Club Law 2011 - Vergnov 2011

Original Language Title: Vereinsgesetz-Novelle 2011 – VerGNov 2011

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137. Federal Law to amend the Act of Associations 2002 and the Federal Law on the Foundation and the Funds (Vereinsgesetz-Novelle 2011-VerGNov 2011)

The National Council has decided:

Article 1

Amendment of the Vereinsgesetz 2002

The Law of Associations 2002, BGBl. I n ° 66/2002, as last amended by the Budget Accompanying Act 2011, BGBl. I n ° 111/2010, is amended as follows:

1. In § 5 (2), the first sentence reads:

"The General Assembly shall be convened at least every five years."

(1a) § 19 is amended as follows:

(a) In paragraph 2, the word order shall be "certain clubs" through the phrase "one clearly according to its ZVR number (§ 18 para. 3) or its name or name components, if necessary supplemented with the club seat, determinable association" replaced.

b) The one with the budget support law 2011, BGBl. I n ° 111/2010, attached para. 5 shall be replaced by the sales designation "(6)" .

2. § 22 (4) reads:

" (4) As auditors, auditors or auditing companies as well as auditors within the meaning of Section 13 of the Cooperative Review Act 1997, BGBl. I No 127/1997. '

3. The title of § 24 reads:

"Liability of organ walters and auditors"

4. § 24 (1) second sentence reads:

"If the organ walter or the auditor is acting free of charge, he shall only be liable in case of intent or gross negligence, unless otherwise agreed or fixed in the statutes."

5. According to Article 24 (4), the following paragraphs 5 to 7 are added:

" (5) If an organ walter or auditor who is free of charge is obliged to a third party to compensate for any damage caused in the performance of his duties, he may require the association to obtain the exemption from the liability. This shall not apply if he has caused the damage intentionally or with gross negligence, or if otherwise agreed or set out in the statutes.

(6) If the organwalter or auditor fails to announce the dispute to the club, he does not lose the right to the exemption from the liability against the association, but the association can not execute all against the third party. , to the extent that it is recognised that such objections have led to a different decision against the third party if they have been used by them, would be.

(7) A liability insurance completed by an association shall also cover the claim of an organist or auditor referred to in paragraph 5 against the association. "

(6) § 33 is amended as follows:

(a) In Section 33 (6), the quote shall be: " Handelsrechts-amending Act, BGBl. I No 120/2005, " by quoting " Federal Law BGBl. I No 124/2005 " replaced.

(b) The following paragraph 10 is added:

" (10) § 5 (2), § 19 (2), § 22 (4) and § 24, together with the title in the version of the November 2011 Association Act, BGBl. I No 137/2011, with 1. Jänner 2012 in force. The provisions of § 24 (1), (5) and (6) in the version of this Federal Act shall apply to acts and omissions that are set after 31 December 2011. Section 24 (7) in this version shall apply if the liability insurance is concluded after 31 December 2011. "

Article 2

Amendment of the Federal Foundation for the Foundation and the Fund

The federal foundation and fund law, BGBl. No. 11/1975, as last amended by the Budgetbegleitgesetz 2011, BGBl. I n ° 111/2010, is amended as follows:

1. § 14 (2a) reads:

" (2a) For foundations with a foundation assets of more than one million euros, the foundation organs have an auditor or an accounting firm or a auditor within the meaning of § 13 of the Cooperative Review Act 1997, BGBl. I No 127/1997, as auditor. "

Section 32 (2a) reads as follows:

" (2a) For funds with a fund assets of more than one million euro, the fund bodies have an auditor or an accounting firm or a auditor within the meaning of Section 13 of the Cooperative Review Act 1997, BGBl. I No 127/1997, as auditor. "

(3) The following paragraph 4 is added to § 44:

" (4) § 14 (2a) and § 32 (2a) in the version of the Vereinsgesetz-Novelle 2011, BGBl. I No 137/2011, with 1. Jänner 2012 in force. "

Fischer

Faymann