Pursuant to Article 92 para. 11 first sentence of the Securities Supervision Act of 2018 (WAG 2018, Wertpapieraufsichtsgesetz 2018), the Austrian Financial Market Authority (FMA) may disclose to the general public by publication on the Internet, or in any other newspaper with nationwide circulation, that a particular natural or legal person (person) is not entitled to carry out certain investment services (Article 3 para. 2 nos. 1 to 4 WAG 2018), 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” on 02.09.2020, the FMA hereby informs that
Green Finance GmbH
with the business address
Faradaygasse 6, 1030 Wien
(Green Finance Headquarter)
Tel: +43 1 99 74 186 – 00
is not entitled to provide investment services in Austria that require a licence. The provider is therefore not permitted to provide commercial receiving and transmitting of orders in relation to financial instruments (Article 3 para. 2 no. 3 WAG 2018).
Pursuant to the fourth sentence of Article 92 para. 11 of the Securities Supervision Act 2018 (WAG 2018; Wertpapieraufsichtsgesetz) the party subject to the publication may make an application to the FMA to review the lawfulness of the publication. In this case, the FMA shall announce the initiation of such proceedings in a similar manner.
Green Finance GmbH made such an application to review the lawfulness of the publication dated 02.09.2020.
The lawfulness of the publication of 02.09.2020 shall therefore be reviewed in a procedure to be concluded by means of an administrative decision.