In Austria, deposit protection and investor compensation are regulated by the Deposit Guarantee Schemes and Investor Compensation Act (Einlagensicherungs- und Anlegerentschädigungsgesetz – ESAEG). These provisions represent the transposition of corresponding EU directives into national law.
Since 1 January 2019, investor compensation for all Austrian credit institutions is performed by Einlagensicherung AUSTRIA Ges.m.b.H (DGS AUSTRIA). Exceptions are those banks being member of the institutional protection system of ERSTE Bank and savings banks. Those banks are protected by S-Haftungs GmbH.
Every credit institution domiciled in Austria that wishes to provide investment services subject to compulsory coverage must belong to one of these two protection schemes, otherwise its licence to provide investment services subject to compulsory coverage will expire. The licenses of all Austrian credit institutions can be checked on the website of theFinancial Market Authority (FMA). The ownership structure of a credit institution is irrelevant for investor compensation; the existence of an Austrian license is essential.
Legally dependent branches of banks that provide investment services in Austria under the freedom of establishment and the freedom to provide services and which therefore do not have an Austrian banking license are subject to investor compensation in the country in which the bank is domiciled. Therefore, any claims must always be asserted in accordance with the legal provisions of the country of domicile. These foreign credit institutions may also become members of an Austrian protection scheme (voluntary membership) with respect to the securities services provided in their branches in Austria that are subject to compulsory coverage, but are only protected there to the extent that the type and scope of protection provided by the state in which the credit institution is domiciled is less than that provided in Austria.
In principle, all receivables from the bank from
Securities held in a customer custody account in accordance with the agreement are merely held in safe custody by the Bank. They are the property of the customer and must be delivered to the customer at any time upon request or transferred to another securities account designated by the customer. They are therefore in principle neither a case for deposit protection nor for investor compensation.
Securities which are held in a client custody account in accordance with the agreement, but which in a payout event cannot be transferred or disbursed by the Bank to another custody account in accordance with instructions, are secured up to a maximum amount of EUR 20,000.00 within the framework of investor compensation.
Claims arising from credit balances of accounts which could be indemnified both as a covered deposit and as a claim from securities transactions subject to security obligations are to be indemnified as a covered deposit within the framework of deposit protection (article 51 (1) Deposit Guarantee Schemes and Investor Compensation Act).
Amounts that originate from the reflow from the customer's securities (e.g. dividend income, coupon payments, redemptions or sales proceeds) are secured as a deposit in an account of the customer within the framework of deposit protection up to a maximum payout amount of EUR 100,000.
Income accruing between the occurrence of the payout event and the disbursement of the secured amount is taken into account within the framework of investor compensation (article 50 (2) Deposit Guarantee Schemes and Investor Compensation Act).
Please note that article 47 (2) Deposit Guarantee Schemes and Investor Compensation Act excludes certain claims from securities transactions from the coverage within the scope of investor compensation.
If the respective prerequisites for the claim are met, claims from deposit protection and investor compensation can be exercised independently of each other; there is no aggregation.
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