Amendment Of The Federal Theatre Organization Act

Original Language Title: Änderung des Bundestheaterorganisationsgesetzes

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997546/nderung-des-bundestheaterorganisationsgesetzes.html

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33. Federal law that modifies the Federal Theatre organization law

The National Council has decided:

The Federal Theatre Organization Act, Federal Law Gazette I no. 108/1998, as last amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. § 3 par. 1 Z 5 is:



5. the "ART for ART Theaterservice society with limited liability"ART for ART Theaterservice GmbH"(in the following" Theaterservice GmbH") abbreviated."

2. in article 3, paragraph 5 is the phrase after the word "incumbent" "the Federal Minister /" inserted.

3. § 12 ABS. 5 penultimate sentence after the word "Board" the word 'immediately' inserts and § 12 ABS. 5 last sentence is not necessary.

4. paragraph 13 paragraph 2:

"(2) in the declarations referred to in § 3 par. 2 GmbHG (articles of incorporation) is the Bundestheater-holding GmbH the order of seven directors, to provide for the appointment of eight directors of all other companies."

5. in article 13, paragraph 3 the phrase "/ by the Federal Minister" is added to no. 3 after the word "Federal Minister", the phrase "/ by the Chancellor" is added to no. 4 after the word "Chancellor" and the word "and" replaced by a point and eliminates Z 5.

6. in § 13 para 6 is to turn "are to" turn "the Federal Minister /" and inserted after the phrase "sending Federal Minister" the twist "/ sending Minister".

7 paragraph 13 paragraph 8:

"(8) the supervisory board specified in paragraph 7 may be dismissed before the expiry of the term of Office of the ordering or sending body by functionally, if"



1. the Member requests it;

2. Member is the neglect of his duties is guilty;

3. the Member due to a severe, long-lasting disease is no longer able to perform the function;

4. the ordering or sending body referred to in paragraph 3 or 4 and section 22 paragraph 2 which revokes order or posting."

8 paragraph 13 paragraph 9:

"(9) of the Bundestheater-holding GmbH's Supervisory Board has the following responsibilities:"



1. reimbursement of proposals to the shareholders of the Bundestheater-holding GmbH to the appointment of Auditors of the financial statements and the financial statements of the company;

2. receiving reports about the Gestion, the cost and earnings history and the internal budget control of the holding company and the subsidiaries;

3. adoption of rules of procedure for Managing Director of the Bundestheater-holding GmbH, which in compliance with the section 30j GmbHG amount limits set for investment, borrowing and service contracts, where the consent of the Supervisory Board to catch up is;

4. approval of the rules of procedure of the supervisory boards of the subsidiaries;

5. approval of the holding company controlling reports."

9 be inserted following paragraph 9a and 9B. According to section 13, paragraph 9:

"(9a) the following operations are to be made only with the consent of the Supervisory Board:"



1. the purchase and sale of investments (section 228 UGB), the acquisition, disposal and the closure of companies and enterprises, as well as from daughter become of the holding company and the subsidiaries.

2. the acquisition, disposal and encumbrance of real estate;

3. the establishment and closure of branches;

4. investments which exceed certain cost in the individual and total in a fiscal year;

5. the recording of bonds, loans and loans which exceed a certain amount in the individual and total in a fiscal year;

6. the granting of loans and credit, as far as she is not among the ordinary business operations;

7. the recording and abandonment of lines of business and production types;

8. the establishment of general principles of business policy; in particular the multiannual total planning of the holding;

9. the establishment of the annual budget of the company within the framework of the multi-annual overall planning;

10 set group policies for the holding company and its subsidiaries as well as the guidelines in accordance with article 4, paragraph 1 Z 2;

11. the establishment of principles for the granting of profit or share in revenue and pension commitments to Managing Director and senior employees within the meaning of § 80 para 1 of the companies Act 1965;

12. the conclusion of contracts with members of the Supervisory Board, which is them outside their activities in the Supervisory Board to the company or a subsidiary (section 228 para 3 UGB) commit to performance against a not merely slight fee; the same applies to contracts with companies which a supervisory board member has a considerable economic interest;

13. taking a senior position (section 80 of the Stock Corporation Act) in the society two years after drawing of the audit report by the Auditor, by the statutory auditors, the auditor of a significant associated company, or by the auditor signing the respective audit report, as well as one for him active as far as this person who has exercised a decisively leading position at the examination, in accordance with § 271 c UGB is prohibited;

14. the conclusion of collective agreements and works agreements of fundamental importance to the holding company and the subsidiaries;

15. to request the resignation of commercial Director of subsidiary companies with two-thirds majority;

16. the appointment of the auditor of the financial statements of the subsidiaries;

17. the identification of the financial statements of the subsidiaries;

18 refund of the proposal pursuant to § 7 para 4 the Federal Minister / the Federal Ministry for education, arts and culture.

(9B) to the amount limits social contract may lay down the transactions referred to in paragraph 9a Nos. 1 and 2, he has to set limits of amounts to the transactions referred to in paragraph 9a Nos. 4, 5 and 6. The memorandum of association or the Supervisory Board may specify also that certain types of transactions only with the consent of the Supervisory Board are to be made."

10 paragraph 13 paragraph 10:

"(10) the Board of Directors of the subsidiaries have following tasks:"



1. reimbursement of proposals to the shareholders the appointment of Auditors of the financial statements and the financial statements of the company;

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

3. adoption of rules of procedure for the Executive Board, in accordance with the § 30j GmbHG amount limits set are for investment, borrowing and service contracts, where the consent of the Supervisory Board to catch up is;

4. the approval of the statements, controlling the company."

11. According to § 13 para 10 inserted following paragraph 10a and 10B:

"(10a) the following operations are to be made only with the consent of the Supervisory Board:"



1. the purchase and sale of investments (section 228 UGB), the acquisition, disposal and the closure of companies and enterprises, as well as from daughter foundations of society;

2. the acquisition, disposal and encumbrance of real estate;

3. the establishment and closure of branches and the ongoing construction of additional venues or the task of venues by the stage society;

4. investments which exceed certain cost in the individual and total in a fiscal year;

5. the recording of bonds, loans and loans which exceed a certain amount in the individual and total in a fiscal year;

6. the granting of loans and credit, as far as she is not among the ordinary business operations;

7. the recording and abandonment of lines of business and production types;

8. the establishment of general principles of commercial policy, in particular the multiannual total planning of the company;

9. the establishment of the annual budget of the company within the framework of the multi-annual overall planning;

10. the establishment of principles for the granting of profit or share in revenue and pension commitments to Managing Director and senior employees within the meaning of § 80 para 1 of the companies act;

11. the conclusion of contracts with members of the Supervisory Board, which is them outside their activities in the Supervisory Board to the company or a subsidiary (section 228 para 3 UGB) commit to a performance for a not merely slight fee; the same applies to contracts with companies which a supervisory board member has a considerable economic interest;

12. taking a senior position (section 80 of the Stock Corporation Act) in the society two years after drawing of the audit report by the Auditor, by the statutory auditors, the auditor of a significant associated company, or by the auditor signing the respective audit report, as well as one for him active as far as this person who has exercised a decisively leading position at the examination, in accordance with § 271 c UGB is prohibited.

13. the financial statements of the operating agreements of the company;

14.

the establishment of the basic structure of the entrance and subscription fees of the stage company.

(10B) to seize the social contract amount limits the transactions referred to in paragraph 10a of the Nos. 1 and 2, he has to set limits of amounts to the transactions referred to in paragraph 10a of the Nos. 4, 5 and 6. The memorandum of association or the Supervisory Board may specify also that certain types of transactions only with the consent of the Supervisory Board are to be made."

12 paragraph 13 paragraph 11:

"(11) the Board of Directors perceive in addition that in para 9 to 10 b intended tasks to tasks in other federal laws."

13. According to § 13 para 11, 11a the following paragraph shall be inserted:

(11a) are binding for the management. decisions on any measures requiring the consent or approval of the Supervisory Board"

14 paragraph 16 together with the heading:

"Public conversations

Section 16 (1) has the management of a stage company to hold at least two public audience talks announced in the schedule per fiscal year.

(2) subject to the public discussions are in particular the following areas:



1. the fulfillment of the cultural and political mission, 2. marketing and card distribution, 3. organisational processes of audience interest.

(3) in the respective public talks is also about the multi-annual overall planning, to inform about the annual estimates and the annual financial statements of the stage company concerned.

(4) of the public talks a protocol is to make, which is to be treated by the Supervisory Board of the Bundestheater-holding GmbH."

15 the § 31a the following paragraph 5 is added:

"(5) I will take no. 33/2012, section 13, paragraph 2, 3 and 8, as well as article 16 as amended by Federal Law Gazette 1 September 2014 effect."

16. in section 32 Z 2 is after the phrase "the Minister" the twist "/ the Federal Minister" and inserted after the word "with" the twist "the Minister".

Fischer

Faymann