100. Federal Law, with which the Federal Theatal Organization Act is amended

The National Council has decided:

The Federal Act on the Reorganisation of the Federal Theatre (Bundestheaterorganisationsgesetz-BThOG), BGBl. I n ° 108/1998, as last amended by Federal Law BGBl. I n ° 40/2014, shall be amended as follows:

1. In § 2 para. 4, after the word order "to ensure the education and training of ballet teachers" the phrase "and to host the Vienna Opera Ball" inserted.

2. § 3 (7) reads:

"(7) Changes to the founding declaration of Bundestheater-Holding GmbH shall be made by the Federal Chancellor in agreement with the Federal Minister of Finance."

3. § 4 (1) reads:

" (1) Bundestheater-Holding GmbH has the function of a strategic management holding company for the subsidiaries. In particular, it is responsible for the following tasks:

1.		the exercise of shareholders ' rights in the subsidiaries; in this context, it is the responsibility of the subsidiary to take decisions on the following matters:
a)			Examination and determination of the annual accounts and compliance with the Public Corporate Governance regulations of the Federal Republic of Germany as well as the decision to cover the disbursements and use of surpluses;
b)			Discharge of the managing directors and supervisory boards;
c)			Request for deposits to be paid to the parent deposits;
d)			Repayment of surpluses;
e)			Decision on the granting of the Prokura and the trading powers;
f)			Assertion of replacement claims in accordance with § 35 paragraph 1 Z 6 GmbHG;
g)			reimbursement of a proposal for the allocation of funds pursuant to § 7 (2) and (3) to the Federal Chancellors;
h)			Conclusion of contracts by which the company, whether existing or to be established, permanently to its operations, is to acquire, for one fifth of the share capital, certain assets or immovable property, as well as the amendment of such contracts to the detriment of the company, provided that it is not the acquisition of real estate by way of forced auction;
i)			Conclusion of performance and target agreements for the Federal Theatres Group for three years (three-year plans) with the Federal Chancellor;
j)			Approval of the company concepts in accordance with § 6 para. 1;
k)			approval of the annual and multi-annual operations of the subsidiaries (business budgets and staff plans) by 30 June of each year, with validity for the following financial year;
l)			Regulations for the audit and supervision of subsidiaries.
2.		Release of group guidelines for the Bundestheater-Holding GmbH and its subsidiaries as well as guidelines on the interaction of the subsidiaries and determination of audit rights and accompanying control over the Subsidiaries;
3.		Establishment and further development of a unified accounting and accounting system, equity and financial control, personnel accounting, internal control systems (ICS), internal audit and IT systems;
4.		Completion of performance and target agreements for three years (three-year plans) with the subsidiaries;
5.		Determination of the services to be provided by Theaterservice GmbH for the Group for strategic or economic reasons;
6.		maintenance and production measures in respect of the properties and buildings in the fruit consumption of the companies pursuant to § 3;
7.		In accordance with Z 6, the property and the buildings according to Z 6 shall be released to the stage companies for the purpose of carrying out their duties in the event of a charges being paid. "

4. § 4 (3) reads:

" (3) The Theaterservice GmbH has the following tasks in particular:

1.		the carrying out of maintenance work on buildings and the perception of the agendas of the building administration;
2.		the setting-up of stage sets, costumes and other theatre requisites;
3.		the provision of the services of the card distribution;
4.		the provision of computerised services;
5.		the execution of storage and transport services as well as the management of the operation of the fundus and the settlement of rejections from the fundus;
6.		Carrying out the maintenance work on stage equipment .
The Bundestheater-Holding GmbH may determine the provision of further infrastructure services by Theaterservice GmbH. "

5. § 6 (1) reads:

" § 6. (1) The management of each company shall, within a period of six months from the date of order, draw up a company concept with the stage companies from the beginning of the appointment of the artistic director, and the Supervisory Board shall be responsible for the Authorisation to be submitted. The company concepts of the subsidiaries also require the approval of the Bundestheater-Holding GmbH. The concept has, in particular, the corporate objectives pursued by the company and the strategies it pursues, as well as the organisation underlying the company, including the plans for the use of personnel and materials for which the company is responsible. investment projects and for financing. "

6. In § 6 (2), after the word "Finance" the phrase "and the Bundestheater-Holding GmbH pursuant to § 4 (1) Z 3" inserted.

7. § 7 (2) to (3) shall be replaced by the following paragraphs 2 to 3:

" (2) The Federal Government has for the expenses incurred by the stage companies in connection with the performance of the cultural policy order and the Bundestheater-Holding GmbH in connection with the performance of their tasks, from the 1. January 2014 to provide an annual base diversion in total of 148,936 million euros; from the 1st of January 2014. January 2016 is the annual base diversion of 162.936 million euros.

(2a) In addition to the retribution in accordance with paragraph 2, the Federal Government may, in accordance with the budgetary possibilities, make a financial contribution to the necessary structural investment and maintenance measures, operational requirements and cultural policy Special projects of the stage companies. The measures and projects to be financed are in the performance and target agreement according to § 4 Z 1 lit. i, including its own financial resources, to the stage companies and to the resources made available by third parties.

(3) In accordance with the funds provided for these purposes in the annual Federal Finance Act, the Federal Government may reimburse the extraordinary expenses of the stage companies on the condition that this is done in spite of the economic, economical and appropriate It is essential to give birth to the companies and to take rationalisation measures. The payment of this remuneration shall be subject to the agreement of the Federal Minister of Finance. "

8. In Section 7 (4), the phrase " in agreement with the through the phrase "after hearing the" replaced.

Section 9 (1) reads as follows:

" § 9. (1) Theaterservice GmbH is obliged to offer the services according to § 4 (3) Z 2 and 5 to the stage companies according to the principle of the uniformity of the operating workload. On the other hand, these companies are obliged to make use of these services offered by Theaterservice GmbH. If services according to § 4 (3) (2) or (5) can be offered by a third party for the same performance content and the same contractual terms and conditions, this is to be applied to the performance of the service. "

10. In § 9, the quote is deleted in para. 2 "in accordance with paragraph 1" Paragraph 4 reads as follows:

" (4) The Theaterservice GmbH is entitled, beyond the obligation obligation pursuant to paragraph 1, to the Federal Government and the companies in accordance with Section 3 (1), the Federal Museums and the Austrian Federal Republic of Germany, all services which are the subject of the business. The National Library and its subsidiaries are to be provided and provided. With a view to this, Theaterservice GmbH can offer and provide its services in public competition. "

11. § 10 reads:

" § 10. In the case of orders pursuant to § 9 (1) and (4), first sentence, to Theaterservice GmbH § 10 Z 7 of the Bundesvergabegesetz 2006, Federal Law Gazette (BGBl) applies. I No 17/2006. In the case of orders to third parties, Theaterservice GmbH shall apply the Bundesvergabegesetz 2006. "

12. § 12 (2) to (4) reads:

" (2) The Bundestheater-Holding GmbH has one or two managing directors, who are to be appointed by the Federal Chancellor after hearing the Supervisory Board. If two managing directors are appointed, the Federal Chancellor has to appoint one of the spokespersons for the management. If there is no agreement in matters of management between the two business leaders, the opinion of the spokesperson of the management is decisive (dirimation right). Such decisions shall be brought to the attention of the Supervisory Board without delay.

(3) The stage companies each have two managing directors, one for the artistic affairs (artistic managing director) and one for the commercial affairs (commercial managing director). The artistic directors can lead the term "director" and are free of instruction in artistic matters.

(4) The appointment of the managing directors of the subsidiaries shall be effected by the Federal Chancellor after hearing the management of the Bundestheater-Holding GmbH and the supervisory board of the company concerned. The appointment of the artistic directors is to be found in the Recruitment Act, BGBl. I n ° 26/1998, with the proviso that this function may also be used to entrust persons who have not applied for this function within the framework of the invitation to tender. The tendering of the functions is carried out by the Bundestheater-Holding GmbH in agreement with the Federal Chancellor. When ordering the commercial director of the stage companies, the artistic director can be heard in addition. "

13. In § 13, paragraphs 2 to 6 are replaced by the following paragraphs 2 to 5:

" (2) In the statements according to § 3 para. 2 GmbHG (social contract), the order of six supervisory boards is to be provided.

(3) The members of the Supervisory Board of Bundestheater-Holding GmbH shall be appointed as follows: Dispatched:

1.		a member of the Federal Chancellor,
2.		three members from the circle of experts in the fields of finance, stage systems or legal systems of the Federal Chancellor,
3.		two members of the Federal Minister of Finance.

(4) The Supervisory Board of the subsidiaries according to § 3 paragraph 4 belongs to the Managing Director of Bundestheater-Holding GmbH, who is also the Chairman of the Supervisory Board. If two managing directors are appointed, these duties will be carried out by the management spokesman. The other members of the Supervisory Boards are appointed as follows: Dispatched:

1.		a member of the Bundestheater-Holding GmbH;
2.		three members of the Federal Chancellor;
3.		a member of the Federal Minister of Finance.

(5) The Supervisory Boards pursuant to Section 3 (3) (1) and (2) and (4) (2) of the Supervisory Board shall be opposed to the Federal Chancellor and the Supervisory Boards pursuant to Section 3 (3) (3) and (4) (3) to the Federal Minister of Finance on the decisions of the Supervisory Board. Exchange of information obligated. "

14. § 13 (9a) is:

" (9a) The following transactions of Bundestheater-Holding GmbH may only be carried out with the approval of the Supervisory Board:

1.		Acquisition and disposal of shareholdings (§ 189a Z 2 UGB), acquisition, sale and decommissioning of companies and companies as well as Austöchterungen der Bundestheater-Holding GmbH and its subsidiaries;
2.		Acquisition, sale and loading of real estate;
3.		Establishment and closure of branches;
4.		investments which exceed certain acquisition costs in the individual and in total in a financial year;
5.		the inclusion of loans and loans, which exceed a certain amount in the individual and in total in a financial year;
6.		the granting of loans and loans, in so far as it is not part of the ordinary business operation;
7.		the recording and abandonation of business branches and types of production;
8.		Definition of general principles of business policy, in particular the multi-annual general planning of the Bundestheater-Holding GmbH;
9.		determination of the annual budget of the company in the context of the multi-annual overall planning;
10.		Definition of group guidelines for the Bundestheater-Holding GmbH and its subsidiaries as well as the guidelines pursuant to § 4 paragraph 1 Z 2;
11.		Determination of principles for the granting of profit or turnover participations and pension pledges to managing directors and executive employees within the meaning of Section 80 (1) of the German Stock Corporation Act 1965 as well as the approval of such agreements in the case of the Subsidiaries;
12.		Conclusion of contracts with members of the Supervisory Board, by means of which the Supervisory Board, outside of its activities on the Supervisory Board with respect to the Company or a subsidiary (§ 189a Z 7 UGB), is to perform a performance against a non-negligible Commit a fee; this shall also apply to contracts with companies in which a member of the Supervisory Board has a significant economic interest;
13.		Acquisition of a leading position (§ 80 of the German Stock Corporation Act) within two years after the auditor's confirmation, by the auditor, by the auditor, by the auditor of a significant company , or by the auditor of the respective audit, and a person acting on behalf of the auditor who has performed a leading role in the examination, to the extent that this is not in accordance with Section 271c of the UGB is prohibited;
14.		Conclusion of collective agreements and of operating agreements of the Bundestheater-Holding GmbH and the subsidiaries, which are of fundamental importance;
15.		Proposal to the Federal Chancellor to convene the commercial directors of the subsidiaries with a two-thirds majority;
16.		Appointment of the auditors of the annual financial statements of the subsidiaries;
17.		Determination of the annual accounts of the subsidiaries;
18.		Proposal to the Federal Chancellor for the division of the basic diversion in accordance with § 7;
19.		Approval of the company concepts in accordance with § 6 para. 1;
20.		Approval of the single-and multi-annual plans of the subsidiaries (business budgets and staff plans) by 30 June each year, with validity for the following financial year, as well as the performance and target agreements for three years each year (three-year plans) with the subsidiaries;
21.		Conclusion of performance and target agreements for the Federal Theatres Group for three years (three-year plans) with the Federal Chancellor;
22.		Determination of the services to be provided by Theaterservice GmbH for the Group pursuant to Section 4 (1) Z 5. "

15. In Article 13 (10a), the word shall be used in the introduction "should" by the word "may" replaced.

16. In § 13 para. 10a Z 1, the parenthesis shall be "(§ 228 UGB)" by "(§ 189a Z 2 UGB)" replaced.

17. § 13 Abs 10a Z 9 reads:

" 9.		the establishment of the company's annual and multi-annual planning (corporate budget and three-year plan) for the following financial year; "

18. In § 13 para. 10a Z 11, the parenthesis shall be "(§ 228 Abs 3 UGB)" by "(§ 189a Z 7 UGB)" replaced.

19. § 13 (12) reads:

"(12) In the companies according to § 3, the Supervisory Board shall establish a respective audit committee within the meaning of Section 30g (4a) of the GmbHG."

20. In Article 17 (1), the name shall be referred to as "Bundestheater-Holding GmbH" the phrase " , two managing directors are appointed, the spokesman of the management, " inserted.

(21) The following paragraph 7 is added to Article 31a:

" (7) § § 2 para. 4, 3 para. 7, 4, 6, 7, 9, 10, 12, 13, 17 and 32 in the version of the Federal Law BGBl I No. 100/2015 will enter into force on 1 September 2015. With effect from 1 September 2015, the Supervisory Boards of Bundestheater-Holding GmbH and its subsidiaries are to be reordered. All necessary measures may be taken with the day following the presentation of this Federal Act. "

22. § 32 reads:

" § 32. With the enforcement of this federal law are entrusted:

1.		With regard to Section 3 (1) and Section 7 (2) to (3) and Section 27 of the Federal Chancellor, in agreement with the Federal Minister for Finance;
2.		as regards Section 5 (1) and (2) of the Federal Minister of Finance, in agreement with the Federal Chancellor;
3.		as regards § 5 (2) penultimate sentence, § 7 para. 1, § 8, insofar as this does not affect court and judicial administrative fees or federal administrative charges, § 13 para. 3 Z 3, § 13 para. 4 Z 3, § 17 para. 5 and § 21 para. 1 to 3 of the Federal Ministers for finance;
4.		with regard to § 11, § 17 (4), § 21 (4) and § 22 of the Federal Minister for Labour, Social Affairs and Consumer Protection;
5.		as regards § 8, in so far as these court and judicial administrative fees are concerned, the Federal Minister for Justice;
6.		as regards Section 17 (6) and Section 25 of the Federal Minister for Science, Research and the Economy;
7.		in respect of § § 24 and 31 of the relevant Federal Ministers;
8.		by the way, the Federal Chancellor. "

Fischer

Faymann