Costs of Banking Supervision

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)
• FMA Cost Regulation 2016 (FMA-KVO 2016)
• Article 69a BWG in conjunction with Article 99 CRR as well as Article 44 BWG
• Article 89 ZaDiG 2018
• Article 22 E-Money Act 2010
• Article 160 BaSAG
• Article 56 in conjunction with Article 59a 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 2018 (ECB/2018/12)

• 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.
• The option exists with regard to the calculation of the annual supervisory fee to not take into consideration the assets of subsidiaries in non-participating Member States or countries outside of the EU. This option is intended to benefit affected supervised groups, as the annual supervisory fees that they would otherwise have had to have paid will fall as a result. Where, however, the cost of the associated calculation is higher than the reduction of the annual supervisory fee that is expected, then it remains more efficient for the supervised group to include the affected assets in question.
• 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 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:

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 two 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

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 an institutional protection scheme recognised as a deposit guarantee and investor compensation scheme (Article 1 para. 1 no. 2 ESAEG), Sparkassen-Haftungs GmbH, replaced 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.

The prescribed actual costs due for the 2018 financial year will as in previous years be sent to the previous five deposit guarantee facilities in November 2019.

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 as well as Article 44 BWG
• Article 89 ZaDiG 2018 in conjunction with Article 26 ZaDiG 2018
• Article 22 para. 2 E-GeldG 2010 in conjunction with Article 89 ZaDiG 2018
• 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 conduct one or both of the types of business listed in Article 1 para. 1 no. 22 and Article 103j para. 2 BWG in conjunction with Article 1 para. 2 no. 6 ZaDiG 2018
• Credit institutions that are not obliged to conform with the provisions set out in Regulation (EU) No. 575/2013
• Representative offices pursuant to Article 2 no. 17 BWG
• Branches in accordance with Article 27 ZaDiG 2018 and Article 9 E-GeldG 2010

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 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.

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 payment notices will be sent out on 15 November 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.