Dr Bettina Hörtner, Attorney at Law

Dr. Bettina Hörtner is an attorney at law with a boutique lawfirm specialised on financial market regulatory matters. Due to her many years of national and international experience at a big international lawfirm, at the regulatory authority and as in-house counsel Dr. Hörtnerhas a unique job profile:

• Legal department of Creditanstalt AG
• Officer/leader of onsight inspections at the Austrian Securities Supervisory Authority (effectuation of the first onsight inspection according to the Securities Supervisory Act in Austria).
• Attorney at law in a big international lawfirm.
• Consultant in one of the big 4 worldwide active accountant firms.

Dr. Hörtner says: „Regulatory requirements must not hinder business, but serve as legal framwork for it. That is where my services start: Together with my client I develop tailor made, efficient, hands-on and global solutions within that framework.“

Dr. Hörtner´s holistic Advisory Approach focusing on financial services providers´ needs:

·Advice in all areas of banking and investment supervisory law.

·Advice on internal governance for financial services providers including the structuring of internal processes and drafting of internal guidelines.

·Advisory services regarding the prevention of money laundering and the financing of terrorism including assistance in the selection of suitable IT-systems and the creation of internal risk analyses and employee training.

·Preparation of management for fit & proper tests before the FMA and completion of fit & proper training in credit institutions.

·Comprehensive support of clients during on-site inspections by the regulator, including preparation and follow up.

·Regulatory analysis of new business models on the financial market including assessment of organizational and financial requirements.

·Compliance advice - Advice for the creation of a compliance organization, including advice for the creation of process and job descriptions, activity schedules, forms, as well as compliance reviews and employee training.

·Advice regarding the establishment of remuneration policies of financial services providers.

·Money laundering and the financing of terrorism: examination of internal guidelines, advice, and support in every phase of FMA on-site inspections (preparation; when the regulator is on site; opinions regarding reports; opinions regarding inquiries and administrative criminal proceedings), advice with regard to the 4th and 5th AML-directive and beneficial ownership, the respective registry, as well as the qualification of individuals as politically exposed individuals. Expertise in the area of money laundering prevention continues to gain more and more importance on the Austrian and European market each year and is increasingly sought after in the legal consulting marketplace. Dr. Hörtner is frequently recommended in this area and therefore constantly wins new clients. In the area of money laundering Dr. Hörtner conduct the most proceedings on the market compared to other Austrian law firms and therefore is considered as leading individual.

·Advice on the distribution of UCITS by financial service providers domiciled in the EU.

Focus of the current advisory environment: The AML area remains extremely strong, but the cutting-edge sanctions area has been massively worked on and the expansion in the direction of investment funds and securities supervision law has been strengthened.

Business Knowledge 

Due to her business knowledge, Bettina Hörtner offers legal advice which is specifically tailored to the client’s business and organization. Clients thus not only appreciate Dr. Hörtner as a lawyer, but also as a “sparring partner” for business questions.

Bettina Hörtner still achieves a significant expansion in the area of AML-prevention for banks of all sizes and types. Her consultation in the area of anti-money laundering includes internal guidelines and advice on regulatory law, as well as administrative penalty proceedings. In this area, Dr. Hörtner also conducts themost proceedings on the market compared to other Austrian law firms. This is reflected by the annual report of the FMA, illustrating the number of proceedings initiated by the FMA.

For further information please visit our website: https://www.bhoertner.com/en/