download - Volksbank AG
download - Volksbank AG
download - Volksbank AG
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
VOLKSBANK <strong>AG</strong> – INVESTKREDIT PROFILE<br />
COMPANY NAME AND ADDRESS<br />
Investkredit Bank <strong>AG</strong><br />
Kolingasse 14 - 16<br />
1090 Vienna<br />
Tel. +43(0)50 4004-0, Fax +43(0)50 4004-3686<br />
E-mail: investkredit@investkredit.at<br />
Internet: www.investkredit.at<br />
Bic: 18160<br />
Swift: VBOEATWWINV<br />
VAT Number: ATU15348906<br />
Investkredit Bank <strong>AG</strong> is registered at the Commercial Court of Vienna under the commercial registry number FN 117164a.<br />
RESPONSIBLE REGULATORY AUTHORITY<br />
Investkredit Bank <strong>AG</strong> is supervised by FMA (Financial Market Authority/Bank Authority)<br />
Praterstraße 23, A-1020 Vienna.<br />
Tel: + 43 (0) 1/249 59-0, Fax: +43 (0) 1/249 59-4499<br />
Internet: www.fma.gv.at<br />
MAIN BUSINESS OPERATIONS<br />
Pursuant to the notification by the Financial Market Authority, Investkredit Bank <strong>AG</strong> is a financial institution with banking licence,<br />
which encompasses the operations subsumed under § 1 section 1 subsections 1-5, 7-11, 15, 1 and 18 of the Bankwesengesetz<br />
[Federal Law on Banking].<br />
Investkredit Bank <strong>AG</strong> provides services and auxiliary services in investment and securities, especially with regard to the acquisition<br />
and realisation of securities, as well as the depositing thereof. Information on the costs and ancillary costs may be learnt<br />
from the respective documents, which were sent to the Client in connection with MIFID in October 2007 (“MIFID File”).<br />
If a brochure pursuant to the Kapitalmarktgesetz (KMG) [Capital Market Act] is published for a security issued and publicly<br />
offered by Investkredit Bank <strong>AG</strong>, then Investkredit Bank <strong>AG</strong> shall send the stated brochure to the Client on request. If a brochure<br />
pursuant to the Kapitalmarktgesetz (KMG) [Capital Market Act] is published for a security issued and publicly offered by<br />
the Österreichische <strong>Volksbank</strong>en-<strong>AG</strong>, then the Österreichische <strong>Volksbank</strong>en-<strong>AG</strong> shall hold the stated brochures available for<br />
collection in all bank branches.<br />
COMMUNICATION BETWEEN CLIENT AND BANK<br />
All correspondence (e.g. contracts, business receipts) between Client and Bank shall be carried out either in German<br />
or English.<br />
The following means of communication may be used:<br />
n Personal conversation<br />
n Letter<br />
n Telephone call<br />
n Fax<br />
The Client may assign orders in person or in writing, or, after concluding the appropriate agreement (“Telephone/Fax Agreement”),<br />
per telephone or fax.<br />
December 2010
CLIENT CATEGORISATION<br />
Banks must categorise their Clients as Private Clients, Corporate Clients or Suitable Counterparties.<br />
In accordance with the law, Corporate Clients are federal authorities, the Austrian Federal States, investment firms,<br />
insurances, capital investment companies, and companies which fulfil at least two of the following criteria:<br />
n<br />
n<br />
n<br />
Total assets amounting to at least EUR 20 m<br />
Net turnover amounting to at least EUR 40 m<br />
Own funds amounting to at least EUR 2 m<br />
Corporate Clients are subject to a lower level of protection in relation to Private Clients. With Corporate Clients,<br />
Investkredit Bank <strong>AG</strong> shall not be subject to such an encompassing duty to inform. The scope of the acceptance test<br />
shall be reduced and the suitability test shall not be conducted.<br />
Certain legal Corporate Clients may be deemed Suitable Counterparties, provided Investkredit Bank <strong>AG</strong> concludes or<br />
procures business transactions relating to the stated Clients.<br />
Companies which fulfil the requirements for categorisation as Corporate Clients may also apply to be categorised as<br />
Suitable Counterparty. Suitable Counterparties are subject to the lowest level of protection pursuant to Securities Supervision<br />
Act (W<strong>AG</strong>) 2007, so that, for instance, the principles of execution of order (execution policies) or acceptance and<br />
suitability tests are not conducted, which means Investkredit Bank <strong>AG</strong> is, i.a., only obligated to adhere to the regulations<br />
governing conflicts of interest and client categorisation notification.<br />
All Clients who are neither Corporate Clients nor Suitable Counterparties are Private Clients. Corporate Clients or Suitable<br />
Counterparties may, however, request to be treated as Private Clients (or Corporate Clients) at any time, thus receiving<br />
a higher level of protection.<br />
Private Clients receive the highest possible level of protection pursuant to W<strong>AG</strong> 2007 [Securities Regulation Act 2007].<br />
A Private Client, however, may apply to be categorised as a Corporate Client, if he meets two of the following three<br />
criteria:<br />
n conclusion of an average of 10 transactions of substantial volume per quarter over the previous four quarters<br />
(totalling at least EUR 15,000.–)<br />
n Liquid funds and financial instruments amounting to at least EUR 500,000.–<br />
n A professional post in the financial sector – for the duration of at least one year – which requires knowledge<br />
of the planned business operations and services<br />
TYPE, FREQUENCY AND NOTIFICATION DATES FOR THE REPORTS ON SERVICES PERFORMED<br />
Investkredit Bank <strong>AG</strong> shall submit an account or confirmation of order to the Client promptly, and no later than the first<br />
business day after execution of order, or - should the confirmation of order be issued by a Third Party - no later than the<br />
first business day after receipt of all relevant data.<br />
Custody account itemisations shall be sent out annually or on request.<br />
INFORMATION ON DEPOSIT INSURANCE AND INVESTOR COMPENSATION<br />
Due to EU directives, all banks in Austria which accept deposits subject to compulsory insurance or provide services in<br />
investment and securities subject to compulsory insurance, are legally obligated to be members of deposit insurance<br />
institutions.<br />
Investkredit Bank <strong>AG</strong> belongs to the deposit insurance sector of the Verband Österreichischer Banken und Bankiers<br />
GmbH [Austrian Bankers’ Association].<br />
2
Deposits or loans and advances to investors from services in investment and securities shall be insured up to the limit<br />
amount of EUR 20,000.– in the event of insolvency, bankruptcy oversight or cessation of payment.<br />
In the case of loans and advances to creditors who do not constitute natural persons, the insurance institution’s liability<br />
shall be limited to 90% of the insured loans and advances – i.e. to the limit amount of EUR 18,000.–.<br />
Compensation for the loss of securities shall also apply if, in the event of insolvency, bankruptcy oversight or cessation<br />
of payment, the investor’s assets are also reduced due to illegal activities which put the bank in a position in which it<br />
can no longer reimburse the investor with the assets.<br />
For further guidelines we refer to the legal regulations of §§ 93, 93a, 93b and 93c of the Bankwesengesetz (BWG)<br />
[Federal Law on Banking] on deposit insurance (including the exceptions pursuant to § 93 section 5 BWG). We will gladly<br />
provide you with these regulations on request.<br />
DEPOSITORY POLICIES<br />
In the case of executed transactions in securities and other financial instruments – such as purchase and sale – including<br />
the associated depositing and administration, and where these operations are not executed by Investkredit Bank <strong>AG</strong><br />
directly, Investkredit Bank <strong>AG</strong> shall deploy external domestic or foreign third party depositories. It shall be noted that<br />
Investkredit Bank <strong>AG</strong> shall attach utmost importance to careful selection of the appropriate third party depository.<br />
Financial instruments may not be utilised for the accounts of Investkredit Bank without explicit and written authorisation<br />
by the Client.<br />
Investkredit Bank <strong>AG</strong> strictly separates Client assets from the assets of Investkredit Bank <strong>AG</strong>.<br />
In the domestic market, the depositing shall occur as collective deposit, of which the Client shall be a proportional<br />
co-proprietor of the collective security funds of the same type – and thus retain the right for segregation in the event<br />
of depository insolvency.<br />
Investkredit Bank <strong>AG</strong> shall remain liable with regard to its depositing for misconduct by its employees. In the event of a<br />
third party depository being deployed, Investkredit Bank <strong>AG</strong> shall be liable for the stated depository’s defaults; however,<br />
Investkredit Bank <strong>AG</strong> shall be liable towards companies only for deficient selection of the third party depository.<br />
In the event of third party depositing abroad, Investkredit Bank <strong>AG</strong> shall be subject to the valid legal regulations and<br />
practices of the respective country or depository location, as well as the general terms and conditions of the respective<br />
contractual partner. In the event of third party depositing abroad, the foreign third party depository shall receive<br />
regular, explicit, written notifications by Investkredit Bank <strong>AG</strong>, imparting that the securities deposited for Clients<br />
belong to these Clients and are not owned by Investkredit Bank <strong>AG</strong>.<br />
Security interest, lien or right of retention of Client securities, may only be asserted by third party depositories if<br />
Investkredit Bank <strong>AG</strong> fails to fulfil its payment obligations resulting from the business relationship. Such assertion shall<br />
only be possible in the domestic market if loans and advances have arisen in relation to these securities.<br />
Pursuant to the agreed General Terms and Conditions for Banking Operations (ABG), Investkredit Bank <strong>AG</strong> shall be<br />
entitled to security interest, especially in accordance with items 49ff (lien) and 58ff (right of retention).<br />
3