Persons subject to due diligence according to Art. 3, (3) DDA
Responsibilities of the supervisory authority
The following persons subject to due diligence shall immediately notify the FMA in writing when they have commenced business activities.
- Bureaux de change as referred to in (1) f;
- Lawyers and law firms with an authorisation under the Lawyers Act, as well as legal agents as referred to in Art. 108 of the Lawyers Act who provide services in accordance with (1) k);
- Members of tax consultancy professions as referred to in (1) n) with the exception of trustees and trust companies with an authorisation for the full exercise of their profession in accordance with Art. 3 (1) b) of the Trustees Act;
- External bookkeepers as referred to in (1) n) with the exception of trustees and trust companies with an authorisation for the full exercise of their profession in accordance with Art. 3 (1) b) of the Trustee Act;
- Real estate agents as referred to in (1) p);
- Persons trading in goods, as referred to in (1) q);
- Token issuers referred to in (1) s);
- Operators of trading platforms for virtual currencies or tokens referred to in (1) t).
- Persons according to (1) u) who trade in works of art or act as intermediaries in the trade of works of art;
- Persons according to (1) v) who hold foreign assets in safe custody and rent out premises and containers for the storage of valuables.
With regard to these persons subject to due diligence the FMA is responsible for the due diligence supervision.
For the notification to the FMA please use the form "Notification of the commencement of an activity related to due diligence pursuant to Article 3 (3) SPG".
To be noted: Service providers for legal entities that hold a relevant authority under the Business Act and provide services on a professional basis as referred to in (1) k) nos. 2. to 5 DDA according to previous law, shall exercise these activities until termination of the relevant authority under the Business Act according to Art. 49 (2) Business Act (at most until 31 December 2025) according to the applicable due diligence requirements.
Further information available in German.