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Amendment Of The Federal Theatre Organization Act

Original Language Title: Änderung des Bundestheaterorganisationsgesetzes

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33. Federal Law, with which the Federal TheaterOrganization Act is amended

The National Council has decided:

The Federal TheaterOrganization Act, BGBl. I n ° 108/1998, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. § 3 (1) Z 5 reads:

" 5.

the "ART for ART Theaterservice Gesellschaft mit beschränkter Haftung, abbreviated" ART for ART Theaterservice GmbH "(hereinafter referred to as" Theaterservice GmbH ")."

2. In § 3 (5), after the word "shall be responsible" the twist " the Federal Minister inserted.

3. In § 12 para. 5 penultimate sentence shall be after the word "Supervisory Board" the word "immediately" is inserted and § 12 para. 5 last sentence deleted.

4. § 13 (2) reads:

"(2) In the statements according to § 3 para. 2 GmbHG (the social contract), the order of seven supervisory boards is to be ordered with the Bundestheater-Holding GmbH, in all other companies the order of eight supervisory boards each."

5. In Section 13 (3), in Z 3, after the word "Federal Minister" the twist "/by the Federal Minister" inserted in Z 4 after the word "Federal Chancellor" the twist "/of the Federal Chancellor" inserted as well as the word "and" is replaced by one point and is replaced by Z 5.

6. In § 13 (6), after the turn "are opposite" the twist " the Federal Minister and after the phrase "the sending Federal Minister" the twist "/the sending Federal Minister" inserted.

Section 13 (8) reads as follows:

" (8) The members of the Supervisory Board referred to in paragraph 7 may be dismissed from their function by the issuing or sending institution before the end of the term of office, if:

1.

the Member so requests;

2.

the Member is guilty of the neglect of his duties;

3.

the Member is no longer in a position to perform the function on account of a serious, permanent illness;

4.

the issuing or sending institution in accordance with paragraph 3 or 4 and section 22 (2) of the order or dispatch shall revoke the order or posting. "

8. § 13 (9) reads:

" (9) The Supervisory Board of Bundestheater-Holding GmbH has the following tasks:

1.

Reimbursement of proposals to the partner of the Bundestheater-Holding GmbH concerning the appointment of the auditor of the annual financial statements and the declaration of the annual accounts of the company;

2.

Receipt of reports on the Gestion, the cost and earnings history and the internal budget control of the holding company and its subsidiaries;

3.

A point of order for the management of the Bundestheater-Holding GmbH, in which, having regard to § 30j of the GmbHG, limits for investments, borrowing and service contracts, from which the approval of the Supervisory Board is to be obtained, shall be defined;

4.

Approval of the business rules of the Supervisory Boards of the subsidiaries;

5.

Approval of the controlling reports of the holding company. "

9. According to Article 13 (9), the following paragraphs 9a and 9b are inserted:

" (9a) The following transactions are to be carried out only with the approval of the Supervisory Board:

1.

the acquisition and disposal of shareholdings (§ 228 UGB), the acquisition, sale and decommissioning of companies and businesses, as well as austerns of the holding company and its subsidiaries;

2.

the acquisition, sale and loading of real estate;

3.

the establishment and closure of branches;

4.

investments which exceed certain acquisition costs in the individual and in total in a financial year;

5.

the inclusion of borrowings, loans and loans, which exceed a certain amount in detail and in total in a financial year;

6.

the granting of loans and loans, in so far as they are not in the ordinary course of business is heard;

7.

the recording and abandonation of business branches and types of production;

8.

the definition of general principles of business policy; in particular, the multi-annual plan for the holding of the holding;

9.

the definition of the annual budget of the company in the context of the overall multiannual programming;

10.

the definition of group guidelines for the holding company and its subsidiaries, as well as the guidelines pursuant to § 4 (1) (2) (2);

11.

the definition of principles relating to the granting of profit or turnover participations and pension commitments to managers and senior employees within the meaning of Section 80 (1) of the German Stock Corporation Act 1965;

12.

the conclusion of contracts with members of the Supervisory Board which, outside of their activities on the Supervisory Board with respect to the Company or a subsidiary (Section 228 (3) of the UGB), give rise to a performance against a non-negligible Commit a fee; this shall also apply to contracts with companies in which a member of the Supervisory Board has a significant economic interest;

13.

the acquisition of a leading position (§ 80 of the German Stock Corporation Act) within two years after the auditor's confirmation, by the auditor, by the auditor of the consolidated financial statements, by the auditor of a significant , or by the auditor of the respective audit, and a person acting on behalf of the auditor who has performed a leading role in the examination, to the extent that this is not in accordance with Section 271c of the UGB is prohibited;

14.

the conclusion of collective agreements and operational agreements of fundamental importance of the holding company and its subsidiaries;

15.

the convening of the commercial directors of the subsidiaries with a two-thirds majority;

16.

the appointment of the auditor of the annual accounts of the subsidiaries;

17.

the determination of the annual accounts of the subsidiaries;

18.

Reimbursement of the proposal pursuant to § 7 para. 4 to the Federal Minister of Education, Arts and Culture.

(9b) For the transactions referred to in paragraph 9a (1) and (2), the social contract may set limits on the amount of the transactions referred to in paragraph 9a (4), (4), (5) and (6) of the contract. The Company Agreement or the Supervisory Board may also order that certain types of transactions should only be made with the consent of the Supervisory Board. "

10. § 13 (10) reads:

" (10) The Supervisory Boards of the subsidiaries shall each have the following tasks:

1.

Reimbursement of proposals to the shareholders for the appointment of the auditor of the annual financial statements and for the determination of the annual accounts of the company;

2.

Receipt of reports on Gestion, the cost and earnings history and the internal budget control and internal audit as well as on the artistic and administrative planning of the company;

3.

To set up a management procedure for the management in which, in compliance with § 30j of the GmbHG, limits on investments, borrowing and service contracts, from which the approval of the Supervisory Board are to be obtained, must be determined;

4.

the approval of the controlling reports of the company. "

11. According to Article 13 (10), the following paragraphs (10a) and (10b) are inserted:

" (10a) The following transactions are to be carried out only with the approval of the Supervisory Board:

1.

the acquisition and disposal of shareholdings (§ 228 UGB), the acquisition, sale and decommissioning of companies and businesses, as well as the austerns of the company;

2.

the acquisition, sale and loading of real estate;

3.

the establishment and closure of branches and the permanent establishment of additional venues or the abandonings of venues by the stage company;

4.

Investment, the specific acquisition costs in the individual and in total in one the financial year;

5.

the inclusion of borrowings, loans and loans, which amount to a certain amount in the More than in a financial year, and in total;

6.

the granting of loans and loans, in so far as they are not in the ordinary course of business is heard;

7.

the recording and abandonation of business branches and types of production;

8.

the definition of general principles of business policy, in particular the multi-annual general planning of the company;

9.

the definition of the annual budget of the company in the context of the overall multiannual programming;

10.

the determination of principles for the granting of profit or turnover participations and pension pledges to managing directors and senior employees within the meaning of Section 80 (1) of the German Stock Corporation Act;

11.

the conclusion of contracts with members of the Supervisory Board, through which the members of the Supervisory Board -outside of its activities on the Supervisory Board with respect to the Company or a subsidiary (Section 228 (3) of the UGB), to undertake a performance against a non-negligible fee; this also applies to contracts with companies in which the company has a Member of the Supervisory Board has a significant economic interest;

12.

the acquisition of a leading position (§ 80 of the German Stock Corporation Act) within two years after the auditor's confirmation, by the auditor, by the auditor of the consolidated financial statements, by the auditor of a significant , or by the auditor of the respective audit, and a person acting on behalf of the auditor who has performed a leading role in the examination, to the extent that this is not in accordance with Section 271c of the UGB is prohibited.

13.

the conclusion of the company's operating arrangements;

14.

the definition of the basic structure of the stage company's entry and subscription prices.

(10b) For the transactions referred to in paragraph 10a (1) and (2), the social contract may set limits on the amount of the transactions referred to in paragraph 10a (4), (5) and (6) of this Treaty. The Company Agreement or the Supervisory Board may also order that certain types of transactions should only be made with the consent of the Supervisory Board. "

12. § 13 (11) reads:

"(11) The supervisory boards shall carry out the tasks provided for in paragraphs 9 to 10b in addition to the tasks that are normalised in other federal laws."

13. According to Article 13 (11), the following paragraph 11a is inserted:

(11a) Decisions concerning measures which require the approval or approval of the supervisory board are binding on the management. "

14. § 16 together with the title is:

" Audience Talks

§ 16. (1) The management of a stage company has to hold at least two public audience talks announced in the game plan per financial year.

(2) The subject matter of the public discussions shall be in particular the following areas:

1.

The fulfilment of the cultural policy mandate,

2.

marketing and card sales,

3.

Organizational processes of public interest.

(3) In the respective public discussions, it is also possible to inform about the multi-annual general planning, the annual estimates and the annual accounts of the respective stage company.

(4) A protocol is to be prepared for the audience discussions, which shall be dealt with by the Supervisory Board of Bundestheater-Holding GmbH. "

(15) The following paragraph 5 is added to section 31a:

" (5) § 13 (2), (3) and (8) as well as § 16 in the version of the Federal Law BGBl. I No 33/2012, will enter into force on 1 September 2014. "

16. In § 32 Z 2, after the turn "the Federal Minister" the twist "/the Federal Minister" and after the word "with" the twist "the Federal Minister" inserted.

Fischer

Faymann