270. 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 n ° 60/2007, and Section 90 (2) of the Securities and Markets Act 2007-WAG 2007, BGBl. I n ° 60, shall be assigned:

The FMA-Cost Ordinance-FMA-KVO, BGBl. II No 340/2003, as last amended by the BGBl Regulation. II No 399/2004, shall be amended as follows:

1. In § 1 Z 2, the reference "§ 7 (1) WAG" by reference "§ 90 Abs. 1 WAG 2007" replaced.

2. § 3 (1) Z 3 reads:

" 3.		Paid in accordance with § 90 Abs. 1 WAG 2007,
a)			have made transactions with reporting instruments pursuant to § 64 WAG 2007 (notifiable institutions), or
b)			whose instruments subject to notification were admitted to a regulated market or other stock exchange according to Article 2 of the Austrian Stock Exchange Act (BörseG), but with the exception of the federal government (issuer), or
c)			which have been granted a concession for the provision of investment services pursuant to Section 3 (2) of the WAG 2007, companies of the contract insurance which have carried out brokerage transactions in accordance with § 3 paragraph 3 VAG, as well as capital investment companies according to § 2 (1) InvFG 1993, which provided services in accordance with Section 3 (2) (2) (1) and (2) of the WAG 2007 (provider of investment services); "

3. In § 6 para. 1 Z 3 the reference § § 7 (1) and (2), 10, 23 and 23a WAG in conjunction with Section 14 (2) and § 15 " by reference § § 2 (2) and (3), 64, 73, 74 and 90 WAG 2007 in conjunction with Section 14 (2) and § 15 " replaced.

4. § 7 (4), first sentence reads:

" (4) In the case of paragraph 3, the FMA is entitled to the share of the costs of a person who has been granted a concession for the provision of investment services in accordance with Section 3 (2) WAG 2007 on the basis of the costs of the concession pursuant to § § 3 (2) WAG 2007. 3 (8) of WAG 2007 in conjunction with Section 4 (3) (3) of the Federal Elections Act (BWG) to be determined. "

Article II shall read:

" Article II

Special part (constituency 3)

General principles of cost support

§ 10. The accounting group 3 (supervision of securities) consists of the following taxable persons, each of which forms a separate sub-accounting circuit:

1.		Notifiable institutions according to § 3 paragraph 1 Z 3 lit. a (sub-accounting circuit 1);
2.		Issuers with the exception of the federal government pursuant to § 3 paragraph 1 Z 3 lit. b (Subaccounting circuit 2);
3.		Providers of investment services in accordance with § 3 (1) Z 3 lit. c (Subaccounting circuit 3).

Minimum flat rate

§ 11. (1) On the basis of the cost measurement established in accordance with the provisions of this Regulation, there shall be a pre-paid cost share of less than EUR 100 per costing and subject to charge, the cost estimate shall be based on the To be paid in accordance with § 10 Z 1 and 2 for the fair consideration of the share of the fixed costs of the FMA for a full 100 Euro.

(2) The FMA is entitled, in the allocation of the annual costs, to set a minimum flat-rate amount of 100 euros per person charged and to compensate for the calculation of surpluses in such a way that the compensation shall be gradually within a group of In the case of notifiable institutions affiliated to a central institution, on the one hand, and other institutions subject to notification, on the other hand, shall be considered as a group of persons liable to pay the costs.

(3) The minimum flat rate for providers of investment services in accordance with § 3 (1) Z 3 lit. c is 250 Euro.

Subaccounting Circle 1 (Reporting Institutions)

§ 12. (1) Reported shops and cancellation charges shall be weighted for the purposes of cost measurement. A weight of 100 vH shall be allocated to the transactions reported and to the cancellation policy, unless particular weighting factors as referred to in paragraphs 2 to 4 apply to individual business types. Stornomials and the messages on which they are based are to be treated separately as paid shops.

(2) In the case of credit institutions which are affiliated to a central institution (Section 25 (10) (e) of the Federal Elections Act) and which are not entitled to resolve the connection to the Central Institute in accordance with Section 25 (13) of the BWG, the weight referred to in paragraph 1 shall be replaced by a Weighting of 6.9 vH, if the immediate client is a customer according to § 6 (3) of the Securities-Reporting Ordinance 2007-WPMV 2007, BGBl. II No 217/2007, in conjunction with Article 13 (4) of Regulation (EC) No 1287/2006, and as a counterparty pursuant to Section 5 of the WPMV 2007 in conjunction with Annex I, Table 1 (20) of Regulation (EC) No 1287/2006, the competent central institute or another the same credit institution as the competent central institution. However, for intra-sectoral transactions between affiliated credit institutions, the weighting referred to in paragraphs 1, 3 and 4 shall apply. For the purposes of cost measurement, intra-sectoral transactions, with the exception of transactions between affiliated credit institutions, shall be considered to be a chargeable transaction, the costs of which shall be required by that sector institution, which shall: unable to forward the business within the internal sector to a notifiable business. The competent central institution and the affiliated credit institutions shall provide the FMA with the necessary reference data by 31 March of the following year.

(3) If the instrument to which the reported transaction relates is debt securities, cash notes, Pfandbriefe and municipal debt securities or commercial papers, the weight in accordance with paragraph 1 shall be reduced to 1.2 vH.

(4) If the reported transaction is concluded by the notifiable institution in the course of its activity as a market maker pursuant to § 56 (1) BörseG or as a market maker in instruments pursuant to § 12 para. 3, the weight shall be reduced in accordance with paragraph 1 to 2.9 vH. The latter market-maker transactions are concluded on the basis of published purchase and sales courses, between which a maximum range of 0.2 vH of the average value between the supply and sale offers is in each case.

(5) A cumulative application of (2) and (3) shall take place. A further cumulative application of paragraphs 2 to 4 shall not take place, even if the reported transaction meets the requirements of several of the above paragraphs.

§ 13. The FMA has to determine the amount of the amounts to be paid to the taxable persons in accordance with § 10 Z 1, calculated according to their share of the reported transactions in the total number and total volume of the transactions reported, with the transactions in the The ratio of the relations according to § 12 (1) to (4) shall be weighted. In the calculation of the share, the number and volume of the transactions shall be in the ratio of 60 vH to 40 vH. For the conversion of the declared foreign currency amounts, the euro, reference and exchange rates of the European Central Bank (ECB) are to be used for the business closure day. If the euro, reference and exchange rate of the ECB is not available for a currency, the rate published by the Oesterreichische Nationalbank (OeNB) shall be used for the last of the month in which the closing date of the business is situated.

Subaccounting Circle 2 (Issuers)

§ 14. (1) The FMA shall determine the amounts paid to the taxable persons in accordance with § 10 (2) (2) in detail, calculated on the basis of their share in the domestic exchange rates of the instruments subject to reporting requirements, which shall apply during the calendar year concerned. a regulated market or other stock exchange according to § 2 BörseG. The FMA is entitled to collect information on the approved instruments for the purpose of determining these costs for the holding of a regulated market or other stock exchange pursuant to § 2 BörseG for the operation of a regulated market or other stock exchange, and cost calculation, whereby the instruments subject to reporting (equities and borrowings) are to be weighted with 100 vH, unless § 12 (3) applies.

(2) The stock exchange company licensed to operate a regulated market or other stock exchange pursuant to § 2 BörseG shall have the corresponding reference data for the FMA until 31 March of the following year, taking into account the new first-time public authorisations for official trading or regulated free movement (IPOs) and any changes that have occurred in the meantime, in particular changes in the ISI numbers, delistings, capital measures (in particular: (a) and transfer of and to official trade and/or regulated free circulation, to be made available.

Sub-accounting circuit 3 (investment services)

Reporting obligation

§ 15. (1) The taxable persons in accordance with § 10 Z 3 shall forward to the FMA the reference data of the previous financial year audited by auditors by 30 June of the following year. In the case of investment services companies in accordance with § 4 WAG 2007, the requirement for the examination of the reference data is no longer necessary.

(2) The reference data referred to in paragraph 1 shall be subject to turnover from investment services for the FMA financial year in question. These revenues do not include those revenues which have been passed on by a taxable person in accordance with § 10 Z 3 to other charged persons in accordance with § 10 Z 3 and which are to be reported by the latter as reference data in accordance with paragraph 1.

Calculation of cost contributions

§ 16. (1) The share of the cost of an investment firm or of an investment service undertaking for an FMA financial year shall be determined by the ratio of the revenue from the investment services business of the individual investment firm or the individual Investment services undertaking to the total turnover of all investment firms and investment services firms. In the case of companies of the contract insurance, only 67 vH of the proceeds from mediation transactions according to § 3 paragraph 3 VAG must be taken into consideration. In the case of capital investment companies, 67 vH of the proceeds from services pursuant to § 3 (2) (2) (1) and (2) WAG 2007 must be taken into account.

(2) All paid persons according to § 10 Z 3, whose cost share does not exceed the amount of the minimum flat rate in accordance with § 11 para. 3, is to be required to pay the fee. Computer surpluses shall be compensated for in accordance with Section 11 (2). "

6. In § 17 (1), (5) and (6), the term of the word shall be " in the version BGBl. I No 70/2004 " through the phrase " in the version of the Federal Law BGBl. I No 60/2007 " replaced.

7. § 17 (2) reads:

" (2) As far as this regulation refers to provisions of the Securities Supervision Act 2007-WAG 2007, this is in the version of the Federal Law BGBl. I No 60. '

8. The following paragraphs 4 and 5 are added to § 18:

" (4) § 1 Z 2, § 3 paragraph 1 Z 3, § 6 para. 1 Z 3, § 7 para. 4, § § 10 to 16 including the headings and § 17 para. 1, 2, 5 and 6 in the version of the Ordination BGBl. II No. 270/2007 will enter into force on 1 November 2007 and will apply for the first time to the actual cost accounting for the months of November and December of the FMA financial year 2007 and to the calculation of advance payments for the FMA financial year 2009.

(5) On the actual cost accounting for the FMA financial year 2006 and for the months of January to October of the FMA financial year 2007, as well as on the calculation of the advance payments for the FMA financial year 2008, the FMA costs regulation is in the version of the BGBl Regulation. II No 399/2004. "

Pribil Traumüller