for Trading Members and prospective Trading Members
for the purpose of Article 7 of Commission Delegated Regulation 2017/584
If yes, Part II is mandatory.
If yes, Part III is mandatory.
a) Do you use pre-trade controls above those embedded in WBAG's Trading System (i.e. price collar check, maximum order volume, maximum order value)?*
b) Do you use post-trade controls?*
According to Item 3. (6) of WBAG's Rules for the Technical Installations of the Trading Systems, a Trading Member must ensure that the member trading system and its access to the exchange EDP system, its trading algorithms and its trading strategies.
a) Please confirm that you comply with Item 3. (6) of WBAG's Rules for the Technical Installations of the Trading Systems:*
b) Please indicate which person(s) shall be authorized by you to confirm the performance of con-formance tests as required from time to time (please note that only Conformance Test Readiness Statements signed by the person(s) mentioned herein shall be accepted):
c) Conformance Test Contacts (please enter name, job title, phone, email)
According to Item 2. (4) of WBAG's Rules for the Technical Installations of the Trading Systems, the use of the exchange EDP system for taking part in exchange trading, is permitted only for exchange traders admitted to exchange trading.
Furthermore, according to Item 13. (1) of WBAG's Rules for the Technical Installations of the Trading Systems, Trading Members are under the obligation, to make qualified personnel available in sufficient numbers at all times during exchange trading hours.
Please confirm that you comply with Items 2. (4) and 13. (1) of WBAG's Rules for the Technical Installations of the Trading Systems:*
Please confirm that you can make use of a "Kill Functionality" at any time and that you have a policy in place for such "Kill Functionality":*
Please confirm your compliance with requirements according to Commission Delegated Regulation (EU) 2017/589 ("RTS 6"):
Direct Market Access means an arrangement where a member or participant or client of a trading venue permits a person to use its trading code so the person can electronically transmit orders relating to a financial instrument directly to the trading venue when that person uses the infrastructure of the member or participant or client, or any connecting system provided by the member or participant or client, to transmit the orders. A person shall be considered not capable of electronically transmitting orders relating to a financial instrument directly to a trading venue: where that person cannot exercise discretion regarding the exact fraction of a second of order entry and the lifetime of the order within that timeframe, or where such direct electronic order transmission takes place through arrangements for optimisation of order execution processes that determine the parameters of the order other than the venue or venues where the order should be submitted, unless these arrangements are embedded into the clients' systems and not into those of the member or participant of a regulated market or of an MTF or a client of an OTF.
a) Please indicate whether you provide Direct Market Access as defined in Article 4 (1) No. 41 MiFID II and Art 20 Commission Delegated Regulation (EU) 2017/565:*
If yes, please confirm that you are registered as a credit institution or as an investment firm in the meaning of Article 48 (7) MiFID II:
If yes, please confirm that you comply with Item 9. of WBAG's Rules for the Technical Installations of the Trading Systems when providing Direct Market Access:
b) Which systems and processes are in place to monitor, filter and control the orders and trades of your DMA customers and which criteria are applied for this purpose?
c) Please confirm that you have implemented an orderly due diligence process for DMA customers serviced with focus on initial process and ongoing measures (as provided for in Article 9 (3) of WBAG's Rules for the Technical Installations of the Trading Systems):
d) Please describe mechanisms which are in place to support the orderly provision of flow to the exchange and how they affect the order flow.
According to WBAG's Rules for the Technical Installations of the Trading Systems, an order routing system is a member software application that makes it possible to send the entries of the different users of the member software, especially orders and order cancellations, directly to the exchange EDP system with the user ID of an exchange trader. The differentiation to direct market access must be made pursuant to Article 20 of Delegated Regulation (EU) 2017/565.
a) Please indicate whether you provide Order Routing System as defined in WBAG's Rules for the Technical Installations of the Trading Systems:*
b) Please describe mechanisms which are in place to support the orderly provision of flow to the exchange and how they affect the order flow.
In case you provide DMA and ORS: How do you implement and monitor the accountable, clear and consistent distinction between ORS and DMA transactions?
Please indicate whether you are under the obligation to report transactions according to Article 26 (1) MiFIR:*
We hereby declare that we explicitly acknowledge the provisions of Article 28 Stock Exchange Act and conform that:Current version of the Stock Exchange Act
a) there are no facts that questions the required reliability of the Trading Member for participation in exchange trading;
b) there are no circumstances that restrict the capacity of the Trading Member to carry on business transactions, especially due to insolvency; this also applies in the case of any similar circumstances outside the country;
c) the Trading Member or one of its officers has not be sentenced by a court of law due to a criminal act pursuant to Art. 13 Trade Act or pursuant to one of the Articles 105 to 108, 154 to 156, 163 and 164 of the Stock Exchange Act or sentenced outside the country for a criminal act that may be deemed equivalent under these provisions;
d) there are no facts that may be detrimental to the reputation, orderly trading or fairness of trading on domestic markets.*
We hereby confirm that the provisions of §§ 35 and 36 Stock Exchange Act are met and complied with as of the date of record for all persons admitted as exchange traders of the Trading Member.
We hereby explicitly confirm that concerning the persons named as exchange traders:
a) no facts are known that might indicate that the Applicant is not as reliable as is required to be able to take part in trading on the exchange;
b) there are no circumstances that restrict their capacity to carry on business transactions, especially due to insolvency; this also applies in the case of any similar circumstances that may apply outside the country;
c) they have not be sentenced by a court of law due to a criminal act pursuant to Art. 13 Trade Act or pursuant to one of the Articles 105 to 108, 154 to 156, 163 and 164 of the Stock Exchange Act or sentenced outside the country for a criminal act that may be deemed equivalent under these provisions
We hereby acknowledge that we must immediately report to Wiener Börse AG any circumstances that may render the assurances given above as no longer being in accordance with the facts and provide evidence of said report, especially any pending as well as final legal proceedings before courts and administrative authorities against us and/or against our officers, legal representatives and exchange traders. Wiener Börse AG shall retain the right to review at any time compliance with the requirements for admission as an exchange member itself and to request the corresponding information of the exchange member.*
We hereby acknowledge that according to Article 2 (6) of WBAG's General Terms and Conditions Exchange members must comply with all national and international legislation relating to legal transactions concluded on the Vienna Stock Exchange on the Vienna Stock Exchange and on the Third Market, in particular, with the Stock Exchange Act, the Securities Supervision Act, applicable EU law, and the General Terms and Conditions of Business of the Vienna Stock Exchange including the Special Terms, all as amended.*
* Please fill out this field (mandatory field)
MitgliedschaftMitgliederlisteXetra®-Umsatzstatistik der HandelsmitgliederOrder-to-trade ratio
If you have any questions, please contact due-diligence(a)wienerboerse.at or:
peter.burger(a)wienerboerse.at T +43 1 531 65-149
margit.scozzari(a)wienerboerse.at T +43 1 531 65-257