NCEffective Insolvency and Creditor Rights Systems
According to the European Commission's 2003 Final Report of the Expert Group for the "Best Project on Restructuring, Bankruptcy and a Fresh Start," by 2002 Austria had fully adopted 17, almost fully adopted 14, partially adopted 7, and not adopted 3 of the Principles and Guidelines for Effective Insolvency and Creditor Rights Systems developed by the World Bank. As a part of the above-mentioned project, A. Klauser developed a country-specific report on Austria, in which Austria’s compliance with the World Bank principles is looked into in detail, disclosing several areas of deficiency in Austria's compliance. Klauser notes that Austria had no legislation covering global security interests, nor did it have a system for recording and registering secured interests in movable assets. Also deficient was the process for realizing security interests. In the area of legal framework for corporate insolvency, Austria fails to observe World Bank standards because of its legislative rigidity, which hinders effective reorganization procedures. In addition, there is no legislative framework to support informal workouts, and there are no formally established organizational or performance standards set for the courts or qualification criteria for judges. Some of these findings are echoed in the more recent 2005 PricewaterhouseCoopers report, which adds that Austria's insolvency framework is still evolving. In 2003, the Act on International Insolvency Law was passed which potentially addresses some of the cross-border insolvency deficiencies noted by Klauser.
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NCInternational Financial Reporting Standards
As part of its efforts to contribute to the harmonization of accounting practices in the European Union (EU), the Austrian Parliament enacted the Accounting Law in 1990 followed by an amendment of the Austrian Commercial Code (HGB) in 1999. While the 1990 Law incorporated the 4th and 7th EU directives on harmonization of accounting practices, the 1999 amendment of the HGB allowed all Austrian companies, listed or unlisted, to use International Financial Reporting Standards (IFRSs) in preparation of their consolidated financial statements. In 2001, the Vienna Stock Exchange made it a requirement for certain listed entities to apply IFRSs or U.S. Generally Accepted Accounting Principles (GAAP) in consolidated financial statements. However, in accordance with the European Commission (EC) Regulation No. 1606/2002, beginning 2005 all listed companies in the EU are required to use IFRSs as endorsed by the EC in their consolidated accounts. The 2008 EC report on the implementation of the Regulation No. 1606/2002 confirms that Austria requires IFRSs in the consolidated accounts of listed companies and permits IFRSs in the consolidated accounts of all other companies. IFRSs, however, are not permitted for use in the annual accounts of any type of company. Therefore, apart from the mandatory application of IFRSs, other companies follow the HGB and financial reporting regulations specified in other laws for financial institutions, insurance companies, and investment funds. Per a 2004 European Committee of Central Balance Sheet Data Offices report on the main differences between IFRSs and national regulations, the Austrian GAAP differ from the international requirements in many respects.
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ENPrinciples of Corporate Governance
In a 2004 Financial System Stability Assessment, the IMF noted that Austria had taken steps to improve governance in the financial sector in line with international best practices. However, gaps were observed and more needed to be done as indicated in several recommendations made by the IMF. Austria has since undertaken many initiatives to remedy the then mentioned gaps. For instance, according to a 2008 Financial Market Authority (FMA) press release, financial market supervision reform came into force on January 1, 2008 with the introduction of a comprehensive legislative reform package. As part of this package, the Company Code was amended to provide supervisory boards with greater powers. The amended Company Code requires increased transparency and disclosure from companies. Also, the obligations of statutory auditors have been laid out more clearly and stricter requirements on independence and professional conduct have been put in place. Furthermore, a Code of Corporate Governance was introduced in 2002 and last amended in 2009. The Code is applied on a comply-or-explain basis and is based on the provisions of Austrian securities and capital markets laws, the European Union recommendations as well as on the principles set out in the OECD Principles of Corporate Governance. In a more recent overview, a 2009 U.S. Country Commercial Guide describes the Austrian legal, regulatory, and accounting systems as “transparent and consistent with international norms.” Also, the Austrian authorities strengthened financial supervision by putting in place a dual-oversight system with banking sector supervisory roles for both the Austrian National Bank and the FMA.
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IDInternational Standards on Auditing
In general, per a 2009 International Federation of Accountants (IFAC) publication on the global adoption of International Standards on Auditing (ISAs), audits in Austria are conducted in accordance with national auditing requirements contained in the Austrian Commercial Code and expert opinions and recommendations of the Chamber of Chartered Accountants (KWT). However, in matters not regulated by national standards ISAs apply. The IFAC report points out that although application of ISAs as issued by the IFAC is permitted, in case of conflicts between ISAs and national auditing standards, the latter take precedence. By virtue of being a European Union (EU) member, Austria has to comply with the EU Directive No. 2006/43/EC which requires all statutory audits of annual and consolidated accounts to be carried out in accordance with international auditing standards as adopted by the European Commission (EC). Although it is not specified which standards constitute international auditing standards, it is widely anticipated that ISAs as issued by the IFAC will be adopted. Per a 2009 EC publication, Austria was expected to fully transpose the above-mentioned Directive into its national legislation by 2009. As of January 2010, there was no further information publicly available whether the above-mentioned directive had been transposed into Austrian legislation. With regards to enforcement, a 2006 presentation by Markus Palmer noted that there is no enforcement mechanism for financial reporting in Austria. As part of its ongoing efforts to create an adequate system, the Financial Market Authority chaired a working group on enforcement set up by the Austrian Financial Reporting and Auditing Committee.
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IDAnti-Money Laundering/Combating Terrorist Financing Standard
In 2009, the Financial Action Task Force (FATF) released its assessment on Austria's compliance with the FATF Recommendations on Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT). Austria was observed to have a comprehensive AML/CFT framework. Overall, the evaluation found that Austria was fully or largely compliant with 25 of the Financial Action Task Force's (FATF) 40 recommendations (R) and 9 special recommendations (SR). Regarding compliance with core recommendations, Austria was found to be compliant with R10, largely compliant with R1 and SRIV, and partially compliant with R5, R13 and SRII. As result of the transposition of the Third EU Money Laundering Directive, Austria’s AML/CFT framework underwent a significant overhaul in January 2008. These amendments introduced new provisions which include those related to customer due diligence, record-keeping and reporting requirements. While the evaluation was not yet able to ascertain the effectiveness of some of these revisions, it stated that some of the new provisions could still be brought closer in line with FATF recommendations. The Banking Act and Criminal Code criminalize activities related to money laundering and financing of terrorism. Austria’s financial intelligence unit was established in 2002 and is located within the Austrian Interior Ministry’s Federal Criminal Intelligence Service. The FATF, in its 2008-2009 Annual Report, names Austria as one of the jurisdictions that have endorsed the FATF's 40+9 recommendations.
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FCCore Principles for Systemically Important Payment Systems
Until recently, Austria’s systemically important payment system was known as the Austrian Real-Time Interbank Settlement (ARTIS) system. ARTIS was Austria's component of the Trans-European Automated Real-time Gross Settlement Express Transfer (TARGET) system, the euro area payment system. However, in November 2007 TARGET2 replaced TARGET and payment services were harmonized under a single shared platform (SSP) across its member countries. Austria joined TARGET2 with the first wave of countries in November 2007. As a result, ARTIS was deactivated. According to a 2009 European Central Bank (ECB) assessment of TARGET2 against the Core Principles for Systemically Important Payment Systems (CPSIPS) promulgated by the Committee on Payment and Settlement Systems, TARGET2 observes all CPSIPS. Further, information on the Austrian National Bank's website indicates that it fulfills the requirements defined for national payment systems oversight authorities within the Eurosystem, and the implementation measures taken are meant to fulfill both Austrian and European requirements. The ECB points out in a 2007 report that despite the SSP, national legislation and national central banks still maintain primary supervision for their national components of TARGET2.
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