Annex I
1. Obligation to cooperate within the scope of reporting requirements
As a regulated investment firm, Bitpanda Financial Services has a duty to report transactions involving financial instruments where the underlying is an instrument traded on a trading platform. The information that must be reported includes a unique national number for natural persons, whereas, in a large number of European countries, the CONCAT ID is approved as an identifier for the fulfilment of regulatory reporting obligations for financial markets. The CONCAT is determined using an individual's citizenship, first name, last name and date of birth.
2. The following countries require the CONCAT ID as a "1st priority identifier":
- Austria
- Germany
- France
- Hungary
- Ireland
- Luxembourg
3. The following countries require a different identification number than the CONCAT ID to be used as the "1st priority identifier". FS Clients who are citizens of the following countries are asked to send the respective identification number to support@bitpanda.com after registering for the Bitpanda Systems.
- Belgium: Belgian National Number (Numéro de registre national – Rijksregisternummer)
- Bulgaria: Bulgarian Personal Number
- Cyprus: National Passport Number
- Czech Republic: National Identification Number (Rodné číslo) or Passport Number
- Denmark: Personal Identity Code (10 alphanumeric digits: DDMMYYXXXX)
- Finland: Personal Identity code
- United Kingdom: UK National Insurance number
- Greece: 10 DSS Digit Investor Share
- Croatia: Personal Identification Number (OIB - Osobni identifikacijski broj)
- Liechtenstein: National Passport Number or National Identity Card Number
- Lithuania: Personal code (Asmens kodas) or National Passport Number (Asmens kodas)
- Latvia: Personal code (Personas Kods)
- The Netherlands: National Passport Number or National Identity Card Number
- Norway: 11 Digit Personal id (Foedselsnummer)
- Portugal: Tax Number (Número de Identificacao Fiscal) or National Passport Number
- Romania: National Identification Number (Cod Numeric Personal) or National Passport Number
- Sweden: Personal Identity Number
- Slovenia: Personal Identification Number (EMŠO: Enotna Maticna Stevilka)
- Slovakia: Personal Number (Rodné číslo) or National Passport Number
4. FS Clients who are citizens of countries that do not accept the CONCAT ID for regulatory reporting purposes are required to provide the following identification numbers/codes after the appropriateness test has been performed. The use of the services offered by Bitpanda Financial Services is not possible without the provision of the respective identification number.
- Estonia: Estonian Personal Identification Code (Isikukood)
- Iceland: Personal Identity Code (Kennitala)
- Italy: Fiscal Code (Codice Fiscale)
- Malta: National Identification Number or National Passport Number
- Poland: National Identification Number (PESEL) or Tax Number (Numer identyfikacji podatkowej)
- Spain: Fiscal Code (Código de identificación fiscal)
Annex II
Execution Policy
This Execution Policy implements sections 62 to 65 WAG and the relevant sections of the Delegated Regulation (EU) 2017/565. The Execution Policy describes the principles of executing client orders to acquire and dispose of the financial instruments offered by Bitpanda Financial Services in the best interest of the FS Client.
Bitpanda Financial Services solely accepts orders from the FS Client and transmits those orders to the Issuer. The Issuer then fulfils the orders.
By accepting a FS Client's order, a contract is concluded between that FS Client and Bitpanda Financial Services. Bitpanda Financial Services is hence obliged to transmit the order to the Issuer and if the Issuer accepts the terms of the order transmitted to it by factually fulfilling (i.e. providing the FS Client with the financial instrument set out in that FS Client's order) the FS Client is obliged to pay the agreed purchase price to the Issuer.
By agreeing to the Financial Services TC, the FS Client has agreed to this Execution Policy in the respective applicable version. In the event that consent is not granted by the FS Client, Bitpanda Financial Services cannot accept orders from the FS Client. If consent is revoked, Bitpanda Financial Services will neither accept purchase orders, nor termination orders, nor orders for the closing of open derivative positions and will not execute them in accordance with the explicit instructions of the FS Client.
- Scope of application
Bitpanda Financial Services applies this Execution Policy to the acceptance and fulfilment of orders related to A-Token. For all other services, assets and products offered on Bitpanda System, the principles set forth in this policy do not apply. - Precedence of client instructions
In principle, it is assumed that the FS Client's instructions comply with this Execution Policy. However, it is possible for the FS Client to issue explicit instructions to Bitpanda Financial Services regarding the execution of their order. If any such instruction deviates from this Execution Policy, Bitpanda Financial Services shall be released from any obligation to comply with this Execution Policy to the extent required to carry out the FS Client's instruction and that, as a result of the foregoing, the attainment of the best possible result for the FS Client can no longer be ensured.Bitpanda Financial Services reserves the right to reject instructions in individual cases or the orders associated with them, if the execution of the derivative contract and the instruction of the FS Client is not operationally or legally possible. - General execution policy
Bitpanda Financial Services shall, in the absence of explicit instructions, process all orders in accordance with this Execution Policy and shall endeavour to achieve the best possible result for the FS Client in respect of each individual order.In order to determine the best possible result, the factors taken into account by Bitpanda Financial Services are in particular the price of the financial instrument, the execution costs, the promptness and probability of execution and settlement, as well as the type and size of the order.By entering into a business relationship with Bitpanda Financial Services, the FS Client therefore accepts the above items taking precedence over other aspects, such as the best available price, the availability of different trading venues or the fact that the FS Client does not acquire actual stocks / ETFs nor ownership of the stocks/ETFs.In the event of exceptional market conditions, a market disruption or other special circumstances, Bitpanda Financial Services may (if it deems to be necessary) deviate from this Execution Policy. This applies in particular in the event of significant intraday price fluctuations, significant temporary increases in the number of orders to be processed, a computer failure, system bottlenecks or software errors. Even under such circumstances, Bitpanda Financial Services will endeavour to execute orders in the best possible manner. - Execution outside normal trading hours
In order to ensure that, even outside normal stock exchange trading hours, orders are executed in the FS Client's best interests, the last available price of the financial instrument on the relevant trading day will be maintained and guaranteed by Bitpanda Financial Services until the relevant trading venue for the underlying instrument opens on the next possible trading day. - Execution venues
Bitpanda Financial Services is not a member of any exchange, regulated market or other regulated trading facility in accordance with § 1 item 26 WAG 2018.All orders accepted and transferred by Bitpanda Financial Services are executed by the Issuer exclusively on Bitpanda System which is not a regulated trading facility in accordance with § 1 item 26 WAG 2018. It is not possible to execute orders in respect of financial instruments offered on Bitpanda System on other trading venues, or transfer such financial instruments to any other person or service provider. - Price information service provider
Price determination in relation to the A-Token offered on the Bitpanda Systems is carried out in accordance with the Bitpanda TC. One or more price information service providers will be used to determine the price. Which specific price information service providers are used at which time or in which competition is published on the Bitpanda System.The aforementioned principles refer exclusively to which price information service provider offers the better outcome for the user in relation to the individual A-Token. Price information service providers may not be benchmark administrators under the EU Regulation 2016/1011/EU (Benchmark Regulation) and thus not regulated in the EU. - Notification of changes to the Execution Policy
If Bitpanda Financial Services makes material changes to this Execution Policy, all FS Clients will be informed of these changes. Material changes are only defined as those which are relevant to the FS Client, such as participation in regulated markets or multilateral trading facilities. In the case of material changes to this Execution Policy pursuant to Section 64 para. 1 WAG 2018, the FS Client's consent is required for the changes to take effect.