Finanzmarktaufsicht (FMA)

Overview

The Austrian Financial Market Authority (German: Österreichische Finanzmarktaufsichtsbehörde, abbreviated FMA) is Austria's integrated financial regulator responsible for prudential supervision, conduct oversight, and market integrity across all financial sectors.

Established on 1 April 2002 by the Financial Market Authority Act (Finanzmarktaufsichtsbehördegesetz, FMABG), the FMA replaced sector-specific regulators with an integrated supervisory model covering banking, securities, insurance, and pension funds.

Leadership Structure

Executive Board: Comprises multiple members overseeing different supervisory domains

Key Leadership (2024):

• Mariana Kühnel – Executive Director, EIOPA Board representative

• Helmut Ettl – Executive Board member since 2008 (reappointed 2022, term until February 2028)

Strategic Autonomy

The FMA is established as an independent authority under public law with its own legal personality. The Authority operates independently and is not bound by political directives in the exercise of its supervisory functions.

Basic Identity

Classification

Inclusion Justification

What This Entity Oversees

Banking and Credit Institution Supervision

Supervisory Scope

The FMA oversees:

• Commercial banks

• Savings banks

• Cooperative banks

• Credit institutions and investment firms

• Branch operations by foreign banks

• Payment institutions and electronic money institutions

Single Supervisory Mechanism (SSM)

As an Eurosystem member, Austria participates in the ECB's SSM framework:

• Significant Institutions (SIs): Direct ECB supervision

• Less Significant Institutions (LSIs): FMA supervision with ECB oversight

Prudential Standards

Capital Requirements:

• Minimum Common Equity Tier 1 (CET1): 8% + buffers

• Tier 1 capital ratio: 10.5% minimum

• Total capital ratio: 12.5% minimum

• Countercyclical buffer (CCyB): Risk-based

• Systemic risk buffer (SyRB) for systemically important institutions

Liquidity Standards:

• Liquidity Coverage Ratio (LCR): 100% minimum

• Net Stable Funding Ratio (NSFR): 100% minimum

• Intraday liquidity monitoring

Leverage Ratio:

• 3% minimum leverage ratio

• Large exposure limits and concentration monitoring

Supervisory Tools

• Stress testing and scenario analysis

• On-site examinations and deep dives

• Regular capital assessments and planning (SREP)

• Continuous monitoring and reporting

• Macroprudential risk identification

Market Supervision

• Wiener Börse (Vienna Stock Exchange)

• OTC and multilateral trading facilities (MTFs)

• Alternative Trading Systems (ATS)

• Investment services providers (ISPs)

• Market infrastructure operators

Capital Markets Conduct

• Insider dealing prohibition and enforcement

• Market manipulation prevention

• Prospectus approval for securities offerings

• Continuous disclosure and periodic reporting

• Investment firm authorization and governance

• Custody and depository supervision

Fund Management

• Fund managers and alternative investment funds (AIFs)

• Collective investment schemes (CIS/UCITS)

• Fund administrators and custodians

• Fund governance and investor protection

Insurance Supervision

The FMA oversees:

• Non-life (property, casualty, liability) insurers

• Life insurance undertakings

• Reinsurance companies

• Insurance brokers and intermediaries

• Insurance agents

Solvency II Framework

• Minimum Solvency Capital Requirement (SCR)

• Minimum Capital Requirement (MCR)

• Own Risk and Solvency Assessment (ORSA)

• Internal model authorization and validation

• Governance and internal control standards

• Group capital adequacy (Solvency II groups)

• Regular capital assessments

Pension Fund Supervision

The FMA regulates:

• Occupational pension funds (works pension schemes)

• Personal pension plans

• Pension fund governance and investment management

• Beneficiary protection and funding adequacy

• Cross-border pension arrangements

Crypto-Asset and Digital Service Regulation

Markets in Crypto-Assets Regulation (MiCA)

The FMA issues licenses for crypto-asset service providers (CASPs) under MiCA:

• Crypto-asset exchange services

• Custodian services

• Trading and portfolio management

• Stablecoin issuance and provision

• Cryptoasset AML/KYC compliance

Capital and Governance

• Tiered capital requirements

• Operational resilience and business continuity

• Cybersecurity standards (DORA)

• Customer asset segregation

• Enhanced governance requirements

Digital Operational Resilience Act (DORA)

The FMA supervises DORA compliance:

• Digital operational resilience assessments

• Cybersecurity and incident management

• Third-party service provider oversight

• Outsourcing and cloud service controls

• ICT risk assessments

Regulatory Framework

The FMA enforces comprehensive AML/CFT standards:

• FATF 40 Recommendations implementation

• 5th and 6th EU AML Directives (AMLD5/AMLD6)

• Austrian Money Laundering and Terrorism Financing Prevention Act

• Financial Intelligence Unit (FIU) cooperation

• International sanctions enforcement (EU, UNSC)

Customer Due Diligence (CDD)

• Know Your Customer (KYC) standards

• Customer identity verification

• Beneficial ownership identification

• Politically Exposed Persons (PEP) screening

• Sanctions list checking

Enhanced Due Diligence (EDD)

• High-risk customer assessment

• Enhanced identity verification

• Source of funds investigation

• Enhanced ongoing monitoring

• Risk-rating systems

Suspicious Activity Reporting (SAR)

• Mandatory SAR to FIU for suspicious transactions

• Money laundering typology reporting

• Terrorist financing alerts

• Trade-based money laundering detection

• Cross-border transaction monitoring

2024 Supervisory Priorities and Focus Areas

Governance and Fit & Proper

• Increased fit & proper testing for management

• Enhanced governance assessments

• Deep-dive reviews of board independence

• Leadership competency evaluations

Risk Management and Controls

• Internal control robustness assessments

• Enterprise risk management frameworks

• Risk reporting and monitoring effectiveness

• Business continuity and resilience

Emerging Risks and Innovation

• Crypto and blockchain technology oversight

• Artificial Intelligence (AI) and machine learning governance

• Fintech and innovative business model supervision

• Digital asset infrastructure assessment

• Cybersecurity and data protection

Market Conduct and Consumer Protection

• Investment product disclosure compliance

• Fair dealing and transparency standards

• Complaint handling and customer remediation

• Marketing and sales practice review

• Vulnerable customer protection

Regulatory Powers

Administrative Sanctions

• License issuance, suspension, and revocation

• Administrative monetary penalties (AMPs)

• Capital surcharges and increased requirements

• Cease-and-desist orders

• Restrictions on business activities

• Mandatory management changes

• Customer compensation orders

Supervisory Tools

• On-site examinations and inspections

• Thematic examinations (sector-wide reviews)

• Risk assessment and stress testing

• Deep-dive reviews and focused audits

• Continuous monitoring and off-site supervision

• Board and management meetings

Regulatory Role and Function

Legal Foundation

Financial Market Authority Act (FMABG) 2002

The FMABG establishes the FMA as:

• Single integrated financial services regulator

• Independent legal entity under public law

• Authority to supervise credit institutions, insurance, securities, and pension funds

• Rulemaking and enforcement powers

• Consumer protection mandate

• Financial stability oversight authority

Regulatory Framework

Austria's financial regulatory framework includes:

• Credit Institution Act (Kreditwesengesetz, KWG)

• Banking Regulation (CRD IV/CRR framework)

• Securities Market Act (Wertpapiermarktgesetz)

• Insurance Contract Act and Solvency II framework

• Payment Services Act (PSD2 implementation)

• Anti-Money Laundering Act (AML5/6 Directives)

• E-Commerce and Digital Services Regulations

Licensing and Authorization Relevance

Payment Services Directive (PSD2) Implementation

The FMA authorizes:

• Payment service providers (PSPs)

• Payment initiation services (PIS)

• Account information services (AIS)

• Electronic money institutions (EMIs)

• Money transmission operators

• Funds transfers and remittance services

Capital Requirements

• Payment Institution minimum capital: EUR 125,000

• Electronic Money Institution minimum capital: EUR 350,000

• Safeguarding and segregation requirements

• Customer asset protection standards

• Operational resilience requirements

Open Banking and PSD2 Compliance

• API connectivity and standardization

• Strong Customer Authentication (SCA)

• PIS and AIS regulatory framework

• Data protection and security standards

• Consumer complaint handling

Payments and Money Movement Relevance

The Finanzmarktaufsicht (FMA) – Austrian Financial Market Authority has the following relevance to payments and money movement in Austria:

Payment Systems Governed or Overseen

The Finanzmarktaufsicht (FMA) – Austrian Financial Market Authority has oversight responsibilities across multiple financial sectors in Austria, including payment services:

The entity regulates payment service providers, e-money issuers, and related financial intermediaries within its integrated supervisory mandate.

Relationship to Other Regulators

EU and EEA Coordination

• European Banking Authority (EBA) alignment

• European Securities and Markets Authority (ESMA) cooperation

• European Insurance and Occupational Pensions Authority (EIOPA) participation (Mariana Kühnel, Board member)

• Single Supervisory Mechanism (SSM) with ECB

• Financial Stability Board (FSB) participation

Eurosystem Membership

• Participation in ECB governance

• Monetary policy implementation

• Payment system oversight

• Emergency liquidity assistance framework

• Foreign exchange reserve management

Bilateral Cooperation

• Bilateral MOUs with other EEA/EU regulators

• Cross-border supervisory coordination

• Joint enforcement protocols

• Crisis management cooperation

• Regulatory information sharing

Geography and Jurisdiction Notes

Important Departments and Divisions

Key Public Resources

Finanzmarktaufsicht (FMA) – Austrian Financial Market Authority

• Address: Otto-Wagner-Platz 5, A-1090 Vienna, Austria

• Telephone: +43 1 24959-0

• Email: [email protected]

• Website: https://www.fma.gv.at/en

• Supervisory Inquiries: [email protected]

• Crypto Licensing (MiCA): [email protected]

• AML/CFT Compliance: [email protected]

• Consumer Complaints: [email protected]

Notes on Naming and Language