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CRD VI explained: What the new EU bank M&A rulebook means for Austria
CRD VI (Directive (EU) 2024/1619) introduces a new harmonised EU regime requiring EU credit institutions and licensed (mixed) financial holding companies to obtain prior approval and to notify supervisors before carrying out material acquisitions, mergers, divisions, or material transfers of assets and liabilities. The existing regime governing acquisitions or disposals of qualifying holdings in a credit institution will continue to apply in parallel, with some amendments. The new unified regime replaces today’s patchwork of Member State national rules and extends supervisory involvement well beyond the existing qualifying holdings framework. Until now, many Member States (including Austria) required approval only for
Austria publishes ministerial draft regarding AIFMD II implementation. A new loan origination framework for funds is introduced.
Directive (EU) 2024/927, commonly referred to as AIFMD II, marks the most significant reform of the Alternative Investment Fund Managers Directive (AIFMD) since its original adoption in 2011. Member States are required to transpose AIFMD II into national law by 16 April 2026. On 22 January 2026, the Austrian Federal Ministry of Finance has published a ministerial draft regarding the implementation of AIFMD II by amending the Austrian Alternative Investment Fund Managers Act (Alternative Investmentfonds Manager-Gesetz, AIFMG). The key objectives are a stronger liquidity risk management, a harmonised EU legal framework for loan originating funds, greater transparency and reporting obligations, as well as stricter
Austria’s Crypto Reporting Act: Clear rules and tax transparency for investors
With the new Crypto Reporting Act ("Krypto-Meldepflichtgesetz" – Krypto-MPfG) effective from 1 January 2026, Austria aligns with international standards for transparency and tax compliance in the digital asset space. This reflects the EU’s broader push for harmonised regulation under DAC8 (the eighth amendment to the Directive on Administrative Cooperation in Direct Taxation, which mandates the automatic exchange of information on crypto-asset transactions between the Member States), the OECD’s Crypto-Asset Reporting Framework ("CARF"), and the EU’s Markets in Crypto-Assets Regulation ("MiCAR"). The new legislation implements international standards and sends a clear message: the regulatory net is tightening
EBA consults new SREP Guidelines: Revisions reflect regulatory developments, including DORA and ESG, as well as lessons learned
On 24 October 2025, the European Banking Authority (“EBA”) published a consultation paper on revised guidelines on common procedures and methodologies for the supervisory review and evaluation process (“SREP”) and supervisory stress testing (EBA/CP/2025/21). The consultation period will last three months, until 26 January 2026. The revised SREP Guidelines are expected to apply from 1 January 2027. New SREP Guidelines will integrate recent legislative changes and address lessons learned Since the issuance of the initial SREP Guidelines in 2014 and its subsequent revisions in 2017 and 2021, the European regulatory framework has significantly advanced. Mainly, the CRR III/CRD IV banking package, the Digital
Kinstellar welcomes leading Austrian financial markets expert Miriam Broucek as Partner in Vienna
Kinstellar is delighted to announce that Miriam Broucek, a highly regarded banking & finance lawyer, has joined our newly launched Vienna office as a Partner. Her arrival marks the launch of our Banking & Finance practice in Austria, a significant step in expanding our capabilities in this core area. With her outstanding track record and expertise, Miriam will play a key role in building and leading our finance offering in Vienna, ensuring we provide clients with seamless support on complex local and cross-border matters. Miriam is a recognised expert in financial markets law with many years of experience advising Austrian and international financial institutions on a broad range of regulatory matters, including