Other Notification and Reporting Circumstances
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, an investment firm or an investment services provider (see Article 11 para. 2 WAG 2007) 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:
Similarly, anyone intending to dispose of a qualifying holding in a credit institution (see Article 20 para. 2 BWG), an insurance undertaking, an investment firm or an investment services provider (see Article 11 para. 3 WAG 2007) 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.
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 (Article 48d para. 9 Stock Exchange Act (BörseG)).
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.
The obligation to report securities transactions pursuant to Article 25 (3) MiFID has been transposed into national law in Article 64 WAG 2007.
Further information about this topic can be found on the page “transaction reporting”.