On the basis of a report submitted by the government commissioner concerning an extraordinary general meeting of ALIZEE Bank AG that took place on 19 March 2012, the Austrian Financial Market Authority FMA has learned that packages of shares in the bank have been sold in transactions resulting in new owners holding qualifying participations in the bank that would require approval. Based on the transactions, 26% of voting rights would then be held by Franz Löschnack, 26% by Andrej Kotchetkov and 39% by Richard Schenz. Since neither the intention to acquire a qualifying participation nor the sale of the share packages was reported to the FMA, or presented for approval, the FMA has imposed the following measures:
- An application has been made to the Vienna Commercial Court to appoint a trustee for the new owners’ voting rights, currently suspended by virtue of law, with the mandate to represent the interests of the company.
- An administrative decision will be issued to the bank, requiring it to restore compliance with statutory provisions and to demonstrate that the bank has owners who meet the requirements defining fit and proper ownership as set forth in the Bankwesengesetz (BWG; Banking Act).
In accordance with Article 70 para. 2 BWG, auditor Dorothea Rebmann had been appointed government commissioner to ALIZEE Bank AG by the FMA on 23 December 2012 with the mandate of protecting the financial interests of the bank’s creditors and to safeguard the assets entrusted to the supervised company. Ms Rebmann has now been instructed to ensure that the new qualified co-owners have no influence whatsoever on the business of the bank.
Anyone who wishes to take up a direct or indirect qualifying participation in a credit institution and who fails to advise the FMA of this in advance, disclosing the amount of the participation, in accordance with the requirements of the BWG, will face an administrative penalty of up to €30,000.
Journalists may address further enquiries to:
Klaus Grubelnik (FMA Media Spokesperson)
+43 (0)1 24959 5106
+43 (0)676 882 49 516