The FMA is competent under the Capital Market Act 2019 (KMG 2019; Kapitalmarktgesetz 2019) for the checking and approval of single-part and multiple-part securities prospectuses (see “Prospectus Approval<\/a>”), registration forms and supplements. With effect from 01.01.2027 it will also be responsible for the approval of investment prospectused Every prospectus or part thereof that is filed with the FMA, leads to the initiation of an official procedure. Documents must be submitted electronically via the FMA’s electronic prospectus approval portal – the Secure Electronic Prospectus Portal (SEPP).<\/p> In order to be able to access the electronic prospectus approval portal, the submitter of the prospectus must first register.<\/p> Personal data and a copy of an official photo identification document (e.g. a passport, or a lawyer’s identity card etc.) must be uploaded to verify the identity of the submitter of prospectuses during the registration process. In addition, details are also required to be entered about the entity that the submitter of prospectuses is representing. Once all information has been submitted in full, the registration must be sent off by the person making the registration. The data is then checked by the FMA and then subsequently approved. The prospectus submitter is now able to log in using the e-mail address and password that they have selected. The prospectus submitter is also required to link their account with their ID Austria (https:\/\/www.oesterreich.gv.at\/en\/id-austria.html<\/a>) to prove their identity.<\/p> Registration<\/a><\/p> Further information about registration can be found in the “documents” section at the end of this page.<\/p> For all applications for approval (e.g. prospectuses, registration forms, supplements), please use the following access: <\/strong>https:\/\/webhost.fma.gv.at\/epass2\/<\/a><\/p> Once registration as a submitter of prospectuses have been successfully conducted, it is possible to submit a prospectus, registration form or universal registration document or a supplement. It is not necessary to physically submit the prospectus.<\/p> The submitter of prospectuses can only see those documents in the electronic prospectus approval portal which he\/she either submitted or for which he\/she was listed as the representative for the original prospectus submitter.<\/p> For every initial submission of a prospectus the prospectus submitter is required to state in which capacity he\/she is submitting the prospectus. In the case of lawyers admitted to practise in Austria, it is generally sufficient to refer to having been granted power of attorney. If someone is acting as the submitter of the prospectus (e.g. employers of the issuer, advisers etc.) then a power of attorney must be submitted to the FMA. A sample power of attorney form (in German) can be found in the “Documents” section at the end of the page.<\/p> Should a notification pursuant to Article 25 or 26 of Regulation (EU) 2017\/1129 be intended, then those countries must be selected in which the registration document, the universal registration document, the prospectus or the supplement should be notified.<\/p> The documents submitted for filing or approved, the documents that are referred to (incorporated documents) must also be uploaded via the electronic prospectus approval portal when submitting the prospectus.<\/p> Following receipt of the application by the FMA, the period specified in Article 20 of Regulation (EU) 2017\/1129 begins, at the end of which either an improvement order (in the form of comments provided to the applicant) or an approval in the form of an administrative decision is issued.<\/p> In the event of an improvement order being issued (and the period interrupted) the subsequent submission of revised versions of the prospectus is done electronically using the electronic prospectus approval portal (including a version that indicates the changes made to the previous version).<\/p> As soon as the improvement order has been fully implemented in a submitted version of the prospectus, the file version of the prospectus may be filed. It is not necessary for the final version to be signed by the issuer.<\/p> The final version of the securities prospectus, the registration document, the supplement to a securities prospectus as well as the investment prospectus with effect from 01.01.2027, then have the FMA’s signature applied.<\/p> With effect from 21.07.2019 publication was transferred to the Oesterreichische Kontrollbank AG in its function as the notification office in the form of a transfer agreement pursuant to Article 13 para. 3 KMG 2019. Further information can be found here<\/a>. In the case of supplements to prospectuses approved after 21.07.2019, unlike the case that existed under the previous legal situation, the same publication and filing regulations must be observed as for prospectuses. As is the case for prospectuses, supplements are also only allowed to be published and filed once approval has been granted.<\/p> An application for the approval of a prospectus or a supplement or the approval of a registration document triggers the obligation to pay a fee pursuant to Part 1 Article 1 para.1 in conjunction with Part 1 Fee Items (TP) III.H.1 to H.12 on the FMA Regulation on Fees for Financial Market Supervision (FMA-GebV; Verordnung der Finanzmarktaufsichtsbehörde über die Gebühren der Finanzmarktaufsicht), published in Federal Law Gazette II no. 230\/2004 as amended.<\/p> In the case of a prospectus as a standalone document the fee is EUR 7,000 and for the approval of a registration document or a securities description EUR 3,500. The fee for a supplement is EUR 750.00. The approval of the omission of certain information in the prospectus pursuant to Article 18 (1) of Regulation (EU) 2017\/1129 is EUR 150 per omission.<\/p> The detailed list of all charges can be found in the FMA-GebV<\/a>.<\/p> The fee must be paid within 14 days of delivery of the administrative containing the fee notice into the account held at the Oesterreichische Nationalbank (IBAN AT550010000000115525, BIC NABAATWW). payee “Finanzmarktaufsichtsbehörde gemäß Finanzmarktaufsichtsgesetz, BGBl. I Nr. 97\/2001 Subkonto für Gebühreneinnahmen”.<\/p> The securities prospectus or the individual parts of a multi-part prospectus, and with effect from 01.01.2027 the investment prospectus, should by and large already be complete when being submitted for the first time. Apart from a few details that only become known just prior to approval, all details concerning the offer procedure, the issuer and the securities\/investments should already be contained in the initial submission, in the case that the issuer has targeted a certain schedule and approval date. Exceptions to this are admissible only to the extent explicitly agreed upon within the scope of a preliminary enquiry.<\/p> The FMA therefore requests that the schedules for prospectus approval are coordinated at an early stage with the FMA’s Capital Market Prospectuses team.<\/p> For the legally valid filing of electronic, spoken, telephonic and written submissions (Article 13 para. 1 AVG in its current version) to the FMA, the FMA’s business hours<\/a> shall apply.<\/p> Information about reporting channels that are described separately below required registration for and logging in to the OeKB’s client platform: https:\/\/login.oekb.at\/dana-na\/auth\/url_XXfx1cULUr764M4f\/welcome.cgi<\/a><\/p> Parties intending to offer securities or investments for the first time, must inform the notification office at the earliest opportunity about the issuer, the planned data of the issue, the total volume, the denomination, the term, and in the case of public offerings, any other conditions, as well as where applicable any other circumstances pursuant to Article 1 of Regulation (EU) 2017\/1129 or Article 3 KMG 2019 that might justify an exemption from the obligation to produce a prospectus.<\/p> Article 24 KMG 2019 also requires that the final issue price and\/or the final issue volume pursuant to Article 17 of the Prospectus Regulation is to be notified to the New-Issue Calendar.<\/p> This obligation to notify the New-Issue Calendar also applies for foreign issuers. Due to the conferring of duties mentioned below regarding the collecting of meta data from prospectuses approved by the FMA to the notification office a correct notification to the New-Issue Calendar is a prerequisite for a notification<\/strong> of these prospectuses to other EU Member States.<\/p> Following the submission of the accompanying final terms that belong to an approved base prospectus, to the New-Issue Calendar, they are also deemed to have been filed with the FMA.<\/p> Issuers making an offering in Austria are only required to notify the final terms of securities prospectuses approved by the FMA in accordance with the Prospectus Regulation – Regulation (EU) 2017\/1129 to the OeKB’s Notification Office’s New-Issue Calendar under the Capital Markets Act 2019 (KMG 2019).<\/strong><\/p> In the case of notifications made on the basis of securities prospectuses approved by the FMA, the OeKB’s Notification Office’s notification templates also retrieves the relevant accompanying issuance related information pursuant to Delegated Regulation (EU) 2019\/979 that is needed for classifying the prospectuses. The receipt of such filings via the OeKB notification office occurs based on the delegation of tasks by the FMA to the OeKB’s Notification Office in accordance with Article 13 para. 3 KMG 2019.<\/p> More detailed information may be found at: https:\/\/www.oekb.at\/en\/capital-market-services\/notifications-and-filing-documents\/notifications-to-the-new-issue-calendar.html<\/a><\/p> In order to ensure the complete gathering of the relevant accompanying issuance-related data for the classification of the prospectuses pursuant to Delegated Regulation (EU) 2019\/979 for the ESMA Notification Portal, all offerings (including those other than first time domestic offerings) are required to be notified.<\/p> More detailed information about notifications to the New-Issue Calendar especially for the purposes collecting issuance-related classification data in accordance with Delegated Regulation (EU) 2019\/979 can be found here (in German only):<\/p> \nWichtige Hintergrundinformationen (Format: <\/span>pdf, Size: <\/span>178,3 KB, Language: <\/span>German)<\/a>\n<\/p> The ESAP is a new centralised European access portal, that will be established by the European Securities and Markets Authority (ESMA) by 10 July 2027. It is intended to offer access that is free of charge, centralised and initially at least access that permits the extraction of data to all relevant documentation under prospectus law. The transposition of Article 21a of Regulation (EU) 2017\/1129<\/strong> requires the collection of additional data and making additional documents available. The filing of documents is intended that are to be drawn up and published instead of a prospectus when making used of certain prospectus exceptions, including the required meta data. Receiving of notifications by the OeKB Notification Office occurs based on a delegation pursuant to Article 5 (8) of Regulation (EU) 2023\/2859 (the ESAP Regulation). The OeKB’s existing data collection procedures and infrastructures are used in a cost effective manner.<\/p> Notifications and all further prospectus information can be accessed in the ESMA Prospectus Register<\/a>.<\/p> \n Short Guide - Instructions about Registration (Format: <\/span>pdf, Size: <\/span>397,5 KB, Language: <\/span>English)<\/a> Sample Power of Attorney Form (Format: <\/span>docx, Size: <\/span>34,0 KB, Language: <\/span>English)<\/a> Schedule D Prospectus - Information about Summary (Format: <\/span>pdf, Size: <\/span>225,9 KB, Language: <\/span>English)<\/a> Information and Prospectus Requirements (Format: <\/span>pdf, Size: <\/span>151,6 KB, Language: <\/span>English)<\/a> <\/div> \n<\/p>\n","protected":false},"excerpt":{"rendered":" Registration as Submitter of ProspectusesThe FMA is competent under the Capital Market Act 2019 (KMG 2019; Kapitalmarktgesetz 2019) for the …<\/p>\n","protected":false},"author":10,"featured_media":0,"parent":8735,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"inline_featured_image":false,"footnotes":""},"class_list":["post-8741","page","type-page","status-publish","hentry"],"yoast_head":"\nElectronic submission<\/h3>
Improvement orders and resubmissions<\/h3>
Approval<\/h3>
Obligation to pay fees<\/h3>
Note to applicants<\/h3>
Notifications to the Oesterreichische Kontrollbank (OeKB) in its capacity as the Notification Office in accordance with Article 23 KMG 2019<\/strong><\/h2>
New-Issue Calendar pursuant to Article 24 KMG 2019<\/h3>
Extended notification obligation in a case of offerings\/admission to trading involving FMA approved prospectuses<\/h3>
Extended notification obligations due to the introduction of the European Single Access Point (ESAP)<\/h3>
Documents<\/h2>
<\/span>Information<\/h2>