Key Benefits:
67. Federal Law, with which the Federal Finance Act, the Federal Budget Act and the Federal Budget Act 2013 will be amended
The National Council has decided:
table of contents
Article 1 |
Amendment of the Federal Finance Act |
Article 2 |
Amendment of the Federal Budget Act |
Article 3 |
Amendment of the Federal Budget Act 2013 |
Article 1
Amendment of the Federal Finance Act
The Federal Finance Law BGBl. No. 763/1992, as last amended by the Federal Law BGBl. I n ° 22/2009, shall be amended as follows:
1. The following sentence shall be added to Article 1 (2):
" In the social contract, the Individual representation , to exclude a single prokura or a single-handed operation for the entire business operation. "
2. § 1 (3) reads:
" (3) The provisions of the Banking Act-BWG, BGBl. No 532/1993, with the exception of Section 39 (1) and (2) of the Federal Elections Act and § § 40 to 41 of the Federal Elections Act (BWG), no application. Likewise, the provisions of the Securities Supervision Act 2007-WAG 2007, BGBl. I n ° 60/2007, and the provisions of the 1994 Trade Regulations-GewO 1994, BGBl. N ° 194/1994, do not apply to the activities of the ÖBFA. "
3. § 2 (5) reads:
" (5) The ÖBFA may also, on behalf of and on behalf of other entities in which the Federal Government is a majority party, or for its lending operations, the Federal Government on the basis of an authorization in the Federal Finance Act or in a special federal law pursuant to Pursuant to Article 42 (5) B-VG, liability as guarantor and payer pursuant to § 1357 ABGB or in the form of guarantees may be assumed, the administration and settlement of loans, the execution of predisposition, account dispositions, the payment transactions, as well as of other financial operations. "
4. The following sentences are added to § 3 (1):
" In the case of none of the managing directors, there may be a reason for exclusion within the meaning of section 13 (1) to (3), (5) and (6) (6) of the 1994 The managing director must have ordered economic conditions and there must be no facts from which doubts arise as to his personal reliability. "
5. § 4 (1) reads:
" (1) Board decisions shall be made by a simple majority. If no decision is taken as a result of a tied vote, or if there is no unanimous decision in actions pursuant to paragraph 3, the Management Board has to inform the Supervisory Board and the Federal Minister of Finance. "
6. According to Article 4 (1), the following paragraph 1a is inserted:
" (1a) The Management Board shall conduct the business in accordance with the laws, the social contract and the rules of procedure to be approved by the Supervisory Board. In the social contract, the sole representative power is to exclude a single prokura or a single-handed power for the entire business operation. The company is represented by two managing directors jointly or by a managing director together with a prokurist. "
7. The entry rate to § 4 (2) reads:
"The Management Board has the approval of the Supervisory Board for the following actions:"
8. § 4 para. 2 Z 6 reads:
" 6. |
Definition of risk management policies (including adequate governance mechanisms for all relevant risk types, including risk types credit risk, market risk, legal risk, operational risk and reputational risk), Assessment guidelines and the rating of the debtors in the case of agendas in accordance with § 2 (1) Z 2 to 5, " |
9. § 8 sec. 1 Z 2 shall be the word at the end of the sentence "and" is replaced by a dash and Z 3 is:
" 3. |
to commission the auditor of the ÖBFA and other knowledgeable persons against cost replacement by the ÖBFA with verifications within the meaning of Z 2 and " |
10. According to § 8 (1) Z 3, the following Z 4 is added:
" 4. |
Commission the internal audit of the Federal Minister of Finance with the audit of the ÖBFA against cost replacement by the ÖBFA. " |
11. In accordance with § 9, the following § 9a and title shall be inserted:
" Linguistic equality
§ 9a. Insofar as personal names are only mentioned in male form in this federal law, they refer to women and men in the same way. The gender-specific form must be used in the application to certain persons. "
12. In accordance with Article 11 (7), the following paragraph 8 is added:
" (8) § 1 (2) and (3), § 4 (1) and (1a) and Section 4 (2) Z 6 in the version of the Federal Law BGBl (Bundesgesetz BGBl). I n ° 67/2010 are 1. October 2010, in force. "
Article 2
Amendment of the Federal Budget Act
The Federal Budget Act BGBl. No. 213/1986, as last amended by the Federal Law BGBl. I n ° 138/2009, shall be amended as follows:
1. § 5 para. 2 Z 6 reads:
" 6. |
two managing directors together or one managing director together with a procurator of the Austrian Federal Finance Agency (ÖBFA) with regard to the performance of the tasks of the ÖBFA pursuant to § 2 (1) and (4) of the German Federal Finance Act, BGBl. N ° 763/1992, ' |
Section 15b (1) reads as follows:
" (1) Without prejudice to existing legal information, reporting and controlling obligations, it is particularly appropriate to:
1. |
Companies in which the Federal Government is directly or indirectly involved in the majority of the federal government, and the Federal Ministers responsible for managing the shares, and |
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2. |
Under the supervision of the Federal Government, companies under public law and institutions under public law-with the exception of the institutions of the Social Security-of the Federal Minister entrusted with the supervision of the supervisory authority |
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to carry out an equity controlling and to inform the Federal Minister of Finance in accordance with the guidelines referred to in paragraph 2 above. This also applies to outsourced bodies of the federal government as legal entities of public law, whose legal form is otherwise referred to by federal law. Equity controlling also includes risk controlling. " |
3. The following sentence shall be added to Article 15b (2):
"The Federal Minister of Finance shall, taking into account the transactions to be taken by the entities referred to in paragraphs 1 and 2 (1) and (2), extend the guidelines for the dimension of the risk control."
4. In accordance with Section 65a (2), the following paragraph 3 is added:
" (3) The Executive Board of the ÖBFA has the Federal Minister of Finance up to the 31. To submit a proposal for the management and coordination of financial and other federal debt, including currency exchange contracts, for the next following year, October of a calendar year. On the basis of this proposal and the expected financing needs of the Federal Government, the Federal Minister of Finance, taking into account the risk management for financial transactions, determines the business policy orientation of the ÖBFA and shares it. those of the management. "
5. In accordance with § 100 (39), the following paragraph 40 is added:
" (40) § 5 sec. 2 Z 6 in the version of the Federal Law BGBl. I n ° 67/2010 is 1. October 2010 in Kraft, § 65a (3) in the version of the Federal Law BGBl. I n ° 67/2010 is 30. October 2010 in Kraft, § 15b (1) and (2) in the version of the Federal Law BGBl. I n ° 67/2010 will enter into force on 1 July 2011. '
Article 3
Amendment of the Federal Budget Act 2013
The federal budget law on the management of the federal budget (Federal Budget Act 2013-BHG 2013), BGBl. I n ° 139/2009, shall be amended as follows:
1. § 7 (1) Z 4 reads as follows:
" 4. |
Two managing directors together or a managing director together with a procurator or a prokurist of the Austrian Federal Finance Agency (ÖBFA) in relation to the fulfilment of the the tasks of the ÖBFA pursuant to § 2 (1) and (4) of the Federal Finance Law, BGBl. N ° 763/1992, ' |
2. In § 67, the following sentence shall be added at the end of paragraph 1:
"Participation controlling also includes risk controlling."
3. In § 67, the following sentence shall be added at the end of paragraph 2:
"The Federal Minister of Finance or the Federal Minister of Finance shall, taking into account the transactions to be taken by the entities referred to in paragraphs 1 and 2 (1) and (2), extend the Regulation to include the dimension of the risk control."
4. In accordance with § 79 (4), the following paragraph 5 is added:
" (5) The Executive Board of the ÖBFA has the Federal Minister of Finance or the Federal Minister of Finance up to the 31. To submit a proposal for the management and coordination of financial and other federal debt, including currency exchange contracts, for the next following year, October of a calendar year. On the basis of this proposal and the expected financing needs of the Federal Government, the Federal Minister of Finance or the Federal Minister of Finance, under cover of the risk management for financial transactions, lays down the business policy. Orientation of the ÖBFA and shares it with the management. "
5. In accordance with § 122 (3), the following paragraph 4 is added:
" (4) § 7 (1) Z 4, § 67 (1) and (2) and § 79 (5), in the version of the Federal Law BGBl. I No 67/2010, with 1. Jänner 2013 in force. "
Fischer
Faymann