Pursuant to Article 4 para. 7 first sentence of the Bankwesengesetz (BWG; Banking Act), the Austrian Financial Market Authority (FMA) may disclose to the general public by publication on the Internet, in the official gazette “Amtsblatt zur Wiener Zeitung”, or in any other newspaper with nationwide circulation, that a particular natural or legal person (person) is not entitled to carry out certain banking transactions, provided that said person has given cause for such action and informing the general public is deemed necessary and reasonable with regard to possible disadvantages of the person concerned.
By publication in the official gazette “Amtsblatt zur Wiener Zeitung” of 25 January 2014, the FMA informs, that
Eurokasse New Zealand Limited
with business location in
6 Clayton Street
is not entitled to carry out banking transactions in Austria that require a licence. Therefore the acceptance of funds from other parties for the purpose as deposits (deposit business) is not allowed pursuant to Article 1 Para. 1 no. 1 BWG.
Pursuant to the fourth sentence of Article 4 para. 7 BWG, the company whom the publication concerns may apply to the FMA for a review of the lawfulness of the publication. In this case, the FMA must publicly announce initiation of such a procedure in the same manner.
Eurokasse New Zealand Limited has submitted a corresponding application for review of the lawfulness of the publication of 25 January 2014.
The FMA will, therefore, review the lawfulness of the publication of 25 January 2014 in a procedure to be decided upon by administrative decision.
SUPPLEMENT of 20 March 2015
The administrative decision issued by the FMA relating to this matter has been confirmed by the Federal Administrative Court.