Dr. Alexander Russ

Attorney-at-Law (Austria)

After working in a leading position in the banking industry, Alexander Russ started his own legal practice. The focus of his legal and advisory work is on European and national banking, securities and capital markets law.

In addition to his work as an attorney, Alexander Russ is the author of numerous special publications. He is a sought-after lecturer and acts as a consultant to the banking sector, industry, the public sector and the European Securities and Markets Authority in the context of European and national legislation; the latter primarily in the areas of securities issuance, prospectus and transparency law as well as capital market supervisory law.

Experience

since 2024
Member of the Consultative Working Group for the ESMA Issuers Standing Committee (ISC)

since 2023
Eunomia Rechtsanwälte attorneys at law (founding member),

since 2000
Legal counsel to Oesterreichische Kontrollbank AG

since 1995
Member of the Advisory Board of the Forum for Banking Law of the Austrian Banking Society

2020-2023
Member of the Consultative Working Group for the ESMA Corporate Finance Standing Committee (CFSC)

2019-2020
Member of the Fintech Advisory Board of the Austrian Federal Ministry of Finance on dematerialized securities

2017-2019
Member of the Fintech Advisory Board of the Austrian Federal Ministry of Finance (WG ICOs)

2013/2014
Capital market law advice to the Austrian Federal Minister of Finance

2011-2015
Member of the Consultative Working Group for the ESMA Corporate Finance Standing Committee

2008-2022
Member of the Supervisory Board and Deputy Chairman of the Supervisory Board of FIMBAG (Austrian Administrator of Public Participations in the Financial Sector)

2004-2023
Cooperation with Doralt Seist Csoklich

2000-2003, 2008-2012
Advisor and member of Austrian delegations in EU legislation on prospectus, transparency and market abuse law

2000-2007
Lecturer on banking and financial services at the University of Applied Sciences bfi Vienna

2000
Secondment at Cameron McKenna London (Banking Department)

1999-2004
Lawyer at CMS Strommer Reich-Rohrwig Karasek Hainz

1994-1999
Head of the Notification Office under the Austrian Capital Markets Act

1992-1999
Oesterreichische Kontrollbank (Secretariat, Dep. Capital Markets Services and Securities)

1994
Ph.D. (University of Vienna)

1991
JD (University of Vienna)

Publications

2024
European Single Access Point (ESAP) The new European access portal to public information (Part 2, The final ESAP legislation), ÖBA 2024, 110 (together with Bianca Schranz)

2023
European Single Access Point (ESAP) The new European access portal to public information (Part 1, The Commission proposal), ÖBA 2023, 437 (together with Bianca Schranz)

2019
Austrian Surpreme Court 12.07.2016, 4 Ob 47/16i (subordinated loans as investments requiring a prospectus) Journal of Banking and Financial Research 2019, 217 (218)

2019
Comments on Article 46 (stock exchange prospectus together with F. Ebner) and Articles 122, 123 (language and third country regime, storage system and authority competences) in Kalss/Oppitz/Torggler/Winner, Comment on the Austrian Stock Exchange Act and the Market Abuse Regulation MAR (2019)

2017
Austrian Surpreme Court 13.09.2016, 10 Ob 63/15k (Delimitation of prospectus supplement from final terms), Journal of Banking and Financial Research 2017, 186 (188)

2016
Austrian Surpreme Court 20.01.2015, 4 Ob 164/14t (domestic public offer), Journal of Banking and Financial Research 2016, 281 (282)

2016
Group issues under capital market law (together with UnivProf Dr Christian Zib), Handbuch Konzernrecht, Haberer (Hrsg)

2015
Guidelines of the European supervisory authorities within the ESFS, legal quality and impact on contracts with clients, Journal of Banking and Financial Research 2015, 806

2014
European Court of Justice 15.05.2014 C-359/12 (Content and publication of a prospectus supplement – Timmel Case) EuZW 2014, 581 (584)

2013
Placements of securities through financial intermediaries (retail cascade), Festschrift Prof. Torggler 2013

2012
The investor’s right of withdrawal according to Directive 2010/73/EU, Journal of Banking and Financial Research 2012, 455

2011
Market Transparency – how much information is required for providers customers and supervisory boards? Financial Markets Authority, supervisory conference 2011 (2012) 103

2009
The Commission’s review of the Prospectus Directive Journal of Finance Law 2009, 188

2008
Commentary on the Austrian Capital Markets Act (2008) together with Univ. Prof. Zib und MR Dr. Lorenz

2006
Reflections on prospectus supplements, Handbuch Kapitalmarktrecht II Finanzierung über den Kapitalmarkt (2006)

2005
Securities Law in Austria, International Securities Law Handbook, 2005 Kluwer Law International

1994
The public offer pursuant to the Capital Markets Act 1994 Diss.