The Austrian Financial Market Authority (FMA) has imposed an additional fine of EUR 476,000 against Schelhammer Capital Bank AG as the universal successor institution CAPITAL BANK – GRAWE GRUPPE AG. The reason for the fine are breaches against the Financial Markets Anti-Money Laundering Act (FM-GwG; Finanzmarkt-Geldwäsche-Gesetz) in relation to the identification and verification of the identify of the beneficial owner of a high-risk cutomer. CAPITAL BANK – GRAWE GRUPPE AG failed to take adequate measures to ascertain the ownership and control structure of the high-risk customer. They were unable to convincingly prove the identity of the high-risk customer. The penal order is not legally final.
Update: 20.01.2025
Schelhammer Capital Bank AG has lodged an appeal to the Federal Administrative Court (BVwG; Bundesverwaltungsgericht) against the FMA’s penal order.
Update: 02.03.2026
The Federal Administrative Court (BVwG; Bundesverwaltungsgericht) confirmed the FMA's penal order in relation to the issue of guilt. The Federal Administrative Court (BVwG; Bundesverwaltungsgericht) upheld the appeal in relation to the amount of the fine, in that the fine imposed by the FMA was reduced to EUR 356,000. The orderly final right of appeal was declared to be permissible. The penal order is final.
Update: 10.04.2026
Schelhammer Capital Bank AG has lodged both an appeal to the Constitutional Court of Austria (VfGH; Verfassungsgerichtshof) as well as an orderly final right of appeal to the Supreme Administrative Court (VwGH; Verwaltungsgerichtshof) against the Federal Administrative Court (BVwG; Bundesverwaltungsgericht) ruling.