Updating of documents relating to the account holder

Accounts in the EU Emissions Trading System (EU ETS)

The Austrian Emissions Trading Registry has to be notified within 10 working days of changes to documents relating to an account holder and submitted to the Austrian Emissions Trading Registry for the opening of the account. In certain cases, supporting information has to be provided.

If supporting information has to be provided (depending on the account type, the country issuing the document, type of document), the Austrian Emissions Trading Registry will inform the authorised representatives about the documents that are needed and their formal requirements.

The duty to notify the Emissions Trading Registry applies to updates of the following documents:

  • Proof of registration as a legal entity to confirm the details of the registered office address (extract from the companies register certified by a notary public or electronic extract with official signature, extract from commercial register)
  • Specimen signatures of authorised signatories certified by a notary public
  • Certificate of the local tax office to confirm your valid VAT (Value Added Tax) registration number
  • Greenhouse gas emission permit (operator holding account)
  • Monitoring plan permit (aircraft operator holding account)
  • Proof of Legal Entity Identifier (can be submitted informally by electronic means)
  • Proof of identity and evidence to support the address of the permanent residence if the account holder is a natural person. If the main residence is in Austria and the data is available in the central residence register it is not necessary to submit a proof.
  • Operator holding and aircraft operator holding accounts, if applicable: if the account holder is part of a group it shall provide a document clearly identifying the structure of the group (extract from the Register of Beneficial Owners, either the original document or a copy certified by a notary public)
  • Operator holding and aircraft operator holding accounts, if applicable: Proof of being part of a group of companies, which clearly shows the structure of the group (extended excerpt of the register of Beneficial Owners, original or a copy certified by a notary public)

Additional documents required for trading accounts:

  • Criminal record certificate for the natural person, or the managing directors (CEO) if the account holder is a legal person
  • Evidence to support that the account holder is the holder of an open bank account in a member state of the EEA
  • Information about the legal entity's beneficial owners (name, date of birth and nationality including the type of ownership or control they are exercising) (simple excerpt of the register of Beneficial Owners in original or a copy certified by a notary public)
  • List of managing directors (CEOs) and/or authorised signatories of the account holder (unless already stated in one of the documents listed above)

Please note that some changes require an update of the account details held in the Union Registry (see Section: Updating of account information in the Union Registry). The Austrian Emissions Trading Registry will be happy to let you know in which cases this is required.

 

Simplified procedure for extracts from the companies register and for specimen signatures

The Austrian Emissions Trading Registry has the right to consult the Austrian electronic companies register. Extracts from the companies register, as well as specimen signatures that have been certified by a notary public and included in the publicly accessible document collection of the Austrian companies register, can thus be accessed and downloaded by the Austrian Emissions Trading Registry.
For information updates, the Austrian Emissions Trading Registry can obtain the above-mentioned documents for certain account types, as part of the services it offers.

If there are any changes to the companies register or authorised signatories that are of relevance to an account, the only notification requirement for account holders with a registered office address in Austria is the obligation according to Article 22 (1) of Regulation (EU) 2019/1122, under which account holders have to notify the national administrator within 10 working days of changes to the information submitted for the opening of an account. It is no longer necessary to submit  a relevant supporting document (extract from the companies register or certified specimen signature, if available in the document collection) for the account types referred to above. The Emissions Trading Registry itself can update the data.

Accounts in the Kyoto Protocol Registry (KP Registry)

The Austrian Emissions Trading Registry has to be notified within 10 working days of changes to documents relating to an account holder and submitted to the Austrian Emissions Trading Registry for the opening of the account. In certain cases, supporting information has to be provided.

If supporting information has to be provided (depending on the account type, the country issuing the document, type of document), the Austrian Emissions Trading Registry will inform the authorised representatives about the documents that are needed and their formal requirements.

The duty to notify the Emissions Trading Registry applies to updates of the following documents:

  • Proof of registration as a legal entity to confirm the details of the registered office address (extract from the companies register certified by a notary public or electronic extract with official signature, extract from commercial register)
  • Specimen signatures of authorised signatories certified by a notary public
  • Certificate of the local tax office to confirm your valid VAT (Value Added Tax) registration number
  • Proof of identity and evidence to support the address of the permanent residence if the account holder is a natural person. If the main residence is in Austria and the data is available in the central residence register it is not necessary to submit a proof.
  • Criminal record certificate for the natural person, or the managing directors (CEO) if the account holder is a legal person
  • Evidence to support that the account holder is the holder of an open bank account in a member state of the EEA
  • List of beneficial owners of the account holder (unless already included in one of the documents listed above)
  • List of managing directors (CEOs) and/or authorised signatories of the account holder (unless already stated in one of the documents listed above)

Please note that some changes require an update of the account details held in the Union Registry (see Section: Updating of account information in the Union Registry). The Austrian Emissions Trading Registry will be happy to let you know in which cases this is required.

 

Simplified procedure for extracts from the companies register and for specimen signatures

The Austrian Emissions Trading Registry has the right to consult the Austrian electronic companies register. Extracts from the companies register, as well as specimen signatures that have been certified by a notary public and included in the publicly accessible document collection of the Austrian companies register, can thus be accessed and downloaded by the Austrian Emissions Trading Registry.
For information updates, the Austrian Emissions Trading Registry can obtain the above-mentioned documents for certain account types, as part of the services it offers.

In the case of person holding accounts and former operator holding accounts, the notification of changes to the companies register that are of relevance to these accounts still has to be supported by relevant information. If the holder of a person holding or former operator holding account has a registered office address in Austria, and a specimen signature is available in the document collection of the Austrian companies register, all that is required is to notify the Austrian Emissions Trading Registry of any changes affecting the authorised signatories. It is not necessary to provide notarised specimen signatures.