Other Notification and Reporting Circumstances - FMA Österreich
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Other Notification and Reporting Circumstances

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In addition to the standard submissions to be made via the Incoming Platform, this page contains more detailed additional information about certain specific circumstances requiring notification:

The appointment of bank auditors, with the exception of those which are auditors for legally competent auditing organisations, must be carried out before the start of the business year to be audited and must be notified to the Financial Market Authority immediately in writing. Any changes in the persons named must be notified to the Financial Market Authority without delay. These notifications to be made by the credit institution may only be submitted via the Incoming Platform (Article 73a BWG in conjunction with Article 1 FMA-IPV).

Pursuant to Article 63 para. 1c BWG, the bank auditor shall certify to the Financial Market Authority that reasons for exclusion do not exist within two weeks of appointment. The bank auditor must also provide all additional certifications and evidence necessary for the purpose of assessment at the request of the Financial Market Authority (cf. Article 63 para. 1c BWG).

This notification must also be submitted via the Incoming Platform.
Please note that this form is only available in German!

Anyone, who intends to acquire a qualifying holding in a credit institution (see Article 20 para. 1 BWG), an insurance undertaking (see Article 24 para. 1 no. 1 VAG 2016), an investment firm or an investment services provider (see Article 14 para. 2 WAG 2018) in Austria, or wishes to increase an existing holding above the thresholds set out in the relevant material legal acts, shall notify the FMA in advance of this intention (see Regulation of the FMA on Qualifying Holdings).

For further information regarding the acquisition of a qualifying holding in a CRR credit institution please see also:
https://www.bankingsupervision.europa.eu/banking/tasks/authorisation/html/index.en.html

Similarly, anyone intending to dispose of a qualifying holding in a credit institution (see Article 20 para. 2 BWG), an insurance undertaking (see Article 24 para. 2 VAG 2016), an investment firm or an investment services provider (see Article 14 para. 3 WAG 2018) in Austria or to reduce an existing holding below the threshold set out in the relevant material legal acts shall notify the Financial Market Authority in advance of this intention in writing.

The notification regarding the acquiring of a direct or indirect qualifying holding in an SI or LSI (CRR credit institutions) as well as the increasing of an already existing direct or indirect qualifying holding in an SI or LSI may optionally be submitted through the IMAS Portal.

Issuing credit institutions may appoint an attorney, a law company, a certified external auditor or an external auditing company as an external cover pool monitor pursuant to Article 18 para. 3 of the Pfandbrief Act (PfandBG; Pfandbriefgesetz) for a five-year term. The external cover pool monitor is required to attest to the FMA that no grounds for exclusion exist that would speak against their assuming this function within two weeks of their appointment.

Persons conducting transactions with financial instruments on a commercial basis, must submit a report to the Financial Market Authority without delay, if only the basis of facts and information that they receive they have well-founded suspicion that a transaction could either be an inside deal or constitute market Manipulation.

Further details can be found on the page “Market Abuse” in the Capital Markets section of this website.

Detailed information for credit institutions regarding notifications to the competent authority in the event of non-compliance or expected non-compliance of the Liquidity Coverage Requirement pursuant to Article 414 of Regulation (EU) No 575/2013 (CRR) in conjunction with Article 4 of the Delegated Regulation on LCR can be found on the link below.

Detailed information about notification to the competent authority in the event of non-compliance or expected non-compliance with the Liquidity Coverage Requirement.

The obligation to report securities transactions topic can be found on the page “transaction reporting”.

In the event of a major operational or security incident, payment service providers shall notify the FMA about this over the Incoming Platform without delay. Where the incident has or may have an impact on the financial interests of its payment service users, the payment service provider shall inform its payment service users without delay about the incident.