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Amendment To The Fma Cost Regulation

Original Language Title: Änderung der FMA-Kostenverordnung

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55. Regulation of the Financial Markets Authority (FMA), which changes the FMA cost regulation

Because of

1.

§ 19 (7) of the Financial Market Supervisory Authority Act-FMABG, BGBl. I n ° 97/2011, as last amended by the Federal Law BGBl. I No 98/2014,

2.

§ 69a of the Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I No 98/2014,

3.

§ 160 of the Federal Act on the Recovery and Resolution of Banks-BaSAG, BGBl. I No 98/2014,

4.

§ 117 (3) of the Insurance Supervisory Act-VAG, BGBl. 569/1978, as last amended by Federal Law BGBl. I No 42/2014 and BGBl. II No 226/2014,

5.

§ 90 (2) of the Securities and Markets Act 2007-WAG 2007, BGBl. I n ° 60/2007, as last amended by Federal Law BGBl. I No 98/2014,

6.

Article 56 (6) of the Alternative Investment Fund Manager Law-AIFMG, BGBl. I No 135/2013 (Art. II), as last amended by Federal Law BGBl. I No 98/2014,

Is prescribed:

The FMA-Cost Ordinance-FMA-KVO, BGBl. II No 340/2003, as last amended by the BGBl Regulation. II No 302/2013, shall be amended as follows:

1. § 3 (1) Z 1 reads:

" 1.

Paid

a)

(aa) pursuant to Article 69a (1) (1) to (3) of the Federal Elections

-

credit institutions as defined in Article 1 (1) of the BWG; or

-

Credit institutions pursuant to Section 9 (1) of the Federal Elections Act (BWG) are and are engaged in activities in Austria via a branch

-

Financial holding companies as defined in Article 4 (1) (20) of Regulation (EU) No 575/2013 or mixed financial holding companies according to § 2 Z 15 of the Financial Conglomerate Act-FKG, BGBl. I No 70/2004, provided that they are part of a group of credit institutions pursuant to Section 30 of the Federal Elections Act (BWG),

bb)

pursuant to Section 69a (8) of the Federal Elections Act, which are representative offices pursuant to § 2 Z 17 BWG,

cc)

pursuant to Section 60 (1) of the ZaDiG, which

-

Payment institutions according to § 3 Z 4 lit. a ZaDiG, or

-

Branches pursuant to § 12 of the ZaDiG

dd)

pursuant to Section 22 (2) of the E-Money Act 2010, which

-

E-money institutions are in accordance with Section 3 (2) of the E-Money Act 2010; or

-

Branch offices according to § 9 of the E-Money Act 2010 are,

b)

(aa) pursuant to Section 160 (1) (1) of the BaSAG, the institutions pursuant to § 2 Z 23 in conjunction with § 2 Z 2 or 3 BaSAG and pursuant to § 4 BWG shall operate banking transactions,

bb)

pursuant to Section 160 (1) (2) of the BaSAG, the financial holding companies according to § 2 Z 9 BaSAG or mixed financial holding companies according to § 2 Z 10 BaSAG, provided that they are part of a group of credit institutions in accordance with Section 30 of the BWG; "

2. § 6 (1) (1) (1) is followed by the following lit. d is added:

" (d)

Section 160 (1) of the BaSAG in conjunction with Section 69a (2) of the BWG in conjunction with Section 74 (2) of the BWG, "

3. § 7 reads:

" § 7. (1) The FMA shall determine the basis of the calculation of the costs if the data messages required for the measurement of costs in accordance with § 6

1.

have not been able to be reimbursed due to lack of basic data or due to a lack of reporting requirements in accordance with Section 74 of the Federal Elections Act,

2.

Have not been transmitted in good time or in good time or not in full.

(2) In the case of Section 1 (1) (1), the FMA shall fix the cost share of a person liable to pay the costs in the amount of the amounts in accordance with section 4 and section 11 (3) Z 3.

(3) In the case referred to in paragraph 1 (2), the FMA has to calculate the share of the costs on the basis of the last available data report plus a supplement. The supplement shall be calculated as follows:

where:

1.

N the number of consecutive years for which the FMA has set the basis for the calculation of the costs on the basis of the last data report;

2.

B is the taxable base for the last previous period for the respective payer.

(4) The FMA has the share of the costs for a fee-based person without any data messages from prior periods.

1.

a credit institution or other taxable persons in accordance with Article 3 (1) (1) (1) with the minimum amount in accordance with section 69a (4) of the BWG;

2.

of a payment institution with the minimum amount pursuant to § 60 para. 4 ZaDiG,

3.

an e-money institute with a minimum amount in accordance with § 60 para. 4 ZaDiG,

4.

an insurance with the minimum fee in accordance with Section 117 (3) of the VAG in conjunction with Section 7 (6),

5.

a pension fund with the amount resulting from § 35 (1) (1) (1) of the PKG,

6.

a notifiable institute in accordance with § 11 para. 3 Z 1,

7.

an issuer pursuant to Article 11 (3) (2),

8.

a central counterparty with the minimum flat rate in accordance with section 11 (3) Z 4,

9.

a clearing member with the minimum flat rate in accordance with Section 11 (3) Z 5,

10.

one of those in § 3 paragraph 1 Z 3 lit. (f) persons with a minimum flat rate according to § 11 (3) Z 6 or 7

to be fixed.

(5) In the case of paragraph 4, the FMA is entitled to the share of the costs of a taxable person who has been granted a concession for the provision of investment services in accordance with Section 3, Section 2 of the WAG 2007, on the basis of the costs of the concession pursuant to § 3 of the German Securities and Exchange Law (WAG) Section 8 of the WAG 2007 in conjunction with Section 4 (3) (3) of the Federal Elections Act (BWG). § 16 shall remain unaffected hereby.

(6) The minimum fee in accordance with Section 117 (3) of the VAG shall be fixed at EUR 250. "

Article II (9a) and (10) together with transcripts shall read:

" Article II

Special Part

Accounting circle 1

Subaccounting circles

§ 9a. Accounting Circle 1 (Banking Supervision) consists of the following taxable persons, each of which forms a separate sub-accounting circuit:

1.

Subinvoice 1, which is not subject to the BaSAG for a fee according to § 3 paragraph 1 Z 1 lit. a are assigned;

2.

Subaccounting circle 2, which is the subject of the BaSAG, subject to § 3 (1) (1) (1) (1) (lit). b are assigned.

Accounting circle 3

Subaccounting circles

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

1.

Subaccounting circle 1, to which the notifiable institutions according to § 3 (1) Z 3 lit. a are assigned;

2.

Subaccounting circle 2, to which the issuers, with the exception of the federal government, pursuant to § 3 (1) Z 3 lit. b are assigned;

3.

Subaccounting 3, which is the provider of investment services in accordance with Section 3 (1) Z 3 lit. c are assigned;

4.

Subaccounting circle 4, to which the central counterparties according to § 3 (1) Z 3 lit. d are assigned;

5.

Subaccounting circle 5, to which the clearing members according to § 3 paragraph 1 Z 3 lit. e are assigned;

6.

Subaccounting circle 6, to which the liquidator collective portfolios according to § 3 (1) Z 3 lit. f are assigned. "

5. § 11 para. 3 Z 6 reads:

" 6.

Managing collective portfolios according to § 10 Z 6, insofar as these are not exclusively
Registered AIFM according to § 3 para. 1 Z 3 lit. f are

EUR 1 000; "

6. The following paragraph 10 is added to § 21:

" (10) § 3 (1) (1) (1), § 6 (1) (1) (d), (7), (9a) and (10) together with transcripts and § 11 (3) (6), as amended by the BGBl Regulation. II No. 55/2015 shall enter into force on 18 March 2015. § 3 para. 1 Z 1 in connection with § 9 is to be applied for the first time to advance payments of the payer in the subaccounting circle 2 of the accounting circuit 1 for the financial year 2015 in accordance with § 160 para. 2 BaSAG. "

Ettl Kumpfmüller