92. Federal Law, which enacted the Federal Act on the Establishment of a Strategic Property for Value, Consultation and Development Company with Limited Liability (SIVBEG-Erdirectional Act-SIVBEG-EG) as well as the Federal Ministries Act (Bundesministeriengesetz). 1986 amended

The National Council has decided:

Article 1

Federal law on the establishment of a strategic real estate property, consulting and development company with limited liability (SIVBEG-Erdirectional Law-SIVBEG-EG)

Erection

§ 1. (1) The Federal Minister for National Defence is authorized, in agreement with the Federal Minister of Finance, to have a limited liability company with the company's words, SIVBEG-Strategic Real Estate for the valuation, consulting and Development company m. b. H. ", hereinafter referred to as the Company, with a share capital of EUR 35 000. The seat of the company is Vienna. The shares of the company are owned by the Federal Government at 100 vH. The Federal Minister of National Defense is responsible for exercising the rights of the Federal Government. § 2 para. 1 of the GmbH-Gesetz (GmbHG), RGBl. No 58/1906, does not apply to the emergence of society.

(2) As far as this is necessary for the operation and an adequate capital endowment of the company, the Federal Minister for National Defense is also authorized to act as a factual inlay Other accessories and to bring the existing claims and liabilities into the company.

(3) The Federal Minister for National Defence is authorized, in agreement with the Federal Minister of Finance, to transfer business shares to the proportional nomination to companies whose shares are in turn owned by the Federal Government at 100 vH. In any case, the federal government has to hold the majority of the shares in society. The transfer agreement shall ensure that the shares fall back to the Federal Government if the participating company is no more than 100 vH in the federal property.

(4) The Company shall be entitled to establish subsidiaries and sell their shares for the performance of their duties.

(5) Unless otherwise provided in this Federal Act, the provisions of the GmbH Act shall apply to this company.

(6) The company is entitled to add the federal coat of arms to its company or the abbreviation of its company.

Business object

§ 2. (1) In the declaration of establishment, the following tasks shall be provided in respect of the company's object:

1.		Utilization of property owned by the federal government and in the administration of the Federal Ministry of National Defense on behalf of the Federal Minister for National Defence in the name and on behalf of the Federal Government for economic and economic reasons market-oriented principles,
2.		Assignment of third parties with the preparation of expert opinions and studies, such as feasibility studies and exploitation studies for changes in land use and spatial planning measures such as land-use planning or construction work,
3.		Public relations in relation to location communities and regions, in particular project plans and possibilities for conversion,
4.		Reimbursement of regular reports on the continuation of business activities in the context of quarterly reports on the basis of the guidelines of the Federal Government's participation and financial control to the Federal Minister for National Defence and the Federal Minister for Economic Affairs Finance and
5.		Implementation of other ancillary and ancillary transactions relating to the subject matter of the company in its own name, but excluding all business transactions subject to the provisions of the Banking Act.

(2) The Company may by order of the Federal Minister for National Defence within the framework of the empowerment granted to the Federal Minister of Finance in the annual Federal Finance Act, property of the Federal Government, which is in the land register as in the administration The Republic of Austria, the Army Administration, is referred to and for which a declaration by the Federal Minister for National Defence within the meaning of Section 64 (2a) of the Federal Budget Act (BHG), Federal Law Gazette (BGBl). No 213/1986, on behalf of and on behalf of the Federal Government. The company shall ensure that records are kept for the transactions carried out and that a separate account shall be set up for the purpose of financial management, to which the proceeds from the revaluations of the property are to be paid. and to be charged with the fees of the company and any other expenses incurred in connection with the company's expenses.

(3) The Company has to administer the amounts received on the account in accordance with paragraph 2 of the Federal Republic of Germany in a truthful way for the Federal Government and to forward it to the Federal Government without delay, with the deduction of its fee and expenses to be borne by the Federal Government.

(4) The Company shall report on the property transactions to the Federal Minister of Finance and the Federal Minister for National Defence (Federal Minister for Defence) every six months (in the calendar year).

(5) In the same way, the company is authorized for the properties referred to in paragraph 2 to take other orders within the meaning of § 64 BHG in the name and on behalf of the federal government.

(6) In the case of legal transactions pursuant to paragraphs 2 and 5 and in the case of the establishment of subsidiaries and the sale of shares of the same, the member of the Supervisory Board nominated by the Federal Minister of Finance shall have a right of veto, which shall be applicable to all It is binding on social bodies. In this connection, this member is bound by the instructions of the Federal Minister of Finance.

(7) The company shall be entitled to act for third parties in a subordinate extent. However, this does not adversely affect the performance of the tasks for the Confederation.

(8) The corporate purpose of the company, as well as its task performance and objective, is terminated as of the date, since the last of the property, which has become redundant in the course of the ÖBH reform in 2010, has been transferred to a recovery.

Determination of charges

§ 3. The company is in accordance with the Federal Republic of Germany for the acceptance of recovery orders. § 2 if it is economically justifiable for them. For this purpose, it has to agree on a market-based, success-oriented pay with the federal government.

Management

§ 4. (1) The Federal Minister for National Defence is authorized to appoint one or two interim managing directors for the period of the first financial year.

(2) From the second financial year, the Company's declaration of establishment must provide that the Managing Director or Managing Directors shall be or are to be appointed by the Federal Minister for National Defence in accordance with Section 15 (3) of the GmbHG.

Supervision

§ 5. (1) Without prejudice to the rights of the General Assembly and the Supervisory Board in accordance with GmbHG, the activities of the Company shall be subject to the supervision of the Federal Minister for National Defense.

(2) The Federal Minister for National Defence may, in fulfilment of his supervisory law, be the managing director or the managing directors of the company in particular for the properties of the federal government which are in the land register as in the administration of the republic. Austria, the administration of the army, hereinafter referred to as "standing orders", shall issue general instructions or instructions in individual cases. The right of veto of the member of the Supervisory Board nominated by the Federal Minister of Finance remains unaffected by this.

(3) The Federal Minister for National Defence shall provide the Management Board with all information necessary for the performance of his/her duties and shall forward the relevant documents to the Office.

Supervisory Board

§ 6. (1) The Declaration of Era has a Supervisory Board composed of at least four capital representatives, of which

1.		at least two members of the Federal Minister for National Defense
2.		a member of the Federal Minister for Finance
to be nominated.

(2) The Chairman of the Supervisory Board has to come from the circle of the members nominated by the Federal Ministry of Defense. In the event of a tie, this person shall have a right of dirimonation.

(3) The members of the Supervisory Board nominated by the Federal Minister of Finance and the Federal Minister for National Defence shall be obliged to provide comprehensive information to the sending of the Federal Ministers.

Guidelines for corporate management and accounting

§ 7. (1) The company shall be led in accordance with commercial principles.

(2) The management has to ensure the establishment of a planning and reporting system, which is the fulfilment of the reporting requirements by the company management in accordance with the statutory regulations and the requirements of the Federal Minister for National Defense guarantees.

(3) The Management Board shall submit the annual work programme and the annual budget for the approval of the Supervisory Board annually for the next calendar year.

(4) The audited financial statements and the audit report on the annual accounts with the notes and the management report are to be submitted to the Federal Minister of Finance and the Federal Minister for National Defence within six months of the end of the financial year. ,

Federal staff

§ 8. (1) Officials and contract staff of the department of the Federal Government may apply for an activity with the Company. The personnel selection is the responsibility of the management.

(2) A member of the group of persons referred to in paragraph 1, who is seeking the conclusion of a service contract with the company, has, at its conclusion, a karate holiday pursuant to Section 75 (1) of the Civil Service Law 1979 (BDG 1979), BGBl. No. 333, or § 29b (1) of the Contract Law Act 1948 (VBG), Federal Law Gazette (BGBl). No 86/1948, with the competent service authority or staff body.

(3) The competent service authority or personnel office shall have a leave of grace pursuant to § 75 (1) BDG 1979, or § 29b (1) VBG. § 38a BDG 1979 is to be applied analogously.

(4) In addition to the cases of termination referred to in Section 75 (3) BDG 1979, a leave of grace shall end for the purpose of taking up an activity in the company with the termination of this activity.

(5) In accordance with § 75 (1) BDG 1979, or § 29b (1) VBG, members of the group of persons referred to in paragraph 1 are to be counted on the total service life of the company for the period of total rest.

(6) § 75b (1) BDG 1979 shall apply to the Karenzholidays of members of the persons referred to in paragraph 1 above. In addition, there are no special rights.

(7) § 75a (2) (2) (2) (2) (2 lit.) is to take account of the duration of the period of the Karenzurlaubes for time-dependent rights of the persons referred to in paragraph 1 above. e BDG 1979 analogue to be applied.

(8) Employees as referred to in paragraph 1 shall be treated as if they were federal staff with regard to the use of natural housing. As a result, no existing relationship will be established on the flat and the provisions of § 80 BDG 1979 and § § 24a to 24c of the salary law 1956 will continue to be applied in accordance with the provisions of the law. The rights of the service provider within the meaning of § 80 BDG 1979 are taken by the Federal Minister from whose area the staff member has been cared for.

Legal representation

§ 9. The company can rely on the financial procuration according to the Procuration Act, StGBl. No 172/1945, to have legal advice and representation for remuneration.

Equal treatment

§ 10. The Federal Employment Equality Act (B-GlBG), BGBl, is aimed at the employees of the company as well as the applicants for inclusion in a working relationship with the company. No 100/1993, with the exception of the fourth, fifth and sixth sections of the third part and section 41 and § 50, subject to the proviso that the company shall be regarded as a service and as a central office.

References

§ 11. Insofar as provisions of other federal laws are referred to in this Federal Act, these laws, unless expressly stated otherwise, are to be understood in their respectively valid versions.

Linguistic equality

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

Enforcement

§ 13. With the enforcement of this federal law, the Federal Minister for National Defence is entrusted with the task of the Federal Minister of Finance in respect of Section 6 (1) (2) of the Federal Republic of Germany.

Appointment of management

§ 14. The Job Occupation Law, BGBl. I n ° 26/1998, it is not applicable to the order in accordance with § 4 (1).

Freedom of duty

§ 15. The foundation operations according to § 1 are exempt from the payment of federal taxes.

In-force pedals

§ 16. This federal law will enter into force on 1 August 2005.

Article 2

Amendment of the Federal Ministries Act 1986

The Federal Ministries Act 1986, BGBl. N ° 76, as last amended by the Federal Law BGBl. I n ° 151/2004, shall be amended as follows:

1. Section H of Part 2 of the Appendix to § 2 shall be supplemented as follows:

" Affairs of the administration of the federal shareholdings in SIVBEG-Strategic Real Estate for Value, Consultancy and Development Company m. b. H., as long as the Federation is a shareholder, as well as the oversight of this company. "

Section 17b (17) reads as follows:

" (17) Section H of Part 2 of the Appendix to § 2 in the version BGBl. I n ° 92/2005 will enter into force on 1 August 2005. "

Fischer

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