The costs incurred for the supervision of the Austrian banking sector are predominantly borne by the supervised institutions themselves. The costs arising are collected by the Austrian Financial Market Authority and the European Central Bank in relation to their respective supervisory activities.
This section contains a summary of basic information about the determination of costs of the competent supervisory authority as well as contact details for obtaining further information. Additionally, the most frequently asked questions relating to the Austrian Financial Market Authority’s payment notices are also answered.
A total of four accounting groups were established by the Austrian Financial Market Authority for the supervision of the Austrian financial market, to which all costs incurred in relation to supervision activities are assigned, either directly or indirectly i.e. by means of a cost key. Accounting group 1, which relates to Banking Supervision is split into the following three sub-accounting groups:
Sub-accounting group 1 relates to “classical” banking supervision, sub-accounting group 2 to the recovery and resolution of banks (BaSAG), while sub-accounting group 3 relates to the fees of supervision of deposit guarantee facilities (ESAEG).
Details can be found in the section below on “Frequently asked questions about FMA payment notices for banking supervision”.
The national fee obligation for banking supervision is stipulated in the following legislative acts:
The European Central Bank levies an annual supervisory fee from the credit institutions established in the participating Member States and branches established in a participating Member State of credit institutions established in non-participating Member States. The obligation to levy supervisory fees is defined in Article 30 of Regulation (EU) No 1024/2013 (SSM-Regulation), with the specific modalities being set out in Regulation (EU) No 1163/2014 of the European Central Bank as well in Decision (EU) No 530/2015.
Decision of the ECB on the total amount of annual supervisory fees for 2018 (ECB/2018/12)
Enquiries about supervisory fees should be addressed to the following point of contact:
What payment notices are sent out by the Banking Supervision department?
Entities that are liable to pay costs receive a separate payment notice for each of the three sub-accounting groups in accounting group 1:
• Sub-accounting group 1 – fee notice in accordance with BWG
• Sub-accounting group 2 – fee notice in accordance with BaSAG
• Sub-accounting group 3 – fee notice in accordance with ESAEG
On page 1 of the respective fee notice, below the legal basis (Rechtsgrundlage) it is possible to see about which sub-accounting group the payment is for.
What changes have been made to the payment notices for banking supervision?
With regard to sub-accounting group 3 – fee notice in accordance with ESAEG:
From 01.01.2019 the uniform deposit guarantee system (Article 1 para. 1 ESAEG) and as applicable an institutional protection scheme recognised as a deposit guarantee and investor compensation scheme (Article 1 para. 1 no. 2 ESAEG) shall replace the respective deposit guarantee facility of every individual trade association. The uniform deposit guarantee system has been incorporated since 22.12.2017 under the name Einlagensicherung AUSTRIA Ges.m.b.H. (“ESA”), with Commercial Register no. FN 481817.
Against this background of the impending ex lege transferring of the those member institutions of the deposit guarantee facilities of the trade associations, that will belong to the uniform deposit guarantee system from 01.01.2019, the prescribed prepayment of fees for the 2019 financial year is expected to only be sent out in January 2019.
The prescribed actual costs due for the 2017 financial year will as in previous years be sent to the deposit guarantee facilities in November 2018.
How is it possible to recognise that the payment notice is for banking supervision rather than for securities supervision?
This information can be found in the letterhead on page 1 of the payment notice underneath where it says “Bereich: Bankenaufsicht”.
How should a change of company name or a change of address be notified?
Changes in the name of the company or a change of address must be submitted through the Incoming Platform. The relevant changes can only be taken into account for the current prescription of fees, if they are received by the 30 September.
What billing periods are referred to in the payment notices?
The FMA is required to calculate the respective fees for the preceding financial year. This calculated amount represents the actual costs (IST-Kosten).
For the following financial year prepayments are prescribed to the institutions liable to pay costs of 105 % of the actual costs.
What data is applied as the basis for the calculation of fees within accounting group 1?
The basis for the calculation of fees are the data reports that are to be submitted to the FMA in accordance with supervisory laws to be applied, the authoritative ones being:
For entities that are supervised by the FMA, who are subject to pay fees, but not subject to reporting requirements a minimum amount of EUR 2 000.00 is prescribed due to there being no available data basis.
By way of derogation from the minimum amount of EUR 2,000.00, financial holding companies and mixed financial holding companies, provided that they are part of a group of credit institutions pursuant to Article 30 BWG, shall be prescribed an amount of EUR 1,000.00. (cf. Article 69a para. 4a BWG)
How can the prescribed amount of actual costs for the previous billing period be justified?
The following three calculation factors, which are to be found on page 2 of the respective payment notice, are authoritative for the calculation of costs:
The calculation of the actual costs can be done in one of two ways, with both calculation methods resulting in the same contribution to actual costs:
By when must the prescribed contribution to costs be paid?
The prepayments are to be paid in four equal instalments – as stipulated in Article 19 para. 5 FMABG – by 15 January, 15 April, 15 July and 15 October respectively, or as a single payment by 15 January at the latest.
The amount of a negative difference (i.e. the real actual costs are higher than the prepayment contributions that have already been paid) must be paid within four weeks of delivery of the payment notice, paid into the FMA’s account at the Oesterreichische Nationalbank (OeNB) (IBAN: AT770010000000115517; SWIFT: NABAATWW).
May any credit balance (amount of a positive difference) arising from the calculated actual costs be offset against the prepayment?
No. The setting off of any positive difference with a prepayment to be made is not possible.
Is any credit balance from the calculation of actual costs automatically transferred?
No. The bank account details, for the account into which any positive difference would be transferred should be submitted to the FMA (Division for Finance and Controlling) in writing including the reference number of the payment notice.
When is a credit balance paid out?
A credit balance is paid out within one month of bank account details being received in writing.
When are the payment notices for banking supervision sent out?
The payment notices will be sent out in November 2018 (Exception: the prepayment decision in accordance with ESAEG for the 2019 financial year which will be sent out in January 2019).
Who is the contact person for FMA payment notices for banking supervision?
This information can be found in the letterhead on page 1 of the payment notice.