "and reinsurance undertakings" inserted.

26. In § 138 (8), third sentence, the reference "§ 266 Z 4 UGB" by reference "§ 266 Z 4 in conjunction with Section 237 (1) Z 6 UGB" replaced.

27. § 140 (9) reads:

"(9) Under the items" extraordinary returns "(Section 146 (5) (8)) and" extraordinary expenses "(Section 146 (5) (9)), income and expenses incurred outside the ordinary business activities of the company are to be shown"

28. In § 140 (11) the reference "§ 237 Z 1 and § 266 Z 1 UGB" by reference "§ 237 (1) Z 5 and § 266 Z 3 UGB" replaced.

29. In § 141 (1), first sentence, the word "are" .

30. In § 141 (3) and (4), the reference "Items A., B. and C." in each case by the reference "item A. and B." replaced.

31. § 143 (3) deleted.

32. § 144 shall be amended as follows:

(a) The items A.I. to A. IV of the second paragraph are:

" I.			Goodwill acquired goodwill
II.			Expenses for the acquisition of an insurance order
III.			Other intangible assets
IV.			Difference in amount pursuant to § 254 (3) UGB (applies only to the consolidated balance sheet) "

(b) Item F. III. of paragraph 2 shall be replaced by the name " III. Other assets " ; the item F. IV. of paragraph 2 is deleted.

(c) item I. of paragraph 2 shall be replaced by the name " I. Active Deferred Taxes " ; after that the following items are added: J. to M.:

" J.		Accounting items between departments
K.		Assets originating from credit institutions (for the application of § 145)
L.		Assets originating from other companies with industry-specific accounting rules (for the application of Section 145)
M.		Assets originating from other other companies (for the application of § 145) "

(d) The item A.I. 1. of paragraph 3 reads as follows:

" 1.				Nominal Amount
				of which own shares "

(e) item A.V. of paragraph 3 shall be replaced by the name " V. Risk Backlog " .

(f) After item A.VI of paragraph 3, the following item is A. VII. inserted:

" VII.			Balancing items for shares of other shareholders (applies only to the consolidated balance sheet) "

(g) item B. of paragraph 3 shall be replaced by the name " B. Subordinated Liabilities " ; the previous items B.I. to B. III of paragraph 3 are deleted.

(h) item C. of paragraph 3 shall be replaced by the name " C. Difference in amount pursuant to § 254 (3) UGB (applies only to the consolidated balance sheet) " .

(i) Item F. IV. of paragraph 3 shall be replaced by the name " IV. Provisions for Passive Deferred Taxes " ; thereafter the following item F. V. shall be inserted:

" V.			Other provisions "

(j) The following items (K. to M.) shall be added after item J. of paragraph 3:

" K.		Provisions, liabilities and accounts payable by credit institutions (for the application of Section 145)
L.		Provisions, liabilities and accounting policies derived from other companies with sector-specific accounting rules (for the application of § 145)
M.		Provisions, liabilities and accounting items originating from other other undertakings (for the application of Section 145) "

(k) paragraphs 5 to 9 are deleted.

33. § 145 with headline reads:

" Special provisions relating to the consolidated balance sheet

§ 145. If companies are consolidated in the consolidated financial statements, which are not included in the determination of the group's solvency, the assets and liabilities of these companies must be identified separately (item K. to M. of § 144 para. 2 and 3). "

34. § 146 (5) Z 13 and 14 reads:

13.		Resolution of reserves
a)			Resolution of capital reserves
b)			Resolution of the security reserve
c)			Resolution of the legal reserve pursuant to § 229 (6) of the UGB
d)			Resolution of other statutory reserves
e)			Resolution of the free reserves
f)			Resolution of the risk backlog
14.		Allocation to reserves
a)			Allocation to the security reserve
b)			Allocation to the statutory reserve pursuant to § 229 (6) UGB
c)			Allocation to other statutory reserves
d)			Allocation to free reserves
e)			Allocation to the risk backlog

Section 148 (2) shall be deleted; the previous paragraph 3 shall be replaced by the name "(2)" .

36. In § 149 (2), the word order shall be "Depreciation to the lower value" through the phrase "Depreciation at the lower fair value" replaced.

37. § 150 (4) reads:

"(4) The provisions of § 198 (8) (3) and (211) of the UGB (UGB) shall not apply to technical provisions."

38. In § 155 (1) (2) and (3), the term shall be: "Reinprofit" by the term "Balance sheet profit" replaced.

39. The previous text of Section 155 (2) Z 1 is given the title "1a." ; in front of it the following Z 1 is inserted:

" 1.		the development of items A, B, I and II of section 144 (2) of the overall balance sheet, with regard to the balance sheet values at the end of the previous financial year, the entries, the rebookings, the exits, the attributions and the depreciation and amortisation to be listed separately in the financial year as well as the balance sheet values at the end of the financial year; Section 226 (1) of the UGB shall not apply; "

40. § 155 (2) Z 7 reads:

" 7.		Amounts which are of greater importance under headings A.III., B. III. 8., D. IV. and F. III of § 144 (2) and D. VII., F. V. and H. V. of § 144 (3) and are of greater importance; claims are, in any case, required if these amounts are 5 vH of the balance sheet total ; "

41. In § 155 paragraph 2 Z 12 lit. e is the reference "§ 237 Z 4 and 13 UGB" by reference "§ 238 (1) (13) and § 239 (1) Z 2 UGB" replaced.

42. According to Article 155 (3), the following paragraph 3a is inserted:

' (3a) Are the amounts of items 8. and 9. of section 146 (5) for the assessment of the earnings situation, they shall be explained in respect of their amount and nature in the notes and in the Group annex. This shall also apply to income and expenses which are attributable to another financial year, provided that it is not expenses for insurance cases. "

43. § 155 (4) to (6) reads:

" (4) The data according to § 237 (1) Z 2 UGB do not extend to contingent liabilities arising from insurance contracts.

(5) The individual investments pursuant to item B. of section 144 (2) are to be listed in the notes and in the consolidated financial statements with the time values. In addition, the valuation methods used for the calculation of these investments must be indicated, for which land and buildings also the allocation after the year of their valuation, and for all other capital investments, the reasons for the Application of evaluation methods.

(6) Time value shall be:

1.		for land and buildings, the value which at the time of the assessment is based on a contract between a seller willing to sell and a buyer not connected by personal relations on the basis of a contract under private law, on condition that: The property is open on the market, that the market conditions of an orderly sale are not in the way and that a negotiation time appropriate to the meaning of the object is available. The time value is to be determined in the estimation path. The estimate shall be made at least every five years for each individual property or building. If the value of the building or plot has been reduced since the last estimate, a corresponding value adjustment shall be made which is to be maintained until the next time-value determination (estimate). In the case of the sale of the property or building up to the balance sheet date, and in the case of an existing divestment view, the time value is to be reduced by the estimated implementation expenses.
2.		for investments which have a market price or a market price, the value at the balance sheet date or the last day preceding that date, for which a market price or market price was detectable. In the case of the sale of the capital investment up to the balance sheet date and in the case of an existing divestment view, the time value is to be reduced by the estimated realization expenses. The assessment shall be taken into account at the expected level of value, taking into account the prudence of the business. "

44. According to Article 155 (7), the following paragraphs 7a and 7b are inserted:

" (7a) Item A. IV. of section 144 (2) and item C. of Section 144 (3) as well as substantial changes to these items as compared to the previous year shall be explained in the context of the Group's notes. If differences in the assets side are billed with those of the liabilities side, these calculated amounts shall be reported in the consolidated financial statements.

(7b) The composition of the items in accordance with § 145 shall be presented in the context of the consolidated financial statements in accordance with the sectoral rules. In this case, a breakdown shall be made which corresponds at least to the items of the balance sheet scheme referred to in section 224 of the UGB, referred to in capitals and Roman numerals. This provision should be applied in accordance with the rules applicable to undertakings for which sector-specific accounting rules exist. Where appropriate, the items shall be explained. FMA may prescribe more detailed rules for the disclosure of these statements by regulation. "

45. § 155 (17) reads:

"(17) § 237 (1) Z 6, § 239 (1) (1) (1) and (§ 240) of the UGB (UGB) shall not apply."

46. § 156 (1) (1) (1) reads:

1.		the parts of the business management which are outsourced in accordance with § 109 to another company, under the name and registered office of the undertaking, and

47. § 246 (3) reads:

" (3) Insurance companies have the details of the appendix pursuant to § 198 (9), § 203 (5), last sentence, § 222 (2), § 223 (2), § 237 (1) Z 1, 2 and 7, § 238 (1) Z 7, 8, 14, 15, 16 and 19, § 239 (2) and § 241 Z 6 UGB, and the information according to § § 198 (2), § § 238 (1). Article 140 (9), § 145 and § 155 in the "Official Journal of the Wiener Zeitung" or in another newspaper with distribution throughout the territory of the Federal Republic of Germany. "

48. In § 264 (3), the reference "pursuant to § 263 (1) (1) and (7), (2) (1) and (2) (2) Z 4 lit. a" by reference "pursuant to § 263 (1) (1) and (8) (2) (1) and (2) (2) Z 4 lit. a" replaced.

49. § 267 (3) reads:

" (3) The FMA has in the enforcement of the provisions of this Federal Law, including the release and enforcement of the regulations adopted pursuant to this Federal Act, in the enforcement of the Implementing Regulation (EU) and the technical Standards (EU) of European convergence of supervisory instruments and supervisory procedures. To this end, the FMA shall participate in the activities of EIOPA, cooperate with the ESRB, apply the guidelines (EIOPA) and the recommendations (EIOPA) and other measures adopted by the EIOPA, as well as those adopted by the ESRB in accordance with Article 16 of Regulation (EU) No 1092/2010, and recommendations. The FMA may derogate from the Guidelines (EIOPA) and Recommendations (EIOPA), provided there are legitimate reasons for this, in particular contradiction to federal regulations. "

50. § 271 is amended as follows:

(a) para. 1 reads:

" (1) The personal and material expenses incurred by the FMA on insurance supervision, with the exception of the costs in accordance with § 304 (3) second sentence, shall be reimbursed to the FMA by the companies referred to in § 1 paragraph 1. EEA insurance and EEA reinsurance undertakings shall be reimbursed only if they have established a branch in the territory of the country. "

(b) In paragraph 2, first sentence and (4), the word "Charge" by the word "Cost" replaced.

(c) In paragraph 3, first sentence and last sentence, the word shall be: "Charge Rate" by the word "Cost Set" replaced.

(d) In paragraph 3, fourth sentence, the word order shall be "an amount of minimum fee" through the phrase "Minimum cost of consideration" replaced.

Section 294 (3) Z 2 reads as follows:

" 2.		the ESRB, where such information is relevant to the performance of its tasks and "

52. In Section 333 (1) Z 2, before the reference "§ 5 Z 4" the word "according to" inserted.

53. In § 333 (1) Z 7 last sentence, after the word "apply" Insert a dash.

Section 333 (5) reads as follows:

" (5) For participation capital required at the time of the entry into force of this Federal Act, in accordance with Section 73c (1) of the Insurance Supervision Act, BGBl. No. 569/1978, as amended by the Federal Law of the Federal Republic of Germany (BGBl). In the balance sheet and the consolidated balance sheet, I n ° 68/2015 is on the passive side of item A. III. To include equity capital and to expel the participation capital. In this case, items A III to A. VI of Section 144 (3) of the balance sheet and the consolidated balance sheet are to be described as A. IV. to A. VII. and in the consolidated balance sheet of items A.VII. as A. VIII. If the insurance or reinsurance undertaking holds its own participation certificates, the management report and the group management report for own participation certificates of the company have the necessary shares for own shares in accordance with § 243 para. 3 Z 3 UGB Information to be included. "

55. According to Section 333 (8), the following paragraphs 9 and 10 are added:

" (9) For the financial statements and consolidated financial statements for financial years prior to the 1. Jänner 2016 have started, are the provisions of the Insurance Supervision Act, BGBl. No. 569/1978 in the version of the Federal Law BGBl. I No 68/2015.

(10) The untaxed risk reserves reported as at 31 December 2015 shall, in so far as the passive deferred taxes contained therein are not to be returned to the provisions, be directly into the financial year starting after 31 December 2015. Withdrawal of a risk (item A. V. of § 144 (3)). "

56. § 335 (9) and (10) are:

" (9) By 31 December 2025, basic own-resource components shall be included in the Tier 1 basic own resources, provided that these ingredients are:

1.		depending on which is the earlier date, before the 1. January 2016 or before the entry into force of the delegated act in accordance with Article 97 of Directive 2009 /138/EC,
2.		31 December 2015 in accordance with the Insurance Supervision Act BGBl. No. 569/1978 in the version of the Federal Law BGBl. I n ° 42/2014 up to an amount up to 50 vH of the own resources requirement, and
3.		otherwise they would not be classified in Tier 1 or Tier 2 in accordance with § 172.

(10) By 31 December 2025, basic own-resource components shall be included in the Tier 2 basic own resources, provided that these components are:

1.		depending on which is the earlier date, before the 1. January 2016 or prior to the entry into force of the delegated act in accordance with Article 97 of Directive 2009 /138/EC, and
2.		31 December 2015 in accordance with the Insurance Supervision Act BGBl. No. 569/1978 in the version of the Federal Law BGBl. I n ° 42/2014 up to an amount of up to 25 vH of the own resources requirement. "

Section 336 (3) reads as follows:

" (3) Only life insurance and life reinsurance obligations, which meet the following requirements, shall be considered as eligible insurance and reinsurance obligations:

1.		The contracts resulting from the life insurance and life reinsurance obligations were set out before 1 January 2008. Jänner 2016 completed, with the exception of contract renewals on or after this date,
2.		Technical provisions have been made for the life insurance and life reinsurance obligations until 31 December 2015 in accordance with the Insurance Supervision Act BGBl. No. 569/1978, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 42/2014 and
3.		§ 166 shall not apply to these life insurance and life reinsurance obligations. "

58. § 340 together with headline reads:

" Entry into force of changes due to government templates of the Federal Minister for Finance

§ 340. § 1 Para. 1 Z 3, § 5 Z 28 lit. a and Z 54 to 58, § 12 sec. 1 Z 2, § 16 para. 2, § 19 para. 4, § 50 para. 3 and 4, § 54 para. 4, § 55 para. 2, § 62 para. 2, § 69 para. 4, § 71 para. 1, § 74, § 79 para. 1, § 89 para. 1 Z 2 and para. 7, § 91 para. 2, § 98 para. 3, § 109 para. 3, § 116 para. 8, § 127 1 Z 3 and 4, § 133 (3) and (8), § 136, § 137, § 138 (8), § 140 (9) and (11), § 141 (1), (3) and (4), § 144 (2) and (3), § 145, § 146 (5) Z 13 and 14, § 148, § 149 (2), § 150 (4), § 155 (1) (2) and (3), (2) Z 1, 1a, 7 and 12 lit. e, Section 3a, 4 to 6, 7a, 7b and 17, § 156 (1) Z 1, § 246 (3), § 248 (2) Z 3, § 263 (1) Z 6, § 264 (3), § 267 (3), § 271, § 294 (3) (2), Section 333 (1) (2) and (7), (5), (9) and (10), Section 335 (9) and (10), Section 336 (3). and § 342 (3) (7) and (8) in the version of the Federal Law BGBl. I n ° 68/2015 is 1. Jänner 2016 in force; at the same time § 143 (3) and § 144 (5) to (9) are repeal. "

59. In § 342 (3) Z 7, the point after the quote " OJ No. L 279 of 19.10.2013 p. 2 " is replaced by a stroke, and after Z 7 the following Z 8 is added:

" 8.		Delegated Regulation (EU) No 35/2015 supplementing Directive 2009 /138/EC of the European Parliament and of the Council as regards the taking-up and pursuit of the business of insurance and reinsurance (Solvency II), OJ L 376, 27.12.2009, p. No. OJ L 12, 17.01.2015, p. 1.

60. In Section 345 (1):

" (1) With the entry into force of this federal law, the Insurance Supervision Act, BGBl. No. 569/1978 in the version of the Federal Law BGBl. I n ° 68/2015, and all regulations issued on the basis of this Federal Act, with expiry of 31 December 2015. "

Article 13

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 No 34/2015, shall be amended as follows:

1. In § 1 Z 23 and 26 the reference "§ 244 (1) and (2) UGB" by reference "§ 189a Z 6 UGB" replaced.

2. In § 1 Z 24 the reference "§ 244 (1) and (2) UGB" by reference "§ 189a Z 7 UGB" replaced.

3. In Section 73 (1), the reference § § 43, 45 to 59a, 64 and 65 (1) and (2) BWG " by reference "§ § 43 (1), (2) and (3), 45 to 59a, 64 and 65 (1) and (2) of the BWG" replaced.

4. In accordance with § 108 (20), the following paragraph 21 is added:

" (21) § 1 Z 23, 24 and 26 and section 73 (1) in the version of the Federal Law BGBl. I n ° 68/2015 will enter into force on 20 July 2015. In the case of accounting documents for financial years, which shall be before 1. Jänner 2016 has begun, is § 73 paragraph 1 in the version of the Federal Law BGBl. I n ° 68/2015 with the proviso that the provisions of the Federal Elections Act are to be applied in accordance with the provisions of Section 107 (87) of the BWG. "

Article 14

Amendment of the Payment Services Act

The Payment Services Act-ZaDiG, BGBl. I n ° 66/2009, as last amended by the Federal Law BGBl. I n ° 59/2014, shall be amended as follows:

1. In § 3 Z 27, the policy reference " Art. Article 12 (1) of Directive 83 /349/EEC on consolidated accounts by the policy reference " Art. 22 (7) of Directive 2013 /34/EU on the annual accounts, consolidated accounts and related reports of undertakings of certain types of law and amending Directive 2006 /43/EC and repealing Directives 78 /660/EEC and 78 /660/EEC, and 83 /349/EEC, OJ No. No. 19., as amended by Directive 2014 /95/EU, OJ L 182, 16.7.2014, p. No. OJ L 330, 15.11.2014 p. 1, " replaced.

2. § 25 (1) first sentence reads:

"Payment institutions which are financial institutions within the meaning of Article 4 (1) (26) of Regulation (EU) No 575/2013 shall apply the provisions of § § 43 (1), (2) and (3), 45 to 59a, 64 and 65 (2) of the BWG."

3. § 25 (3) reads:

" (3) The annual financial statements and, if necessary, the management report or the consolidated financial statements and the group management report of payment institutions, as well as the consideration of § 5 (2), (3) and (5), § 6 (1) Z 6, § 7 (1) Z 3, § 11 para. 2, § § 15 to 19, 21, 22, 23 (2) and 25 (1), as well as the other provisions of this Federal Act, Articles 40 to 41 of the Federal Elections Act and the obligations of the payment institution pursuant to Regulation (EC) No 1781/2006 concerning the transmission of information to the payer at Transfers of funds are to be considered by a statutory auditor. This examination comprises the organisational structure and the administrative, accounting and control procedures (Section 19 (1)), which the directors have established with regard to the provisions in question. The result of this examination is to be presented in an annex to the audit report on the annual financial statements (supervisory review report for payment institutions). The result of the examination of the observance of § § 5 (5), 15, 16, 17 and 25 (1) of this Federal Act is with a positive assurance, the result of the examination of the observance of § 5 para. 2 and 3, § 6 para. 1 Z 6, § 7 para. 1 Z 3, § § 11 Paragraph 2, 18, 19, 21, 22 and 23 (2) of this Federal Law, of Sections 40 to 41 of the Federal Elections Act and of the obligations of the payment institution in accordance with Regulation (EC) No 1781/2006, at least with a negative assurance. With regard to the examination of the observance of other provisions of this Federal Act, the auditor has to report significant perceptions which he has determined in the course of his work, even if this does not require a reporting obligation in accordance with § 65 (1) or (2). The audited financial statements together with the appendix and the management report as well as the consolidated financial statements together with the appendix and the group management report, the audit report of the auditor and the annex to the audit report are the FMA and the Oesterreichische Nationalbank under the terms of section 44 (1) of the Federal Elections Act (BWG). This audit report, together with the installation, shall be submitted to the directors of the payment institution and to the supervisory bodies of the payment institution in accordance with the law or the articles of association in such a timely manner that the pre-payment period shall be adhered to to the FMA and the Oesterreichische Nationalbank. can be. The FMA may fix the type of transmission, form and structure of the annex to the audit report by regulation. FMA may, after hearing the Oesterreichische Nationalbank, prescribe by means of a regulation that an electronic transmission has to comply with certain requirements and minimum technical requirements. FMA is authorized to prescribe, by means of a regulation, that electronic transmission must be made exclusively to the Oesterreichische Nationalbank if, for reasons of economic viability, it is appropriate to do so by electronic means at any time. Availability of the data for the FMA is ensured and supervisory interests are not impaired. "

4. § 27 (4) Z 1 reads:

" 1.		if discounts are offered by the payee, the payer; "

5. In § 65 (3), the parenthesis shall be "(Section 228 (3) of the UGB)" by the parenthesis expression "(§ 189a Z 8 UGB)" replaced.

6. § 76 (2) Z 7 reads:

" 7.		Directive 2013 /34/EU on the annual accounts, consolidated accounts and related reports of companies of certain legal forms and amending Directive 2006 /43/EC of the European Parliament and of the Council and repealing the Directives 78 /660/EEC and 83 /349/EEC, OJ L 206, 22.7.1983, p No. OJ L 182 of 29.06.2013 p. 19;

7. In accordance with § 79 (11), the following paragraph 12 is added:

" (12) § 3 Z 27, § 25 (1) and (3), § 65 (3) and section 76 (2) (7) (7) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 68/2015 will enter into force on 20 July 2015. In the case of accounting documents for financial years, which shall be before 1. Jänner 2016 has begun, is § 25 paragraph 1 in the version of the Federal Law BGBl. I n ° 68/2015 with the proviso that the provisions of the Federal Elections Act are to be applied in accordance with the provisions of Section 107 (87) of the BWG. Section 25 (3) in the version of the Federal Law BGBl. I n ° 68/2015 is to be applied for the first time at annual financial statements for the 2015 financial year; in the case of annual financial statements for the 2014 financial year, section 25 (3) is in the version before the Federal Law BGBl. I n ° 68/2015. '

Fischer

Faymann