Service providers that were registered as virtual asset service providers prior to 30 December 2024 pursuant to Article 32a in the version of the Federal Act amended in Federal Law Gazette I No. 98/2021 and which provide services pursuant to Article 2 no. 22 lits. a to e in conjunction with no. 21 in the version of the Federal Act amended in Federal Law Gazette I No. 98/2021 are in any case obliged to notify the FMA about the following changes without delay by means of a notification of amendment:
- Changes relating to natural or legal persons (e.g. Company name, legal form of the company, company address etc.);
- Changes within the management or in the identity of the Chief Executive Officer;
- Changes in the ownership and control structure regarding the type and extent of the qualifying holding pursuant to Article 4 (1) (36) of Regulation (EU) No 575/2013 including the persons holding a qualifying holding in the virtual asset service provider;
- Changes to the business model (for example a change in the services pursuant to Article 2 no. 22 lits. a to e FM-GwG, changes to the services offered or products that may change the risk for money laundering and terrorist financing or which might require a new check to be performed about whether an activity requiring a licence exists, etc).
- Changes in relation to the internal control system and the planned policies and procedures for fulfilling the requirements set out in the FM-GwG and Regulation (EU) 2023/1113.
In the case of the aforementioned changes another review may arise. In such cases, the notification must be made prior to such changes being implemented, and implementation should only take place following the response by the authority. Notifications of amendments should continue to be submitted to [email protected].