146. Federal law establishing a federal law on the establishment of a future fund of the Republic of Austria (Zukunftsfonds-Gesetz) and a federal law on the establishment of a scholarship foundation of the Republic of Austria (Scholarship Foundation Act) shall be

The National Council has decided:

Article I

Federal Law on the Establishment of a Future Fund of the Republic of Austria (Future Fund Act)

I. Section: Establishment and tasks of the Future Fund

§ 1. (1) This federal law provides a fund for the promotion of projects to commemorate the victims of the National Socialist regime and to investigate the injustice that occurred during the National Socialist regime in the territory of today's Republic. Austria has taken place, as well as a forward-looking promotion of tolerance and non-discrimination, which bears the name "Zukunftsfonds der Republik Österreich" (Future Fund of the Republic of Austria) (subsequently called "Zukunftsfonds").

(2) The Future Fund is an institution of the Republic of Austria, is subject to Austrian law, has its own legal personality and serves exclusively for charitable purposes. He has his seat in Vienna.

§ 2. The future fund is responsible for the following tasks:

1.		The promotion of projects that serve the interests and remembrance of the victims of the National Socialist regime, the memory of the threat of totalitarian systems and the rule of violence, as well as of international cooperation, and to a Promote respect for human rights and mutual tolerance in these areas, as well as the promotion of scientific work on these issues.
2.		The management of residual funds and the residual development of the performance of the Fund for Reconciliation, Peace and Cooperation (reconciliation fund) under the reconciliation fund law, BGBl. No 74/2000, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 109/2004, after the end of the period of operation of the reconciliation fund.

II. Section: Funds of the Future Fund

§ 3. (1) In order to carry out its tasks in accordance with § 2 Z 1, the Fund for the Future shall receive the corresponding funds from the Reconciliation Fund with the end of the functional period of the reconciliation fund in accordance with the decisions of the Board of Trustees of the Reconciliation Fund.

(2) In order to carry out its tasks in accordance with § 2 Z 2, the Fund for the Future shall receive the necessary remaining funds from the reconciliation fund with the end of the functional period of the reconciliation fund.

(3) The future fund is finally endowed with the funds available under (1) and (2). There is no proof of duty.

(4) The future fund may also receive other benefits.

(5) The fund capital shall be invested in the first place.

§ 4. (1) The fund assets, income and other benefits shall be used exclusively in the sense of the fund's purpose. These include the administrative costs involved. The management of the Fund for the Future must be managed in accordance with the principles of economy, economic efficiency and expediency.

(2) The Future Fund shall be exempt from all fees and charges regulated by law. This also applies to the application to the Future Fund.

III. Section: Institutions of the Future Fund

§ 5. (1) The institutions of the Future Fund shall be the Board of Trustees (§ 6), the Project Assistance Advisory Board (§ 8) and the Secretary-General (§ 10).

(2) The future fund shall be represented externally by the Secretary-General.

(3) The Federal Ministry of Foreign Affairs provides technical and administrative support to the Fund for the Future and provides the staff required for the implementation of the tasks of the Future Fund according to § 2 Z 1. The staff of the Future Fund shall be selected on the basis of factual and technical criteria.

§ 6. (1) The Board of Trustees is the supreme body of the Future Fund and consists of five members. It is composed of renowned personalities who have experience in the remit of the Future Fund according to the I. Section.

(2) As members for a period of five years, the following are to be ordered:

1.		two members by the Federal Chancellor,
2.		two members by the Federal Minister for Foreign Affairs.

(3) The members of the Board of Trustees appointed pursuant to paragraph 2 (2) (1) and (2) shall elect a chairman from a list of persons drawn up by the Federal Chancellor with a majority of votes as the fifth member.

(4) The members of the Board of Trustees perform their function on a voluntary basis, and the outlays necessary for the performance of their function shall be replaced by the Future Fund.

(5) The reappointment of members of the Board of Trustees after the end of the period of operation shall be admissible. When a member of the Board of Trustees dismises before the end of the period of operation, it shall be replaced by the appointment of a new member for the remainder of the operating period under the appropriate application of the provisions of paragraphs 1 to 3.

§ 7. (1) The Board of Trustees shall, in particular, be responsible for:

1.		Election of the Chairman (Section 6 (3)) and of a Vice-Chairman;
2.		Discharge of the rules of procedure of the Future Fund;
3.		To issue directives on the granting of benefits in accordance with § 2 (1) (1) (1);
4.		Decision-making on the granting of benefits in accordance with § 2 Z 1;
5.		General decisions and authorisations of the Secretary-General with regard to the tasks assumed by the Reconciliation Fund in accordance with Article 2 (2) (2) (2);
6.		Decision-making on the Financial Regulation;
7.		control over the dedicated use of the fund's assets;
8.		Approval of the clearance of accounts;
9.		Contact and cooperation with other institutions in Germany and abroad;
10.		the resolution of the future fund;
11.		Appointment of the Secretary-General on a proposal from the Federal Chancellor, convening of the Secretary-General;
12.		Order of two members and two replacement members of the project support advisory board (§ 8).

(2) The Board of Trustees shall be convened by its chairman at least twice a year.

(3) The Board of Trustees may use committees to carry out individual tasks.

§ 8. (1) The Project Assistance Advisory Board shall consist of the Secretary-General (§ 10) and two other members (substitute members) with special knowledge regarding the promotion of projects as provided for in Article 2 (1) (1).

(2) The Secretary-General shall chair the Project Assistance Committee and shall convene his meetings.

(3) The members of the Advisory Board to be appointed by the Board of Trustees shall perform their function on a voluntary basis and the funds required for the performance of their function shall be replaced by the Future Fund.

§ 9. (1) The Project Assistance Advisory Board shall, in particular, be responsible for:

1.		Evaluation of applications to support projects or projects scientific work with regard to its conformity with the guidelines on the granting of benefits in accordance with § 2 (1);
2.		Submission of opinions on these applications for the Board of Trustees as well as expert advice from the Board of Trustees.

§ 10. (1) The Secretary-General shall take decisions within the framework of his authorization pursuant to § 7 Z 5, shall serve the support of the Board of Trustees in the management of the Future Fund and shall prepare the decisions and decisions of the Board of Trustees.

(2) The Secretary-General is responsible for the Board of Trustees.

(3) A Secretariat shall be available to the Secretary-General in order to conduct all business.

IV. Section: Project funding

§ 11. The Fund for the Future shall provide one-off or recurring cash benefits from the funds transferred to it in accordance with § 3 for projects which correspond to the fund's purpose in accordance with § 2 Z 1. The total annual amount of the funding is to be determined in the directives to be adopted by the Board of Trustees, but the maximum amount of EUR 2 million must not be exceeded.

§ 12. Project applications can be made by natural and legal persons from Germany and abroad.

V. Section: Takeover of tasks of the reconciliation fund

§ 13. In accordance with § 2 Z 2, the Fund for the Future takes over the task of awarding all remaining funds to the partner organisations of the reconciliation fund with due regard for the funds allocated by the reconciliation fund, at the end of the period of operation of the reconciliation fund. formulated specifications.

§ 14. If, at the end of the period of operation of the reconciliation fund, the settlement of benefits to individual applicants under the reconciliation fund law is still outstanding, the Fund for the Future shall assume this task in accordance with § 2 (2) (2) (2) (2) of this task, with due regard for the provisions of the reconciliation fund for those countries where there are no partner organisations or where processing via the existing partner organisations is no longer possible or seems appropriate.

§ 15. (1) Until 31 December 2010, the Fund for the Future shall be responsible for the treatment and provision of services in cases of inheritance and complaints, which cannot be completed during the period of operation of the reconciliation fund. After that, the remaining funds for the tasks of the Fund for the Future, which are not yet to be paid out, are to be used in accordance with Section 3 (1).

(2) Until 31 December 2007, the Fund for the Future shall provide benefits in connection with applications for former slave and forced labourers already approved by the Reconciliation Fund, but the beneficiary shall, before the end of the period of operation of the Fund, be granted the Reconciliation funds could no longer be found. Thereafter, the financial resources for the tasks of the Fund for the Future are to be used in accordance with Section 3 (1).

§ 16. The future fund for the reconciliation fund is not legally entitled to benefits.

VI. Section: Reporting and Gebarungskontrolle

§ 17. The Chairman of the Board of Trustees shall report to the Main Committee of the National Council and to the Federal Government for each financial year. The report shall be published.

§ 18. The future fund shall be subject to review by the Court of Auditors.

VII. Section: Final provisions

§ 19. The Fund for the Future must be resolved once its resources have been consumed.

§ 20. The personal expressions used in this Federal Act relate to women and men as far as this is considered in terms of content.

§ 21. This federal law shall enter into force at the end of the day of its manifestation. The operational activity of the Fund for the Future begins with the transfer of funds in accordance with § 3 para. 1 and Paragraph 2.

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

1.		with regard to Section 4 (2) of the Federal Minister of Finance,
2.		as regards Section 5 (3) and Section 6 (2) (2) (2) of the Federal Minister for Foreign Affairs,
3.		as regards Section 6 (2) (1) and (3) and Section 7 (1) Z 11 of the Federal Chancellors, and
4.		as regards the other provisions, the Federal Government.

Article II

Federal Law on the Establishment of a Scholarship Foundation of the Republic of Austria (Scholarship Foundation Act)

I. Section: Establishment and tasks of the scholarship foundation

§ 1. (1) This federal law establishes a foundation whose aim is to grant training scholarships and which bears the name "Scholarship Foundation of the Republic of Austria" (in another episode "scholarship foundation").

(2) The scholarship foundation is an institution of the Republic of Austria, is subject to Austrian law, has its own legal personality and serves exclusively for charitable purposes. It is entitled to conclude all transactions and to implement all measures which serve to fulfill the purpose of the foundation. It is based in Vienna.

(3) The scholarship foundation shall be deemed to have been established with the appointment of the first Board of Trustees.

§ 2. The task of the scholarship foundation is to grant training scholarships for all areas of education, further education and further education. In addition to the professional training, the scholarship holders are also to receive corresponding information about Austria and thus act as "ambassadors of reconciliation" in their home countries.

§ 3. Scholarships are awarded to the descendants of forced labourers and to persons from those countries that have suffered particularly under the Nazi regime, particularly under the recruitment of forced labourers.

II. Section: Funds of the scholarship foundation

§ 4. (1) In order to carry out its tasks in accordance with § 2, the scholarship foundation shall receive the appropriate funds from the reconciliation fund as endowment capital with the end of the functional period of the reconciliation fund in accordance with the decisions of the Board of Trustees of the Reconciliation Fund. The endowment capital shall be invested in a profitable manner.

(2) The proceeds from the foundation capital shall be awarded to the beneficiaries in accordance with § 3 as a grant.

(3) The scholarship foundation may also receive other grants. These funds can be distributed to the beneficiaries in addition to the performance of the endowment capital.

III. Section: Institutions of the Scholarship Foundation

§ 5. The institutions of the Scholarship Foundation are the Board of Trustees (§ 6) and the Board of Trustees (§ 9).

§ 6. (1) The Board of Trustees consists of 3 members.

(2) The Board of Trustees shall be appointed by the Federal Minister for Education, Science and Culture after hearing the Board of Trustees. Section 9 (2), (3), (2) and (3), (4) and (5) shall apply mutaly.

§ 7. (1) The Board of Trustees has to manage the scholarship foundation, to represent it externally and to ensure the fulfilment of the foundation's purpose in accordance with the decisions of the Board of Trustees pursuant to § 11. The Board of Trustees has to carry out its duties with the care of a regular business manager. The administration of the Foundation shall be carried out in accordance with the principles of economy, economic efficiency and expediency.

(2) The Board of Trustees shall act by a majority of its members.

(3) The Board of Trustees has to adopt a point of order to be approved by the Board of Trustees and to be placed on the premises of the Foundation for public inspection.

(4) The Board of Trustees shall report to the Board of Trustees in writing once a year by 30 June of the following year on the use of funds corresponding to the Foundation's purpose in the past financial year.

§ 8. (1) The members of the Board of Trustees shall subscribe in such a way that they attach their signature to the name of the Foundation.

(2) Each of the two members of the Foundation's Board of Trustees has the power to submit declarations of intent and to subscribe to the Foundation's foundation. If a declaration of intent is to be handed over to the Foundation, the charge shall be sufficient to a member of the Board of Trustees. The Rules of Procedure shall govern who, in the case of the absence of a Board of Trustees, represents the latter.

§ 9. (1) The Board of Trustees consists of six members. As a member for a period of five years, you can order:

1.		one member by the Federal Chancellor,
2.		one member by the Federal Minister for Foreign Affairs,
3.		one member by the Federal Minister of Transport, Innovation and Technology,
4.		one member by the Federal Minister for Social Security, Generations and Consumer Protection,
5.		two members by the Federal Minister for Education, Science and Culture.

(2) Members of the Management Board of funding bodies which receive funding from the Scholarship Foundation may not be members of the Board of Trustees.

(3) The function of a member of the Board of Trustees ends

1.		at the end of the operating period; the reappointment shall be admissible;
2.		by rejecting the function, or
3.		by the convocation referred to in paragraph 5.

(4) In the event of termination in accordance with Section 3 (2) or (3), a new member shall be ordered immediately by the respective appointing person for the duration of the remaining period of operation of the member who has been expleted.

(5) The persons entitled to the order referred to in paragraph 1 shall be appointed by members of the Board of Trustees appointed by them if:

1.		a condition for placing an order,
2.		It subsequently emerged that an order requirement was not met,
3.		permanent inability to perform the function occurs, or
4.		gross breach of duty.

§ 10. (1) A member of the Board of Trustees, appointed by the Federal Minister for Education, Science and Culture and appointed by the Federal Minister for Education, Science and Culture, will chair the Board of Trustees.

(2) The Chairman of the Board of Trustees, in the case of his prevention, shall have a meeting of the Board of Trustees at least once in each calendar quarter and on an important occasion, stating the agenda. . The meeting shall take place within two weeks of the convening.

(3) Each member of the Board of Trustees and the Board of Trustees may, for important reasons, require the immediate convening of a meeting of the Board of Trustees.

(4) The Chairperson shall prepare the decisions of the Board of Trustees in accordance with § 11, with the involvement of the other members of the Board of Trustees. The first meeting of the Board of Trustees is to be convened by the member of the Board of Trustees appointed by the Federal Minister for Education, Science and Culture in accordance with Section 1 of the Board of Trustees.

(5) The Board of Trustees shall have a quorum if at least three members entitled to vote, including the Chairperson or his deputy, are present. A member of the Board of Trustees may be represented by another member. Decisions of the Board of Trustees require a majority of the votes cast. Abstention is not allowed. In the event of a tie, the Chairman's vote shall indicate the rash.

(6) circulation decisions shall only be permitted in justified exceptional cases and if no member of the Board of Trustees contradicts them. Paragraph 5 shall apply mutatily. Circulatory decisions are to be held in writing by the Chairman (Deputy), and the outcome of the decision-making shall be reported in the next meeting of the Board of Trustees.

(7) The meetings of the Board of Trustees shall be accompanied by a protocol to be transmitted to the members of the Board of Trustees and to the persons referred to in § 9 (1). The Protocol is to be signed by the Presidency.

(8) The Board of Trustees shall have a point of order.

§ 11. (1) The Board of Trustees has

1.		on the use of the funding from the Scholarship Foundation,
2.		to review the implementation of the decisions; and
3.		to monitor the activities of the Board of Trustees. Section 95 (2) and (3) of the German Stock Corporation Act 1965, BGBl. N ° 98/1965, as last amended by the Federal Law BGBl. I No 161/2004, it is appropriate to apply it.

(2) The approval of the Board of Trustees must be approved

1.		the annual accounts to be established by the Board of Trustees,
2.		the Rules of Procedure of the Board of Trustees pursuant to Section 7 (3), and the amendment thereof,
3.		Definition of general principles for the assessment of the assets of the Foundation and of the inflows of the Foundation pursuant to § 4 (3),
4.		the acquisition, sale and loading of real estate,
5.		the inclusion of borrowings, loans and loans, which exceed a sum of EUR 20 000 in detail or a total of EUR 50 000 in a financial year; and
6.		Investments, in so far as they exceed a sum of EUR 10,000.

(3) The decision of the Board of Trustees is reserved

1.		the appointment of the pen auditor in accordance with § 16 (2),
2.		the use of the funds referred to in § 3, and
3.		the discharge of the members of the Board of Trustees in connection with the approval of the annual financial statements in accordance with § 16 (4).

§ 12. (1) The activities of the members of the Board of Trustees shall be replaced by volunteers who shall be replaced by the necessary equipment for the performance of the function.

(2) Each member of the Board of Trustees and the Board of Trustees shall be liable to the Scholarship Foundation for the damage caused by the culpable breach of duty.

§ 13. The staff required to administer the scholarship foundation is to be provided by the Federal Ministry of Education, Science and Culture. The administrative costs are to be covered by the proceeds of the scholarship foundation.

§ 14. The members of the Board of Trustees and the Board of Trustees as well as all persons otherwise active for the fellowship foundation shall be subject to secrecy concerning all confidential facts which have become known to them exclusively from their activities or function. to the extent that it is not possible to provide information on these facts on the basis of disclosure requirements under a federal law. This obligation of confidentiality also persists after leaving organ functions as well as after completing the other activities for the scholarship foundation.

IV. Section: Reporting and Gebarungskontrolle

§ 15. The Board of Trustees has to set up an internal audit. In doing so, he can use the internal audit of the Federal Ministry of Education, Science and Culture.

§ 16. (1) The Board of Trustees shall draw up, for the past financial year, the annual accounts in the form of the annual balance sheet and the profit and loss account together with the notes and a management report, having regard to the time limits set out in paragraph 3. In addition, the provisions of the third book of the Commercial Code, dRGBl. S 219/1897, to the annual accounts, unless otherwise provided in this Federal Act. The management report shall also be based on the fulfilment of the purpose of the Foundation's foundation.

(2) The annual financial statements and the annual report shall be considered by an auditor or an accounting firm as the pen auditor. The Board of Trustees must be appointed by the Board of Trustees. § 273 HGB is to be applied.

(3) The audited annual financial statements together with the management report shall be submitted by the Board of Trustees to the Board of Trustees for approval within five months of the end of the previous financial year. The decision of the Board of Trustees on the approval of the annual financial statements together with the management report must be carried out in time for the Board of Trustees to take the annual accounts together with the annual report of the Federal Minister for Education, Science and Culture. within six months of the end of the preceding financial year.

(4) The Board of Trustees has to relieve the members of the Board of Trustees if the annual accounts and the management report have been approved, the management of the Board of Trustees has been duly carried out in the past financial year and the discharge is not given in the gross breach of duty lapsed.

(5) The financial year of the scholarship foundation shall be the calendar year. The first financial year of the Scholarship Foundation starts with the establishment of the scholarship foundation and ends on 31 December of the same year.

(6) The Board of Trustees shall publish the annual financial statements and the annual report approved by the Board of Trustees approved by the Board of Trustees on the Internet and have a notice notice stating the internet address of the Scholarship Foundation in the Official Journal. Newspaper or any other information sheet available throughout the Federal Republic of Germany. The annual accounts and the annual report shall be kept ready for inspection on the Internet until the publication of the next annual financial statements.

(7) The Chairman of the Board of Trustees shall report to the Main Committee of the National Council for each financial year a report containing, in any event, the annual accounts and the management report referred to in paragraph 6.

V. Section: Final provisions

§ 17. The Scholarship Foundation is exempt from all fees and charges regulated by German law. This also applies to the application to the scholarship foundation. In addition, the scholarship foundation is subject to tax law as a public foundation.

§ 18. The scholarship foundation can only be dissolved by federal law.

§ 19. The personal expressions used in this Federal Act relate to women and men as far as this is considered in terms of content.

§ 20. This federal law shall enter into force with the customer. The operative activity of the Scholarship Foundation starts with the transfer of funds according to § 4 para. 1.

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

1.		the Federal Minister for Education, Science and Culture,
2.		as regards the provision of Section 9 (1) (1) of the Federal Chancellors,
3.		as regards the provision of Section 9 (1) (2), the Federal Minister for Foreign Affairs,
4.		with regard to the provision of Section 9 (1) (3) of the Federal Minister for Transport, Innovation and Technology,
5.		the Federal Minister for Social Security, Generations and Consumer Protection, as regards the provision of Section 9 (1) (4) of the German Federal Republic of Germany (Z),
6.		with regard to the provision of Section 17 of the Federal Minister of Finance.

Fischer

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