Article 31 (2) of Regulation (EU) 2017/1129 permits Member States to transfer duties to third parties in relation to the electronic publication of approved prospectuses, supplements and accompanying documents. The Austrian legislator has made use of this authorisation in Article 13 para. 3 of the Capital Market Act of 2019 (KMG 2019; Kapitalmarktgesetz 2019) and has authorised the FMA to transfer these duties to the notification office stipulated in the KMG.
With effect from the publication of the Capital Market Act 2019 (KMG 2019) publications has been transferred to the Oesterreichische Kontrollbank AG in its function as the notification office in the form of a transfer agreement pursuant to Article 13 para. 3 KMG 2019.
The lists are available with effect from the publication of the KMG 2019 from the Oesterreichische Kontrollbank AG here.
Here you can find a list of the prospectuses approved by the FMA under the old legal basis pursuant to Article 8a KMG 1991 as well as information about where these prospectuses may be obtained.
Here you can find a list of the prospectuses approved by the FMA pursuant to Article 8a KMG as well as information about where the prospectuses can be obtained.
Pursuant to Article 10 para. 9 KMG 1991, the FMA published a list that it draws up and updates, which contains the prospectuses that have been approved as well as the supplements, that were notified to the FMA until 20.07.2018 pursuant to Article 8b KMG 1991 in connection with a public offering or an admission to trading from the relevant home Member State.
The scrutiny of the investment prospectus for correctness and completeness is to be undertaken by a prospectus controller pursuant to Article 7 KMG 2019.
The list contains the list of eligible prospectus controllers drawn up and updated on the basis of proposals by the Chamber of Tax Advisors and External Auditors (KSW; Kammer der Steuerberater und Wirtschaftsprüfer) pursuant to Article 7 para. 2 KMG 2019.