161. Federal Law, with which the Commercial Code, the Banking Act, the Insurance Supervision Act, the Securities Supervision Act, the Pensionskassengesetz (Pensionskassengesetz, Pensionskassengesetz), the Operating Labor Pension Act and the National Bank Act 1984 to the IAS Regulation and the Modernization and Threshold Directive, and the Company Book Act, the Stock Corporation Act and the GmbH Act are amended (Accounting Amendment Act 2004-Reeper 2004)

The National Council has decided:

Article I

Amendment to the Commercial Code

The Handelsgesetzbuch, DRGBl. 1897 S 219, as last amended by the Federal Law BGBl. I n ° 14/2004, shall be amended as follows:

1. § 27 sec. 2 HGB reads:

" (2) The unlimited liability does not occur if the continuation of the company is terminated within three months after the reply or the liability is excluded in the appropriate application of Section 25 (2). If the heir is not legally entitled and is not appointed by a legal representative, this period shall not expire before the expiry of three months since the appointment of a legal representative or from the entry of the unrestricted Ability of the heir to act. "

(1a) § 221 shall be amended as follows:

(a) In paragraph 1 (1), the amount shall be "3,125" by the amount "3.65" and in Z 2 the amount "6,250" by the amount "7,3" replaced.

(b) In paragraph 2 (1), the amount shall be "12,5" by the amount "14,6" and in Z 2 the amount "25" by the amount "29.2" replaced.

(c) paragraph 3 reads:

" (3) Large corporations are those which exceed at least two of the three characteristics referred to in paragraph 2. A capital company shall always be deemed to be large when shares or other securities issued by it are held on a regulated market within the meaning of Section 2 (37) of the BWG or in a recognised securities market which is open to the public and is open to the public have been admitted to trading in a full member state of the OECD. "

(d) (7) reads:

"(7) The Federal Minister for Justice is authorized to set other figures in the implementation of European Union legislation by means of a regulation instead of the characteristics set out in paragraphs 1 and 2."

2. In § 228 (3), last sentence, the expression "§ § 248 or 249" by the expression "§ 249" replaced.

3. § 231 (2) Z 6 lit. c is:

" (c)			Expenses for the delivery of goods and services to employee pension funds, "

4. In § 237 Z 12, the point is replaced by a stroke point. The following Z 13 shall be added:

" 13.		Article 231 (2) (6) (6) (2). c included expenses for removals or an indication that the item is only more out of service to company employee pension funds. "

§ 243 reads:

" § 243. (1) In the annual report, the course of the business, including the results of the business, and the position of the company shall be presented in such a way as to give as true a picture as possible of the assets, financial position and profit situation, and the significant risks and uncertainties to which the company is exposed.

(2) The management report shall contain a balanced and comprehensive analysis of the business process, including the results of the business, which is appropriate to the extent and complexity of the business, and shall include the location of the undertaking. Depending on the size of the enterprise and the complexity of the business operations, the analysis shall be based on the financial performance indicators that are most important for the business in question and shall, by reference to the financial performance indicators referred to in Annual accounts shall explain the amounts and details shown.

(3) The situation report shall also be based on:

1.		Operations of particular importance which have occurred after the end of the financial year;
2.		the expected development of the company;
3.		the Research and Development area;
4.		existing branches of the company;
5.		the use of financial instruments, provided that this is relevant for the assessment of the assets, financial position and profit situation,
a)			risk management objectives and methods, including methods of hedging all relevant types of planned transactions, which are applied in the context of accounting for hedging operations; and
b)			existing price-change, outage, liquidity and cash flow risks.

(4) Small companies with limited liability (Section 221 (1)) do not need to draw up the management report.

(5) For large capital companies, the analysis referred to in paragraph 2 of the last sentence also includes the main non-financial performance indicators, including information on environmental and employee concerns. Paragraph 3 shall remain unaffected. "

(6) The following paragraph 5 is added to § 245:

" (5) The exemption provided for in paragraph 1 shall not be used where shares or other securities issued by the subsidiary to be exempted are subject to a regulated market within the meaning of Article 2 (2) (37) of the Federal Elections Act (BWG) or to a recognised market, for which the shares are subject to the Open, properly functioning securities markets in a full member state of the OECD are admitted to trading. "

§ 245a reads as follows:

" Consolidated financial statements in accordance with internationally recognized accounting standards

Section 245a. (1) A parent undertaking, pursuant to Article 4 of Regulation (EC) No 1606/2002, on the application of international accounting standards, OJ L 357, 31.12.2002, p. No. 1., which is obliged to draw up the consolidated financial statements in accordance with the international accounting standards adopted pursuant to Article 3 of the Regulation, has the following § § 193 (4), second half-sentence, and 194 as well as of the § § 247 (3), 265 (2) to (4), 266 Z 4, 5 and 7 and 267 apply to the provisions of the second to ninth title.

(2) A parent company which does not fall within the terms of Section 1 may establish the consolidated financial statements in accordance with the accounting rules set out in paragraph 1.

3. A parent undertaking which establishes a consolidated financial statements in accordance with the accounting standards referred to in paragraph 1 shall expressly point out in the event of disclosure that it is one of those referred to in paragraph 1 of this Article. Accounting standards are consolidated financial statements and group management report. "

8. § 246 is amended as follows:

(a) in paragraph 1 Z 1 lit. (a) the amount "15" by the amount "17,52" and in lit. (b) the amount "30" by the amount "35,04" replaced.

(b) in paragraph 1 Z 2 lit. (a) the amount "12,5" by the amount "14,6" and in lit. (b) the amount "25" by the amount "29.2" replaced.

(c) paragraph 3 reads:

" (3) (1) shall not apply if shares or other securities issued by the parent undertaking or by a subsidiary incorporated in the consolidated financial statements of the parent undertaking on a regulated market in the sense of § 2 Z 37 BWG or a recognised, properly functioning securities market open to the public in a full member state of the OECD are admitted to trading. "

9. In § 247 (1) and Section 265 (2) (1), the expression "in accordance with § § 248 et seq." by the expression "pursuant to § 249" replaced.

10. § 248.

Section 250 (1) reads as follows:

" (1) The consolidated financial statements consist of the consolidated balance sheet, the consolidated profit and loss account, the consolidated financial statements, the group's cash flow statement and a presentation of the components of the equity capital and their development. It can be extended to include segment reporting. "

12. § 260 (3).

13. § 267 reads:

" § 267. (1) In the group management report, the course of the business, including the results of the business, and the position of the Group are to be presented in such a way as to give as true a picture as possible of the assets, financial position and earnings situation, and the essential elements of the Group management report. To describe the risks and uncertainties to which the Group is exposed.

(2) The Group Management Report shall contain a balanced and comprehensive analysis of the business process, including the results of the business, which is appropriate to the extent and complexity of the business activities, including the position of the Group. Depending on the size of the Group and on the complexity of the business operations of the enterprises involved, the analysis shall be based on the financial and non-financial performance indicators, which are the main financial and non-financial performance indicators for each business activity. , including information on environmental and workers ' concerns, and to explain them by reference to the amounts and information shown in the consolidated financial statements.

(3) The group management report shall also respond to

1.		Operations of particular importance which have occurred after the end of the Group's financial year;
2.		the expected development of the Group;
3.		the research and development area of the Group;
4.		the use of financial instruments, provided that this is relevant for the assessment of the assets, financial position and profit situation,
a)			risk management objectives and methods, including methods of hedging all relevant types of planned transactions, which are applied in the context of accounting for hedging operations; and
b)			existing price-change, outage, liquidity and cash flow risks.

(4) § 251 (3) on the summary of the Group annex and appendix shall be applied accordingly. "

14. § 274 reads:

" § 274. (1) The auditor shall sum up the result of his audit in a confirmation note on the annual financial statements or consolidated financial statements. The audit opinion shall include:

1.		an introduction which at least indicates which annual financial statements or consolidated financial statements are the subject of the statutory audit and according to which accounting principles it has been drawn up,
2.		a description of the nature and extent of the statutory audit, which at least contains information on the audit principles after which the audit has been carried out, and
3.		an examination judgment which shall give no doubt whether:
a)			an unqualified opinion shall be issued,
b)			given a restricted audit opinion,
c)			the endorsement shall be denied on grounds of objections, or
d)			The audit opinion is therefore not confirmed because the auditor is not in a position to issue an opinion.

(2) In an unqualified opinion (par. 1 Z 3 lit. (a) the auditor has to declare that the audit carried out by him in accordance with Section 269 did not lead to any objections and that the audited annual or consolidated financial statements as a result of the findings of the auditor obtained during the audit complies with the statutory provisions and, in accordance with the principles of regular accounting or other relevant accounting principles, as faithfully as possible, the financial and financial position of the undertaking or of the undertaking Group of companies. The full acknowledgement shall be supplemented in an appropriate manner if additional comments appear necessary in order to avoid a false impression on the content of the audit and the scope of the endorsement.

(3) If objections are to be levied, the auditor has to restrict his declaration pursuant to paragraph 2, first sentence (paragraph 2). 1 Z 3 lit. (b) or to refuse to confirm the opinion (par. 1 Z 3 lit. c). The refusal shall be included in a note which shall not be called a confirmation notice. The restriction or failure shall be justified. A certified statement of opinion may only be issued if the audited financial statements, having regard to the limitation of their scope, which has been carried out by the auditor and discernable in their scope, constitute an essentially true picture of the assets, financial and The earnings situation is mediated.

(4) The audit opinion shall also be refused if the auditor is not in a position to give an opinion on the facts after taking all reasonable possibilities to clarify the facts (paragraph 2). 1 Z 3 lit. d).

(5) The audit opinion shall also include a judgment as to whether the management report or the group management report is in accordance with the annual financial statements or the consolidated financial statements, in accordance with the auditor's judgment.

(6) The auditor shall sign the endorsement or the endorsement of his/her failure to indicate the place and date. The audit report or endorsement shall also be included in the audit report. "

15. The following paragraphs 11 and 12 are added to § 906:

" (11) § § 221 (1) to (3) and (7), 228 (3), 243, 245 (5), 245a, 246 (1) and (3), 247 (1), 250 (1), 265 (2) (2), (1), (267) and (274) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 161/2004 shall enter into force 1. Jänner 2005 in force. They shall apply for financial years beginning after 31 December 2004. For the entry into force of the legal consequences of § § 221 (1) and (2) and 246 (1), the amended size characteristics shall also apply to observation periods pursuant to § § 221 (4) and (246) (2), which are before this date. § § 248 and 260 (3) are subject to 1. Jänner 2005 out of force.

(12) Art. 4 of Regulation (EC) No 1606/2002 on the application of international accounting standards, OJ L 248, 16.9.2002, p. No. OJ L 243, 11.9.2002 p.1., it is necessary to apply only for financial years starting after 31 December 2006 from undertakings which only have the right to issue debt to trading on a regulated market within the meaning of Section 2 (37) of the BWG. The same applies to companies whose securities are admitted to public trading in a non-EU Member State and which, for that purpose, have been internationally recognised for a financial year that began before 11 September 2002. Apply accounting standards. In these cases, § 245a of the German Commercial Code (HGB) is in the version of the Federal Law BGBl. I n ° 49/1999 shall continue to apply. '

Article II

Amendment of the Banking Act

The Banking Act, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I n ° 70/2004, shall be amended as follows:

1. In § 43 (1) the term " "248,".

2. In § 44 (1), the term " "§ 59a para. 1" by the expression "§ 59a" replaced.

§ 59a reads:

" § 59a. A parent credit institution which establishes a consolidated financial statements in accordance with internationally recognized accounting standards pursuant to Section 245a (1) or (2) of the German Commercial Code (HGB) has to comply with the requirements of Section 245a (1) and (3) of the German Commercial Code (HGB), as well as the claims in accordance with § 64 (1) (1) to (15) and (2) in the context of the Group's annex. "

4. § 65 (1) reads:

" (1) The credit institutions shall publish the annual financial statements and the consolidated financial statements in accordance with § § 59 and 59a immediately after the determination in the Official Journal to the Wiener Zeitung or in a generally available publication sheet. The annual financial statements, the management report and the consolidated financial statements and the group management report in accordance with § § 59 and 59a shall be for everyone to consult until the end of the third calendar year following the financial year at the credit institution's registered office ready. "

5. In § 103, the following Z 28c and 28d shall be inserted:

" 28c.		§ § 43 (1), 44 (1), 59a and 65 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 161/2004 shall be applied for the first time in respect of financial years beginning after 31 December 2004.
28d.		§ 59a in the version of the Federal Law BGBl. I n ° 161/2004 must be subject to overarching credit instants, of which only debt securities are admitted to trading on a regulated market within the meaning of § 2 Z 37 BWG, or whose securities are admitted to public trading in a non-member state , and which, for that purpose, have been applying internationally recognised standards for a financial year commenced before 11 September 2002, and shall not be applied until the financial years commenced after 31 December 2006. In this case, § 59a is in the version of the Federal Law BGBl. I n ° 97/2001 shall continue to apply. '

6. The following paragraph 44 is added to § 107:

" (44) § § 43 (1), 44 (1), 59a and 65 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 161/2004 shall enter into force 1. Jänner 2005 in Kraft. "

7. Pos. II. 8. (a) et seq. of Appendix 2 to Article I (43), Part 2:

" ff)				Expenses for the delivery of goods and services to company employee pension funds "

Article III

Amendment of the Insurance Supervision Act

The Insurance Supervision Act, BGBl. No 569/1978, as last amended by the Federal Law BGBl. I n ° 70/2004, shall be amended as follows:

1. § 23 (5) reads:

" (5) The Trustee shall immediately notify the FMA of any perceptions that are likely to raise concerns about the fulfillment of the cover requirement or compliance with the provisions relating to the asset of the opacity. report. After the end of a calendar quarter, the trustee shall report to the FMA within six weeks a written report on the activity in the past quarter (quarterly report) and shall forward it to the FMA. It shall also report annually, within three months of the end of the financial year, a written report on its activity (annual report). The trustee shall also have to inform the FMA of all reports in addition to the quarterly reports to the Management Board and the Supervisory Board or to the management of a foreign branch. "

§ 80a reads:

" § 80a. (1) The consolidated financial statements shall include only undertakings which are insurance undertakings or undertakings which carry out activities in direct prolongation of insurance activities or ancillary activities to the latter. § 246 of the German Commercial Code (HGB) in the current version is not applicable.

(2) The parent undertaking of insurance undertakings shall, without prejudice to the legal form, make a commitment to draw up consolidated accounts where the sole or predominant business purpose is to acquire or to acquire holdings , provided that the undertakings subject to consolidation are exclusively or primarily insurance undertakings.

(3) The provisions of Section 263 (1) of the German Commercial Code (HGB) shall be applied to subsidiaries which are not included in the consolidated financial statements in accordance with paragraph 1 of this article. "

§ 80b reads:

" § 80b. (1) An insurance undertaking or parent undertaking of insurance undertakings which has a consolidated financial statements and group management report in accordance with internationally recognised accounting principles in accordance with Section 245a (1) or (2) of the German Commercial Code (HGB) in the respectively applicable It has to comply with the requirements of Section 245a (1) and (3) of the German Commercial Code (HGB), as well as to include the information in accordance with § 81n (1), (2) (1) to (4), Z 7 to 19 and (6) and § 81o (4a), (6) and (7) in the group annex.

(2) Without prejudice to Section 245a (3) of the German Commercial Code (HGB), as amended, it should also be expressly stated in the disclosure that it is not a consolidated financial statements established in accordance with the provisions of this Federal Act and Group management report. "

4. In § 81a (3) the expression "§ § 274 (3) and (4) first sentence" by the expression "§ § 274 (3) and (6), first sentence" replaced.

5. § 81n para. 2 Z 12 lit. b is:

" (b)		Expenses for the delivery of goods and services to employee pension funds; "

5a. § 81p (2) reads:

"(2) Section 267 (4) of the German Commercial Code (HGB), as amended, shall not be applied."

6. § 82 (7), 8, 8a and 9 reads as follows:

" (7) In the deliberations of the Supervisory Board or of the Board of Directors on the annual financial statements, the auditor has to participate as an expert information person.

(8) If the FMA considers it necessary for the examination to be supplemented, the Management Board or the Executive Directors shall, at the request of the FMA, arrange for the examination to be completed.

(8a) By way of derogation from Section 275 (2) of the German Commercial Code (HGB), the obligation to replace insurance undertakings with a total assets of up to EUR 1 billion is limited to EUR 2 million, in the case of insurance undertakings with a balance sheet total up to EUR 5 billion to 3. Millions of euros, for insurance companies with a balance sheet total of up to EUR 15 billion to EUR 4 million, and for insurance companies with a balance sheet total of more than EUR 15 billion to 6 million euros. In the event of gross negligence, the replacement obligation shall not exceed five times the above-mentioned amounts. In the case of an attachment, the replacement obligation is unlimited. The premium for the insurance contract referred to in paragraph 1 (2) is to be paid at the latest three weeks after the appointment as a statutory auditor; the auditor shall have the existence of the insurance and the payment of the premium of the FMA within four Weeks after appointment.

(9) In the event of disagreement between the statutory auditor and the Management Board or the Managing Directors, on the interpretation of the specific provisions in force in the fifth main piece for the accounts of insurance undertakings, and on the interpretation of the assessment as to whether an insurance undertaking actually exercises a dominant influence on another undertaking shall, at the request of the auditor or the executive board or the managing directors, decide on the FMA. "

Section 84 (1) first sentence reads as follows:

" The annual accounts, including the whole of the Annex and the annual report, shall have at least six months from the end of the financial year up to the end of the third calendar year following the end of the financial year at the head office of the domestic the insurance undertaking and all premises for inspection. "

8. § 84 (7) second sentence reads:

"The information is to be published in accordance with Section 245a (1) of the German Commercial Code (HGB) as amended and Section 80b (1) as well as those which correspond to those referred to in paragraph 1 above."

8a. § 86h para. 5 reads:

" (5) By way of derogation from paragraph 1, the determination of the adjusted own resources may also be carried out on the basis of a consolidated financial statements prepared in accordance with § 80b. FMA may prescribe further information on the consolidated financial statements in accordance with § 80b for the purpose of determining the adjusted own resources. "

9. § 86i (8) in the version of the Federal Law BGBl. I n ° 70/2004 is given the sales designation '(9)'.

§ 86n shall be entitled to the following heading:

"Management of insurance holding companies"

11. The following paragraphs 17, 18 and 19 are added to § 119h:

" (17) § 23 para. 5, § 80a, § 80b, § 81a (3), § 81n para. 2, § 81p (2), § 84 (1) and (7), § 86h Abs 5, § 86i Abs. 8 and § 86n in the version of the Federal Law BGBl. I n ° 161/2004 shall enter into force 1. Jänner 2005 in force. They shall apply to financial years beginning after 31 December 2004.

(18) § 82 para. 7, 8, 8a and 9 in the version of the Federal Law BGBl. I n ° 161/2004 enters into force with 8. October 2004, in force.

(19) Regulations on the basis of the provisions referred to in paragraph 17 may already be issued from the day of the presentation of the Federal Law, BGBl. I n ° 161/2004. You may not do so at the earliest with 1. January 2005 enter into force. "

14. The following paragraph 5 is added to § 129h:

" (5) § 80b in the version of the Federal Law BGBl. No 161/2004 must be granted by insurance undertakings, of which only debt to trading on a regulated market within the meaning of Article 1 (13) of Directive 93 /22/EC (OJ L 327, 30.12.1993, p. No. 27), or whose securities are admitted to public trading in a non-Member State and which, for that purpose, have been internationally recognised for a financial year commenced before 11 September 2002 Apply recognized standards only for financial years beginning after 31 December 2006. In this case, § 80b is in the version of the Federal Law BGBl. I n ° 97/2001 shall continue to apply. '

Article IV

Amendment of the Securities and Markets Act

The Securities and Markets Act, BGBl. No 753/1996, as last amended by the Federal Law BGBl. I n ° 70/2004, shall be amended as follows:

Section 23 (1) and (2) shall read:

" (1) Investment service providers shall draw up their annual accounts in accordance with the outline in Annex 2 to Section 43 of the Federal Elections Act and their consolidated financial statements in such a timely manner that the period of paragraph 2 may be complied with; Sections 43, 45 to 59a, 64 and 65 of this Act shall be complied with. Paragraphs 1 and 2 of the BWG shall apply.

(2) The annual accounts drawn up pursuant to paragraph 1 and audited in accordance with paragraph 3, the consolidated financial statements and the audit reports drawn up pursuant to paragraph 4 shall be submitted at the latest within six months of the conclusion of the financial year of the FMA. FMA may also require the submission of the data of the annual financial statements and the consolidated financial statements in accordance with § § 59 and 59a BWG also by means of electronic transmission or electronic data carriers in a standardised form. "

Article V

Amendment of the Pensionskassengesetz

The Pensionskassengesetz, BGBl. No. 281/1990, as last amended by the Federal Law BGBl. I n ° 70/2004, shall be amended as follows:

Pos. 2.a) The third indent of Appendix 1 to Article I, Section 30 Form B-Profit and loss account of the pension fund, reads:

"-			Expenses for the delivery of goods and services to company employee pension funds "

Article VI

Amendment of the Operating Staff Welfare Act

The Corporate Employee Pension Act, BGBl. No 100/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 135/2003, shall be amended as follows:

Pos. B. 2.a) Third indent of Appendix 1 to § 40 Form B-Profit and loss account of the employee pension fund, reads:

"-			Expenses for the delivery of goods and services to company employee pension funds "

Article VII

Amendment of the National Bank Act 1984

The National Bank Act, BGBl. No. 50/1984, as last amended by the Federal Law BGBl. I No 55/2002, shall be amended as follows:

1. In § 68 (3), the term " "§ 243 (1) and (2)" by the expression "§ 243 (1) to (3)" and the expression " 2 Z 2 " by the expression " 2 last sentence and para 3 Z 2 and Z 5 " replaced.

(2) The following paragraph 5 is added to Article 89:

" (5) § 68 (3) in the version of the Federal Law BGBl. I n ° 161/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article VIII

Implementation note

§ 1. By this federal law, Art. 5 lit. (b) and Art. 9 of Regulation (EC) No 1606/2002 on the application of international accounting standards ("the IASB Regulation") , Abl. No. 1., Directive 2003 /51/EC amending Directives 78 /660/EEC, 83 /349/EEC, 86 /635/EEC and 91 /674/EEC on the annual accounts and consolidated accounts of certain types of companies, banks and others Financial institutions as well as insurance undertakings ("Modernisation Directive") , OJ No. 16 of 17 July 2003, and Directive 2003 /38/EC amending Directive 78 /660/EEC on the annual accounts of certain types of companies as regards the amounts expressed in euro (the "threshold value directive") , OJ No. OJ L 120, 15.5.2003, p.

Article IX

Changes to the Company Book Act

The Company Book Act, BGBl. No. 10/1991, as last amended by the Federal Act BGBl. I No 67/2004, shall be amended as follows:

1. In accordance with § 3 Z 4, the following Z 4a is inserted:

" 4a.		the circumstance that a business address relevant to delivery unknown; "

2. In accordance with § 3 Z 14 the following Z 14a is inserted:

" 14a.		the rejection of the application for the opening of the bankruptcy in accordance with § 63 KO; "

3. § 10 is added to the following paragraph 4:

"(4) The court has to delete the registration in accordance with § 3 Z 14a on request or on its own account if it is made credible that the conditions for the rejection pursuant to § 63 KO were not given or are no longer given."

4. The following sentence shall be added to section 16 (1):

"A registration to the Company Book is usually to be submitted in writing; only under consideration of circumstances can a log-in be declared to the Protocol."

(5) The following sentence shall be added to § 18:

"§ § 8 (2) and (15) of the Non-Strike Act are not applicable."

6. § 20 (1) reads:

" (1) The decision of the Court of First Instance on the registration shall also contain the text thereof. An explanatory statement cannot be justified even if none of the persons to be agreed in accordance with § 18 have opposed the registration. The decision shall be taken immediately, unless it is expressly ordered in the decision of the enforcement only after legal force. "

7. § 21 (2) shall be replaced by the sales designation "(5)". The following paragraphs (2) to (4) shall be inserted:

" (2) For parties to which the decision on the registration is not to be granted in accordance with paragraph 1, the consequences of the notification shall enter into force with the public notice.

(3) In the event that a service is misaligned with the business address (§ 3 Z 4) which is relevant for deliveries, because there is no issuing body there and another cannot be determined, the notification to the court of law known to the court of law is first Private addresses of the businessman or of the members of the representative body of the other legal entities and of a procurator. If this is equally unsuccessful, such delivery may be effected in the same way as all other deliveries by inclusion in the edits file (in the meaning of Section 25 of the Delivery Act); this shall be indicated in the public notice. The delivery shall be deemed to have been effected if two weeks have elapsed since the entry into the Edits file. The Court of First Instance has the fact that a business address which is relevant for deliveries is not known to be entered in the company register by its own authority (Section 3 (4a) of the Code).

(4) notices referred to in paragraph 3 shall be kept for a period of one year. "

8. Before § 41, the following new heading shall be inserted instead of the previous:

"Deliveries to companies without legal representatives"

9. § 41 (1) is deleted; in the previous paragraph 2 the sales designation is deleted and in the first sentence after the turn of the turn "inclusion in the edits file" the parenthesis expression "(in the sense of Section 25 of the Delivery Act)" inserted.

10. In Art. XXIV is inserted in accordance with paragraph 1b of the following paragraph 1c:

" (1c) § 3 Z 4a and Z 14a, § 10 para. 4, § 16 para. 1, § 18, § 20 paragraph 1, § 21 para. 2 to 5 and § 41 in the version of the Federal Law BGBl. I n ° 161/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article X

Amendments to the Act on Companies with Limited Liability

The Act on Companies with Limited Liability, RGBl. No 58/1906, as last amended by the Federal Law BGBl. I n ° 98/2001, shall be amended as follows:

The following paragraph 3 is added to section 15a:

"(3) The decision on the appointment of the managing director shall be effective with the consent of the managing director and, unless otherwise stated in the decision, with delivery to the managing director."

Article XI

Changes to the Stock Corporation Act

The Stock Corporation Act 1965, BGBl. N ° 98/1965, as last amended by the Federal Law BGBl. I No 67/2004, shall be amended as follows:

The previous text of § 76 contains the sales designation "(1)" . The following paragraph 2 is added:

"(2) The decision on the appointment of the member of the Management Board shall be effective with the consent of the Management Board member and, unless otherwise stated in the decision, with service to the Management Board member."

Fischer

Bowl