Federal Liability Limit - Bhog And Abolition Of The Aua Funding Law, The Federal Law Of 14 February 1973 Concerning The Takeover Of The State Guarantee For Loans And Other Cre...

Original Language Title: Bundeshaftungsobergrenzengesetz – BHOG sowie Aufhebung des AUA-Finanzierungsgesetzes, des Bundesgesetzes vom 14. Feber 1973 betreffend die Übernahme der Bundeshaftung für Darlehen und sonstige Kre...

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997802/bundeshaftungsobergrenzengesetz--bhog-sowie-aufhebung-des-aua-finanzierungsgesetzes%252c-des-bundesgesetzes-vom-14.-feber-1973-betreffend-die-bernahme-d.html

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149. Federal law, adopted with a federal law laying down of maximum liability of Federal (Federal liability cap Act - BHOG), the AUA funding law, the Federal law of 14 February 1973 concerning the takeover of the State guarantee for loans and other credits the airport Vienna operating company with limited liability, the Federal law of November 8, 1973 concerning the takeover of the State guarantee for loans, loan and other credits of the United Austrian iron and steel works - Alpine Montan Aktiengesellschaft , the Federal Act of 24 January 1979 concerning the acquisition of Federal liability for the conversion of bonds, loans and other loans of Austrian Elektrizitätswirtschafts - Aktiengesellschaft (Verbundgesellschaft) and the special purpose vehicles, the energy bond Act of 1982 and the BAWAG p.s.k.-Security Law repealed, and the federal budget law, the federal budget law for 2013, the IAKW - funding law, the financing of the Innsbruck-Brenner motorway, the Tauern highway funding bill, the Pyhrn motorway financing law and the Arlberg Expressway financing law changed the Federal Act of 3 June 1964 relating to

The National Council has decided:

Article I

Federal law laying down of maximum liability of Federal (Federal liability cap Act - BHOG)

Limitation of liability

Of each pending total amount of liabilities of the Federal Government must not exceed § 1 (1) in the period from January 1, 2012 to December 31, 2014 193.1 billion euros in capital. Interest and costs are not attributable to this maximum amount.

(2) the liabilities referred to in paragraph 1 are



1. all of the Federal Minister of Finance named Federal third assumed liabilities and indemnity obligations, as well as 2 all of extrabudgetary units of the Federal Government, which State do not belong to the sector and in the area of responsibility of the Federal Government for third assumed liabilities and indemnity obligations.

(3) the total amount referred to in paragraph 1 shall be composed of



1. an outstanding total of 193 billion euros in capital to liabilities referred to in paragraph 2 Nos. 1 and 2. an outstanding total of 100 million euros in capital for liability in accordance with paragraph 2 No. 2.

(4) the total amount referred to in paragraph 3 shall be composed of Z 1



1. a total amount of EUR 18 billion in capital for liabilities of the Federal Government pursuant to ÖIAG bond Act, Federal Law Gazette No. 295/1975, 1969 postal savings Bank Act, Federal Law Gazette No. 458/1969, interbank market support Act, Federal Law Gazette I no. 136/2008, and corporate liquidity strengthening Act, Federal Law Gazette I no. 78/2009 and 2. an outstanding total of 175 billion euros in capital, for all other liabilities pursuant to par. 2 Z 1.

(5) Z 1 of the total amount referred to in paragraph 4 must not be used for new assumption of liability. Of the total amount referred to in paragraph 1 and paragraph 3 No. 1 is reduced to the extent of the maturation of liability in accordance with paragraph 4 Z 1.

(6) in particular federal laws within the meaning of article 42 paragraph 5 B-VG provided liability framework fall under the total amount pursuant to par. 3 No. 1, are at their height but does not touch.

(7) the obligations of the Covenant, which are among the financial or other federal debts, are not attributable to the overall amount referred to in paragraph 1.

(8) liabilities by non-budgetary units of the Federal Government in accordance with paragraph 2 is no. 2, for an indemnity obligation of the Federal Government in accordance with paragraph 2 is no. 1, not on the total amount referred to in paragraph 3 to Z 2.

Procedure

2. (1) for assumption of liability pursuant to § 1 para 2 No. 1 determined the procedure for assumption of liability, the formation of risk provisions and the reporting obligations to the National Council, according to the regulations of the Federal Budget Act and related regulations or under the rules of the federal laws governing the respective Federal liability.

(2) in the case of assumption of liability in accordance with § 1 para 2 No. 2 determined the procedure for assumption of liability and the formation of risk provisions according to the civil law, corporate law and business law regulations.

(3) the Federal Minister for finance has the Committee entrusted with preliminary discussion of Federal finance laws of the National Council until 30 September of each year to submit a report on the assumption of liability in accordance with § 1 para 2 No. 2 of the previous year.

(4) in the Federal accounts of the overall framework in accordance with § 1 para 1 as well as the overall framework in accordance with § 1 para. 3 are no. 1 and no. 2 to face no. 1 and no. 2 to the utilization state of liability in accordance with § 1 para 2.

Reporting requirements

§ 3 (1) the Federal Minister for finance has all extrabudgetary units of the Federal Government which State belong to the sector and in the area of responsibility of the Federal Government to set by October 31 of each year by Decree. Fixed funding commitments of the Federal Government, to consider federal funding guarantees and investments of the Federal are in particular by law when determining the affiliation to the area of responsibility of the Federal Government.

(2) all are to be existing and newly received liabilities of these extrabudgetary units of the Federal Government on the total amount in accordance with § 1 para. 3 Z 2 in the years following the inclusion in the regulation.

(3) Außerbudgetäre units of the Federal Government, which have been included in the regulation referred to in paragraph 1, have the Federal "Statistics Austria" in electronic form



1 no later than 31 March of each year the standings of their liabilities in accordance with § 1 para 2 divided liability according to report, 2. no later than 30 November of each year a no. 2 at the date of 31 December of the preceding year preview of the total maximum level of their liabilities in accordance with § 1 para 2 No. 2 for the following year to sign and 3. any 10%, or at least a million euro , excess exceeding of their reported preview according to Z 2 to announce.

(4) an extra-budgetary unit of the Confederation is re-recorded in the regulation, it has to report No. 2 in accordance with paragraph 3 already in their inclusion in the regulation.

(5) is deleted an extra-budgetary unit of the Federal Government under the Ordinance, all are existing and newly received guarantees until December 31 of the year in which the cancellation is done, to be no. 2 to the total amount in accordance with § 1 para. 3. The notifications referred to in paragraph 3 are no. 3 this year to the report referred to in paragraph 3 No. 1 even in the following year.

§ 4 (1) has the Bundesanstalt "Statistics Austria" annually on the date 30 June a list of all extrabudgetary units of the Federal Government that State belong to the sector and are the responsibility of the Federal Government, to create and to transmit them to the Federal Minister of finance no later than August 31 of each year.

(2) the Federal Agency "Statistics Austria" has to submit the data required for the report according to § 2 para 3 and for inclusion in the Federal accounts pursuant to § 2 para 4 the Federal Minister of finance no later than May 31.

(3) the nature and time of the transmission of data in accordance with § 3 paragraph 3 is determined by an agreement to final "Statistics Austria" and the Federal Minister of finance between the Bundesanstalt Nos. 2 and 3 to the Federal Minister for reimbursement of costs due to finances, their treatment and the Federal asylum "Statistics Austria" for this.

(4) the data collected pursuant to article 3 paragraph 3 or in some other form to liability in accordance with § 1 para 2 No. 2 may be transmitted to the Federal Minister of finance in the personal form. The transfer can be done electronically. Reports pursuant to section 3 para 3 Z 1 to 3 must not be published by the Federal Agency "Statistics Austria".

(5) whereas the term data pursuant to paragraph 2 to 4 are



1. the name of the non-budgetary units of the Association in accordance with § 1 para 2 Z 2, 2. the indication of the type of assumed liabilities, in particular guarantees or guarantees, and 3. the levels of liability to understand.

Criminal provisions

§ 5. Who comply with its reporting obligations in section 3 para 3 to 5 or section 6 paragraph 3 not fully or timely, or who is knowingly false information, commits an administrative offence and is to be punished up to EUR 10 000 from the district administrative authority - in the Office area a Federal Police Directorate of this - with fine.

Transitional provisions

Section 6 (1) has the Federal "Statistics Austria" to submit the list in accordance with article 4, paragraph 1 on the date June 30, 2011, within fourteen days after publication of this Federal Act.

(2) the initial issue of the regulation referred to in article 3, paragraph 1 shall be effected no later than 31 January 2012.

(3) the first message of the extrabudgetary units recorded in the regulation of the Covenant pursuant to section 3 para 3 No. 2 shall be within four weeks after entry into force of the regulation referred to in article 3, paragraph 1.

Final provisions

As far as other federal laws is referenced in this federal law provisions, these are § 7 (1), if not expressly otherwise determined is to apply in their respectively valid version.

(2) Regulations under this Federal Act can be adopted from the day following its promulgation.


(3) where in this Federal Act are personal names only in the male form, they relate to women and men in the same way. When applied to certain persons, the respective gender-specific form is to use.

Step 8 (1) article 6, paragraph 1 and article 7 paragraph 2 with expiration of the day of their by-laws in force. The remaining provisions of this Federal Act enter into force on January 1, 2012.

(2) with expiry of the 31 December 2011 enter override:



1. the Act of 30 October 1970 for more measures for the financing of the Austrian Airlines, Österreichische Luftverkehrs - Aktiengesellschaft (AUA financing law), BGBl. No. 335/1970, 2. the Federal law of 14 February 1973 concerning the takeover of the State guarantee for loans and other credits airport Vienna operating company with constrained liability, Federal Law Gazette No. 116/1973, 3. the Federal law of November 8, 1973, concerning the acquisition of Federal liability for bonds , Loan and other loans of the United Austrian iron and steel works – Alpine Montan Aktiengesellschaft, Federal Law Gazette No. 579/1973, 4. Federal Act of 24 January 1979 concerning the acquisition of Federal liability for the conversion of bonds, loans and other loans of Austrian Elektrizitätswirtschafts - Aktiengesellschaft (Verbundgesellschaft) and the special purpose vehicles, Federal Law Gazette No. 59/1979, 5. the Federal law of 21 October 1982 concerning the acquisition of Federal liability for bonds , Loan and other loans of Austrian Elektrizitätswirtschafts - Aktiengesellschaft (Verbundgesellschaft) and the special purpose vehicles (energy bond Act 1982) BGBl. No. 547/1982, 6 the Federal law concerning the assumption of liability for securing future of BAWAG P.S.K. Bank für Arbeit and Wirtschaft und Österreichische Postsparkasse AG (BAWAG p.s.k.-Security Law), BGBl. I No 61/2006.

§ 9. The Federal Minister of finance is entrusted with the execution of this Federal Act.

Article II

Amendment to the Federal Budget Act - BHG

The Federal Budget Act, Federal Law Gazette No. 213/1986, as last amended by Federal Law Gazette I no. 67/2010, is amended as follows:

1. in article 66, paragraph 3 the following sentence is added:

"Is liable for interest at a variable rate, applicable at the time of the liability value of the agreed rate of interest for the total running time to attract is for the calculation of the to be settled on the scope of the liability amount of interest."

2. after section 100, para. 40, 41 the following paragraph shall beadded:

"(41) section 66 paragraph 3 as amended by Federal Law Gazette I no. 149/2011, 1 July 2012 into force."

Article III

Amendment to the Federal Budget Act 2013 - 2013 BHG

The 2013 Federal Budget Act, Federal Law Gazette I no. 139/2009, as last amended by Federal Law Gazette I no. 67/2010, is amended as follows:

1. paragraph 17 section 1:

(1) all with carefully to make preparation for the enactment of legislation of the Confederation (laws, regulations, over - or intergovernmental agreements, agreements in accordance with article 15a B-VG), which entrusted bodies have preparation other right-use measures of fundamental type according to § 16 para 2 or of projects in accordance with section 58 subsection 2 on their significant impacts in the impact assessment referred to in paragraph 2. In any case, financial are economic, environmental, to take account of consumer protection policy, impact on children and youth, as well as the administrative costs for citizens and companies, as well as in social terms and in particular also on the actual equality of men and women."

2. According to article 67, paragraph 3, the following paragraph 3a is inserted:

"(3a) to apply paragraph 1 to 3 only as long as, as their shares not to the official market or the semi-official Austrian Stock-Exchange listing are limited companies, where the Federal Government is directly or indirectly a majority stake, or are admitted in a comparable way to trade on a foreign exchange."

3. paragraph 82 paragraph 2:

"(2) in the case of liability the Federal Government is to require of that"



1. the debtor or the debtor to provide all information to the Federal request and submit documents who appear the Federal Government in connection with the existence or the claiming of liability required;

2. the Federal Minister of finance or the Minister of finance granted the right at any time book - and audit and inspection at any time in the other for the exercise of his rights and obligations necessary records and documents of the debtor or the debtor's;

3. has to report the Federal the debtor or the debtor in writing about all circumstances which might not only marginally affect the reason and the amount of the liability of the Federal Government in terms of an increase in risk, immediately by itself;

4. the debtor or the debtor on the duration of the term of commitment, for which a liability is assumed, one or one I has the annual report together with the balance sheet and income statement and the audit report with a formal audit report No. 58/1999, authorised auditor or auditors to be submitted after the economic trust vocational Act (WTBG), Federal Law Gazette;

5. the debtor or the debtor for the assumption of liability by the federal one according to the nature of the in paragraph 1 Z 2 of mentioned project payable to bemessendes, but 1% annually not überschreitendes fee to the Federal has, that of the remaining part of the commitment to which the liability relates, is to calculate;

6. the Federal Government in the event of its claim from the assumption of liability in addition to the right to compensation for the paid debt (section 1358 ABGB) shall be also entitled to demand the compensation of all costs incurred in connection with the redemption of the assumed liability, including the costs incurred by the Federal Government in a dispute with the creditor or the creditor by the debtor or the debtor. To what extent can be taken into consideration in the exercise of this right of recourse to the financial and economic conditions of the debtor or the debtor's, is to be judged according the §§ 73 and 74.

By these terms and conditions paragraph 5 must be adhered to only on the basis of a federal law within the meaning of article 42 B-VG."

4. in section 82, paragraph 3 the following sentence is added:

"Is liable for interest at a variable rate, applicable at the time of the liability value of the agreed rate of interest for the total running time to attract is for the calculation of the to be settled on the scope of the liability amount of interest."

5. in article 121, subsection 20 Z 1 lit b is replaced the phrase "Use Group A3 (basic career and functional groups 1 to 4)" by the phrase "Use Group A3 (basic career and functional groups 1 to 5)".

6. in article 121, paragraph 21 Z 1 lit b the bracket expression (basic career and functional groups 1 through 6) is.

7. after section 122 (4) the following paragraph 5 is added:

"(5) § 17 para 1, § 67 paragraph 3a, § 82 par. 2 and 3 and § 121 paragraph 20 and 21 as amended by Federal Law Gazette I no. 149/2011, with 1 January 2013 into force."

Article IV

Change the IAKW - (funding) Act

The IAKW - funding law, BGBl. No. 150/1972, amended by Federal Law Gazette I no. 122/2008, is amended as follows:

1. paragraph 4:

„§ 4. The Federal Minister of finance is authorized by the Corporation to carry out their tasks according to § 1 para 1 and 2 in performs the domestic and foreign credit operations called the Federal Government in accordance with section 66 of the Federal Budget Act, BGBl. to take no. 213/1986 in the currently valid version, liability as guarantor and payer in accordance with § 1357 ABGB, or in the form of guarantees in accordance with the applicable federal financial laws."

Article V

Amendment of the Federal law of June 3, 1964, relating to the financing of the Innsbruck-Brenner motorway

The Federal law of June 3, 1964, relating to the financing of Highway Innsbruck-Brenner, Federal Law Gazette No. 135/1964, amended by Federal Law Gazette No. 826/1992, is amended as follows:

1. § 3 is omitted.

Article VI

Amendment of the Tauern highway funding Act

The Tauern highway funding law, BGBl. No. 115/1969, amended by Federal Law Gazette No. 826/1992, is amended as follows:

1. § 5 is omitted.

2. in paragraph 8, the phrase "and section 5 paragraph 9" is omitted.

Article VII

Amendment of the Pyhrn motorway Financing Act

The Pyhrn Autobahn financing law, BGBl. No. 479/1971, amended by Federal Law Gazette No. 826/1992, is amended as follows:

1. § 5 is omitted.

2. in article 8, the number "5," is omitted.

Article VIII

Change of the Arlberg Expressway (funding) Act

The Arlberg Expressway Financing Act, Federal Law Gazette No 113/1973, as last amended by Federal Law Gazette No. 826/1992, is amended as follows:

1. § 5 is omitted.

2. in article 8 the word consequences "and section 5 paragraph 9" account for and "the § 5 para 1 to 8 and 10, as well as with regard to".

Fischer

Faymann