137. Federal law that modifies the 2002 law on associations and the Federal Foundation and fund law (Associations Act Amendment 2011 - VerGNov 2011)
The National Council has decided:
Amendment of the 2002 Association Act
The Associations Act 2002, Federal Law Gazette I no. 66/2002, as last amended by the budget bill 2011, Federal Law Gazette I no. 111/2010, is amended as follows:
1 in § 5 para 2, the first sentence reads:
"The General Assembly is to convene at least every five years."
1a. Article 19 is amended as follows:
(a) in paragraph 2, the phrase 'certain clubs' "one possibly added clearly after his ZVR-number (§ 18 para 3) or his name or name components, with the Club seat, identifiable Association" is replaced by the phrase.
(b) with the budget bill 2011, Federal Law Gazette I no. 111/2010, attached paragraph 5 is paragraph labeled (6).
2. paragraph 22, section 4:
"(4) as statutory auditor can accountants or accounting firms and Auditors within the meaning of § 13 cooperative Auditor Act 1997, Federal Law Gazette I no. 127/1997, will be used."
3. the heading of section 24 is as follows:
"Liability of organ Wahab and Auditors"
4. § 24 para 1 second sentence reads:
"The officials or the auditor operates free of charge, shall be liable only in case of intent or gross negligence, unless otherwise agreed or is laid down in the statutes."
5. According to § 24 para 4 following paragraph 5 to 7 are added: "(5) a free active officials or auditor shall a third party to the compensation for damage caused in carrying out his duties he may require exemption from the liability of the Association. This does not apply if he has caused the damage intentionally or through gross negligence or if else agreed or in the statutes is set.
(6) neglects the officials or auditors, to announce the fight Club, so he loses the right to exemption from the liability against the Club though, but can the Club all unfulfilled remaining objections oppose him against the third party and thus far free of his obligation, considered that these objections led another decision against the third party , when they part would be been used.
(7) a liability insurance concluded by a club has to cover also the claim referred to in paragraph 5 an Organwalters or auditor against the Club."
6 § 33 shall be amended as follows:
(a) in article 33, paragraph 6, the quote is "commercial law amendment Act, Federal Law Gazette I no. 120/2005," by the quote "Federal Law Gazette I no. 124/2005" replaced.
(b) the following paragraph 10 is added:
"(10) § 5 para 2, § 19 para 2, § 22 para 4 and § 24 and heading as amended by the amendment to the law on associations 2011, Federal Law Gazette I no. 137/2011, 1 January 2012 into force." The provisions of § 24 para 1, 5 and 6 as amended by this federal law are to apply to acts and omissions which are used after December 31, 2011. Section 24 paragraph 7 in this version is to apply if the liability insurance will be completed after December 31, 2011."
Amendment of the Federal Foundation and Fund Act
The Federal Foundation and Fund Act, Federal Law Gazette No. 11/1975, as last amended by the budget bill 2011, Federal Law Gazette I no. 111/2010, is amended as follows:
1. paragraph 14 paragraph 2a:
"(2a) for foundations with an endowment of more than one million euros the Foundation's governing bodies have to an auditor or an audit firm or an auditor within the meaning of § 13 of the cooperative Audit Act of 1997, Federal Law Gazette I no. 127/1997, as statutory auditor order."
2. paragraph 32 paragraph 2a:
"(2a) for funds with fund assets of more than one million euros fund institutions to an auditor or an audit firm or an auditor within the meaning of § 13 of the cooperative Audit Act 1997, BGBl. I have no. 127/1997, as statutory auditor order."
The following paragraph 4 is added to § 3. 44:
"(4) § 14 para 2a and § 32 para 2a, as amended by the amendment to the law on associations 2011, Federal Law Gazette I no. 137/2011, 1 January 2012 into force."