Key Benefits:
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, |
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2. |
§ 69a of the Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I No 98/2014, |
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3. |
§ 160 of the Federal Act on the Recovery and Resolution of Banks-BaSAG, BGBl. I No 98/2014, |
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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, |
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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, |
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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 |
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a) |
(aa) pursuant to Article 69a (1) (1) to (3) of the Federal Elections |
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credit institutions as defined in Article 1 (1) of the BWG; or |
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Credit institutions pursuant to Section 9 (1) of the Federal Elections Act (BWG) are and are engaged in activities in Austria via a branch |
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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), |
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bb) |
pursuant to Section 69a (8) of the Federal Elections Act, which are representative offices pursuant to § 2 Z 17 BWG, |
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cc) |
pursuant to Section 60 (1) of the ZaDiG, which |
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Payment institutions according to § 3 Z 4 lit. a ZaDiG, or |
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Branches pursuant to § 12 of the ZaDiG |
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dd) |
pursuant to Section 22 (2) of the E-Money Act 2010, which |
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E-money institutions are in accordance with Section 3 (2) of the E-Money Act 2010; or |
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Branch offices according to § 9 of the E-Money Act 2010 are, |
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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, |
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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, |
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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: |
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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; |
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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; |
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2. |
of a payment institution with the minimum amount pursuant to § 60 para. 4 ZaDiG, |
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3. |
an e-money institute with a minimum amount in accordance with § 60 para. 4 ZaDiG, |
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4. |
an insurance with the minimum fee in accordance with Section 117 (3) of the VAG in conjunction with Section 7 (6), |
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5. |
a pension fund with the amount resulting from § 35 (1) (1) (1) of the PKG, |
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6. |
a notifiable institute in accordance with § 11 para. 3 Z 1, |
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7. |
an issuer pursuant to Article 11 (3) (2), |
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8. |
a central counterparty with the minimum flat rate in accordance with section 11 (3) Z 4, |
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9. |
a clearing member with the minimum flat rate in accordance with Section 11 (3) Z 5, |
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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 |
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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; |
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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; |
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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; |
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Subaccounting 3, which is the provider of investment services in accordance with Section 3 (1) Z 3 lit. c are assigned; |
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4. |
Subaccounting circle 4, to which the central counterparties according to § 3 (1) Z 3 lit. d are assigned; |
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5. |
Subaccounting circle 5, to which the clearing members according to § 3 paragraph 1 Z 3 lit. e are assigned; |
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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 |
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