This page contains information about the authorisation procedure for credit servicers and credit purchasers under the Credit Servicers and Credit Purchasers Act (KKG; Kreditdienstleister- und Kreditkäufergesetz).<\/p>
On 17 March 2025 the law enacting the Credit Servicers and Credit Purchasers Act (KKG; Kreditdienstleister- und Kreditkäufergesetz) and amending other Federal Acts was published in Federal Law Gazette I no. 6\/2025<\/a>, which entered into force on 18 March 2025.<\/p> This law transposes Directive (EU) 2021\/2167<\/a>, which is known as the “Non-Performing-Loans Directive”. In substantive terms, a secure legal framework is intended to be created for credit purchasers and sellers and involving credit servicers, to promote the development of a secondary markets for non-performing loans and to thereby enable credit institutions to clear them from their balance sheets. In this regard, the Austrian Financial Market Authority (FMA) is the competent authority.<\/strong><\/p> It should be noted in relation to the conditions for authorisation including the applicant and the necessary documents that:<\/strong><\/p> Article 5 KKG states the conditions that must be fulfilled to be granted an authorisation by the FMA<\/strong><\/p> The applicant must enclose the following information and documentation pursuant to Article 7 para. 2 KKG with the application for granting an authorisation as a credit servicer:<\/strong><\/p> Applications for granting an authorisation as a credit servicer may be submitted from now on by e-mail to: zulassung_kkg@fma.gv.at<\/a><\/strong>.<\/p> Specific reference is made to the provisions in Article 35 para. 2 KKG<\/strong>, under which credit servicers that have already provided credit servicing activities prior to the entry into force of this Federal Act, are entitled to conduct this activity in Austria without an authorisation pursuant to Article 4 KKG for a maximum period of five months from the entry into force of the KKG, provided that they submit an application for authorisation within two weeks of the KKG entering into force<\/strong> and provided that a legally final decision has not been reached prior to the expiry of the five month period starting from the entry into force of the KKG. This means in such cases that applications for authorisations are required to be submitted to zulassung_kkg@fma.gv.at<\/a><\/strong> by 01 April 2025.<\/p> General enquiries in relation to the KKG may be addressed to the following address: anfragen_kkg@fma.gv.at<\/strong><\/a>.<\/p> Directive (EU) 2021\/2167 of the European Parliament and the Council on credit servicers and credit purchasers and amending Directives 2008\/48\/EC and 2014\/17\/EU<\/a><\/p>\nGuidelines on the assessment of adequate knowledge and experience of the management or administrative organ of credit servicers (Format: <\/span>pdf, Size: <\/span>514,3 KB, Language: <\/span>English)<\/a>\nGuidelines on the establishment and maintenance of national lists or registers of credit servicers under Directive (EU) 2021\/2167 (Format: <\/span>pdf, Size: <\/span>704,9 KB, Language: <\/span>English)<\/a><\/div> <\/p>\n","protected":false},"excerpt":{"rendered":" This page contains information about the authorisation procedure for credit servicers and credit purchasers under the Credit Servicers and Credit …<\/p>\n","protected":false},"author":20,"featured_media":0,"parent":2201,"menu_order":9,"comment_status":"closed","ping_status":"closed","template":"","meta":{"inline_featured_image":false,"footnotes":""},"class_list":["post-1850119","page","type-page","status-publish","hentry"],"yoast_head":"\nAuthorisation<\/h2>
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a) they have a clean police record or other national equivalent in relation to relevant criminal offences, in particular those relating to property, financial services and activities, money laundering, usury, fraud, tax crimes, and violation of professional secrecy or to physical integrity, as well as in relation to other offences under laws in relation to companies, bankruptcy, insolvency or consumer protection;
b) the cumulative effects of minor incidents do not impinge on their good repute;
c) they have always been transparent, open and cooperative in their past business dealings with supervisory and regulatory authorities;
d) they are not subject to any ongoing insolvency proceedings nor have they previously been declared bankrupt unless reinstated in accordance with national law;<\/li>\n\n\n\n
Application<\/h2>
General Enquiries<\/h2>
Further Information<\/h2>
<\/span>Legal Bases<\/h2>Bundesgesetz, mit dem ein Bundesgesetz \u00fcber Kreditdienstleister und Kreditk\u00e4ufer (Kreditdienstleister- und Kreditk\u00e4ufergesetz \u2013 KKG) erlassen wird und das BWG, das FMABG, das HiKRG und das VKrG ge\u00e4ndert werden.<\/a>\nBundesgesetz \u00fcber Kreditdienstleister und Kreditk\u00e4ufer (Kreditdienstleister- und Kreditk\u00e4ufergesetz \u2013 KKG)<\/a>\n