OeKB as Notification Office in accordance with Sec. 23 Austrian Capital Markets Act 2019, is to be notified of all securities or investments as early as possible. These notifications to the new-issue calendar pursuant to Sec. 24 Capital Markets Act 2019 have to be made before they are offered in Austria for the first time. Public and non-public offers are subject to the notification obligation.
Your situation
You represent a bank, insurer, a company or an issuer, and are an offerer of securities or investments. You are therefore obliged, pursuant to Sec. 24 Capital Markets Act (KMG), to notify your planned issues to the new-issue calendar as early as possible.
show moreWithin the scope of the notification to the new-issue calendar, information on the prospectus must be sent to the Notification Office pursuant to the KMG at the OeKB or information on exemptions from the prospectus obligation.
Further offers of the same securities or investments do not have to be notified.
The Capital Markets Act (KMG)
You can find the complete text of the Capital Markets Act in the legal information system of the Federal Chancellery (RIS).
Our service:
Safe notification via the Online Notification Office
Following a one-time registration, notifications to the new-issue calendar can be done in three ways via the Online Notification Office:
- Single notification via an input screen.
- Bulk notification by uploading an Excel notification form.
- A standardized technical XML-interface is provided for automated data transfer of notifications to the New Issue Calendar and for request of new ISINs to OeKB AG and for the submission of digital global certificate data the OeKB CSD GmbH. All relevant data fields are tabulated in Description of the XSD notification fields, XSDs and documentation, further information about the interface is given in Technical specification of the OeKB XML interface
Registration for notifications to the new-issue calendar
Description of the notification fields
Information of the CMA notification office on the
Launch of the ESMA notification portal in accordance with the Prospectus Regulation and
the related changes to notifications under Section 24 of the Austrian Capital Markets Act
(December 2020)
Background:
The notification portal of the European Securities and Markets Authority (ESMA) under Regulation (EU) 2017/1129 (Prospectus Regulation, PVO) and the delegated Regulation (EU) 2019/979 became operational in December 2020. National competent authorities (NCAs) are required to submit to the ESMA notification portal for this purpose all data required under the delegated Regulation (EU) 2019/979 regarding issues for which they have approved prospectuses (classification data). To this end, the Financial Market Authority (FMA) uses, inter alia, the issue-related data reported to the issuance calendar of the CMA Notification Office. The Notification Office has adjusted the reporting data according to the requirements of the ESMA notification portal.
The following information is intended to give offerers who report their issues to the CMA Notification Office's issuance calendar pursuant to Section 24 of the Austrian Capital Market Act a simple overview of which of their offerings are covered by the changes and which offerings remain unaffected:
Notifications or offers affected by the amendments
Only offers of securities issued under a prospectus previously approved by the FMA under the Prospectus Regulation are affected by the amendments.
The main amendments are:
- Changes to the notification data according to ESMA classification
The reporting form of the CMA Notification Office has been adapted accordingly for reporting these offers.
- Omission of the filing of Final Terms with the FMA
Furthermore, final terms relating to offers made under a base prospectus are deemed to have been filed with the FMA once they have been uploaded to the CMA Notification Office in the course of a notification. In this case, it is no longer necessary to separately file the Final Terms with the FMA.
Notifications or offers not affected by the amendments
For all other notifications of offers, i.e. for all offers not made under a prospectus approved by the FMA under the Prospectus Regulation, there will be no changes compared to the previous reporting system under Article 24 of the Austrian Capital Markets Act (exemption: data field "related prospectus ID" was inserted). This includes offers notified from other countries, offers exempt from prospectus requirements and offers issued under a CMA prospectus.
Further information
Further information can be found on the homepage of the CMA Online Notification Office and Financial Market Authority (FMA)
Your advantages:
You can comply with your notification obligation in a way that suits you.
You can issue fully automatic notifications via the OeKB XML interface and, in doing so, minimise your efforts.
You can apply for ISIN over the same XML interface and therefore only have to implement the system once.
The fee
| Issues per issuer per calendar year |
Fee excl. VAT per issue |
|---|---|
| 1st to 500th | € 150 |
| 501st to 1000th | € 75 |
| 1001st to 2000th | € 37.50 |
| from 2001st | € 0 |
All of an issuer’s issues notified within one calendar year (1 January to 31 December) to the new-issue calendar, pursuant to the KMG, are used as the basis for calculating this tiering.
For notifications that are not sent via the online notification office, a fixed fee in the amount of € 200 excl. VAT per issue will be collected. This includes an additional processing fee in the amount of € 50 excl. VAT. The tiering is omitted.
In order to be able to provide you with our services in the usual quality and reliability, we would like to inform you that we adjust the fees as of 1 January, 2023 according to the inflation development (CPI 2020 as of July 2022).
Questions?
Fri: 09:00 a.m. - 03:00 p.m.
