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Costs of Banking Supervision

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:

  • Article 19 Financial Market Authority Act (FMABG)
  • Regulation of the FMA on Fees (FMA-KVO)
  • Article 69a BWG in conjunction with Article 99 CRR
  • Article 60 ZaDiG
  • Article 22 E-Money Act 2010
  • Article 160 BaSAG
  • Article 56 ESAEG

ECB Supervisory Fees

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.
 

Important information at a glance:

  • The ECB supervisory fee (Aufsichtsgebühr) is equivalent to the term “costs” used in the FMA payment notices issued for Banking Supervision.
  • The total amount of the supervisory fees to be levied by the European Central Bank is stipulated in an ECB Decision on an annual basis.

        Decision of the ECB on the total amount of annual supervisory fees for 2017 (ECB/2017/11)

  • The calculation method for defining fees is set out in Article 10 of Regulation (EU) No 1163/2014.
  • The billing of the supervisory fees is conducted in the case of groups of institutions at the highest level of consolidation within the participating Member States. Pursuant to Article 4(2) of Regulation (EU) No 1163/2014 a fee debtor must be notified to the European Central Bank in the case of groups.
  • In calculating the annual supervisory fee, subsidiaries established in non-participating Member States should not be taken into account. Fee debtors therefore have the opportunity to submit sub-consolidated data, although a confirmation by an auditor must be attached to such a submission (see Article 7 (3) b) of ECB Decision No 2015/530).
  • In accordance with Article 51 (5) of the SSM Framework Regulation, the total value of assets of a branch of a credit institution established in a non-participating Member State shall be determined on the basis of the statistical data reported. Since in this case the figures are unaudited, a statutory auditor shall be required to confirm the information, by subjecting the financial accounts of the branch to an orderly audit (see Article 7 (2) c) of ECB Decision No 2015/530).
  • It should be noted that in both instances (voluntary submission due to exercising of institutional discretion or mandatory submission as the affected branch) that the statement of the external auditor must also be submitted. This should be submitted (for the first time from this year) via the FMA’s Incoming Platform (for information about submission options cf. Regulation (EU) No. 1024/2013).
  • The supervisory fees must be paid within 35 days of the fee notice being issued by the ECB.

 

Enquiries about ECB Supervisory Fees

Enquiries about supervisory fees should be addressed to the following point of contact:

Telephone: +49 69 1344 4690

E-Mail: SSM-fee-enquiries(at)ecb.europa.eu

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 groups 1 and 2 – payment notices in accordance with BWG and BaSAG:

The calculation of actual costs for the 2016 financial year is performed for the first time using the new cost cap of 0.1% as well as the new minimum amount of EUR 2,000.00.
(cf. Article 69a paras. 4 and 6 BWG in conjunction with Article 60 paras. 4 and 6 ZaDiG)

With regard to sub-accounting group 3 – fee notice in accordance with ESAEG:

Following the amendment published in Federal Law Gazette I No. 118/2016 the liability to pay costs has been transferred from the member institutions to the deposit guarantee facilities. The prescribed actual costs due for the 2016 financial year as well as the prescribed prepayment for the 2018 financial year shall for the first time be sent to the deposit guarantee facilities.

The prepayments already made by member institutions for the 2016 financial year shall be repaid by the FMA to the member institutions by 31 December 2017. The difference from the 2015 financial year that has been allocated to a provision pursuant to Article 69 para. 4 BWG shall also be reimbursed to the member institutions.

 

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:

  • Article 69a para. 2 BWG in conjunction with Article 99 CRR
  • Article 60 para. 2 ZaDiG in conjunction with Article 20 para. 2 ZaDiG
  • Article 22 para. 2 E-GeldG 2010 in conjunction with Article 60 para. 2 ZaDiG
  • Article 160 para. 1 BaSAG in conjunction with Article 69a para. 2 BWG and Article 99 CRR
  • Article 56 ESAEG in conjunction with Article 69a para. 2 BWG and Article 99 CRR

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.

This affects:

  • Credit institutions that are only authorised to operate exchange bureaus and/or remittance business pursuant to the BWG
  • Representative offices pursuant to Article 2 no. 17 BWG
  • Branches in accordance with Article 12 ZaDiG and Article 9 E-GeldG

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 total of all cost fees in the sub-accounting group
  • The costs of the sub-accounting group
  • Cost figure (“Ihre Kostenzahl beträgt”)

 

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:

Method 1:

  • Step 1: Calculation of your institution’s own ratio: “cost figure” divided by the “total of all cost figures in the sub-accounting group”
  • Step 2: “own ratio” multiplied by the “costs of the sub-accounting group” equals the amount of actual costs

 

Method 2:

  • Step 1: Calculation of the ratio: “Costs of the sub-accounting group” divided by the “total of all cost figures in the sub-accounting group”
  • Step 2: “Ratio” multiplied by the “cost figure” equals the amount of 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, account no. 1-1551-7, at the Oesterreichische Nationalbank (OeNB) sort code (Bankleitzahl) 00100 (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.

E-Mail: buchhaltung(at)fma.gv.at

 

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 FMA’s payment notices are sent once a year in November.
 
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.
 


Disclaimer
The information published here is intended purely for information purposes. No legal obligations of any kind can be derived from this information. Only the relevant legal provisions or clarifications about them as contained in the respective payment notices are authoritative.