Country Manual Products – Update
Austria (out of EEA)
BRP has updated its Country Manual Products for Austria (out of EEA)
| Source of changes | Answers |
|---|---|
| Law / Regulation | No |
| New Position of the Authorities | No |
| Evolution of Expert’s Interpretation | Yes |
Definitions & Concepts, Regulatory Overview and Behaviour Template
The Country Manual has been reviewed to ensure that the content of all the documents remains accurate and up to date.
Material changes
The changes/modifications are as follows:
- It is emphasised that the EU rules laid down in an EU directive are not directly applicable as such in the EU Member States, but must be transposed into national law, and that the EU Member States can go beyond the harmonised framework of the EU directive in certain aspects in their national transposition laws. This is known as “gold plating”. Therefore, the “local distribution rules” do – in principle – not need to be considered when an investor visits the foreign (unlicensed) service provider on its own initiative outside of Austria (at source).
- In this context, the requirement for the Austrian “New Issue Calendar” is no longer reflected in the Country Manual Products Behaviour Template (CM P BT) in the offshore distribution scenario (at source). The same applies to the distribution of Alternative Investment Funds (AIFs) that are not registered for public distribution in Austria.
Non-material changes
Some comments and content have been slightly reworded in the Country Manual, without introducing substantive changes to reflect the regulatory situation/current interpretation of the regulatory framework more accurately.
For more information, please contact us: info@brpsa.com
Geneva, August 16th, 2024