English »法律研究
„GmbH-light “: one step forwards one step backwards – it’s fine by the constitution
After the amendments of the Austrian Limited Liability Company Act there are now three different Austrian GmbH’s with different share capital requirements. An amendment in 2013 lowered the share-capital requirement from 35,000 Euro to 10,000 Euro. Also, previously founded GmbH’s were enabled to lower their share-capital. Since 2014 the share-capital requirement is raised up to 35,000 Euro again. There is still a privilege for newly founded GmbH’s though: they can keep their share-capital in the amount of 10,000 Euro for ten years. Previously founded GmbH’s however can’t make use of this privilege. In its recent decision the Supreme Court of Constitution now found with respect to the principle of equal treatment that this is not unconstitutional (G311/2016).
2017年3月14日
Online customer identification
The FMA Regulation on video-based online identification of customers enters into force on 03.01.2017. Participants of the Austrian financial market, such as banks, insurance companies and investment firms are permitted to use “video-based identification” in order to determine the identity of their customers and to check their legitimacy. Based on the recently passed Financial Markets Anti-Money Laundering Act (FM-GwG; Finanzmarkt-Geldwäschegesetz), the FMA defines in the Online Identification Regulation (Online-IDV; Online-Identifikationsverordnung) the protective measures to be taken to reduce the risks that result from the determination and checking of the identity of customers in the customer’s physical absence.
2017年2月26日
Generous rights to withdraw for consumer-investors
According to the provisions of the capital market act (only) consumer-investors have in any case the right to withdraw their submitted offer, if an obligatory supplement to the prospectus was not published. They are also granted the right to withdraw their acceptance in cases where the initial prospectus was fundamentally incorrect or incomplete. It is required though, that the purchase of the securities took place during a public offering.
2017年1月29日
The new Consumer Payment Account Act
The Consumer Payment Account Act (VZKG) came into force on 18.09.2016. The VZKG implements the requirements of the EU Directive on consumer payment accounts. In particular, these requirements address the comparability of payment account fees, the change of payment accounts and the access to payment accounts with basic features (basic payment account). The European Banking Authority (EBA) is currently consulting on the EU-wide standardised format for a statement of fees, for the fee information document and for the Union standardised terminology.
2017年1月1日
The court commissioner has a right to know
The right to information of the court commissioner and the probate court against banks is based on a special legal provision in the Banking Act. This provision doesn’t differentiate between the secrets of a deceased client or of other persons. Banks are therefore not allowed to refer to their right to keep the bank secrecy against the court commissioner and the probate court. This also means in particular that banks are not allowed to refuse the right to information based on the grounds that rights of third parties or joint account holders would be violated.
2016年11月25日