At that time, the Financial Market Authority initiated dismissal proceedings against the board of directors
Vienna (OTS) – As the news magazine “profil” reports in its current issue, the financial market supervisory authority already had clear doubts about the reliability of the management of Commerzialbank Mattersburg (CMB) at the end of 2015. In November 2015, the authority initiated a so-called manager qualification process, which could have resulted in the dismissal of CMB managers Martin Pucher, Franziska Klikovits and a then third director. The basis was a profile now available, highly critical audit report from the Oesterreichische Nationalbank from October 2015. During an on-site audit between June and August, the OeNB did not find any evidence of fictitious loans or bank balances – but the auditors did spot serious inconsistencies in the Lending business and in the allocation of own funds. The OeNB report lists 65 deficiencies, 19 of them serious. For example, a credit-financed participation capital construction, which is also problematic under criminal law, from which the bank incurred an annual loss of around 40,000 euros. The FMA opened dismissal proceedings and reported the CBM directors to the StA Eisenstadt in December 2015 for breach of trust. Both proceedings were discontinued in the course of 2016. The CBM had submitted an opinion by the bank auditor TPA, according to which the PS business was legally compliant.
The FMA responded to a “profile” request: Since the CBM’s board of directors can be shown to have relied on a report by a relevant specialist, an auditor, when constructing the share capital placement, the board of directors was not to be blamed for this violation of ‘justifiable legal error’ . The damaging part capital construction was also immediately dissolved and repaid. The two auditors of the TPA have been blocked by the FMA for the function of bank auditors for five years. The management removal procedure had to be discontinued. “
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