Statute Of The Bundesanstalt Für Post Und Telekommunikation Deutsche Bundespost (Annex Of The Law On The Establishment Of A Federal Post And Telecommunications Deutsche Bundespost)

Original Language Title: Satzung der Bundesanstalt für Post und Telekommunikation Deutsche Bundespost (Anlage des Gesetzes über die Errichtung einer Bundesanstalt für Post und Telekommunikation Deutsche Bundespost)

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Statutes of the Bundesanstalt für Post und Telekommunikation Deutsche Bundespost (Annex to the Law on the Establishment of a Federal Office for Post and Telecommunications Deutsche Bundespost)

Non-official Table of contents

BAPostSa

Date of delivery: 14.09.1994

Full quote:

" Statute of the Federal Office of Post and Telecommunications Deutsche Bundespost (annex to the Act on the establishment of a Federal Office for Post and Telecommunications) Telecommunications Deutsche Bundespost) of 14. September 1994 (BGBl. 2325, 2331), which is Article 11 of the Law of 7. May 2002 (BGBl. I p. 1529) "

:Modified by Art. 11 G v. 7.5.2002 I 1529

For details, see the Notes

Footnote

(+ + + Text Evidence: 22.9.1994 + + +)
menu
(+ + + text of the law). See: BAPostG + + +)

I.
General Provisions

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§ 1 Name, Seat

The Institution is named "Bundesanstalt für Post und Telekommunikation Deutsche Bundespost" (Federal Office for Post and Telecommunications). It has its headquarters in Bonn. Non-official table of contents

§ 2 Subject matter

(1) The exclusive and immediate task of the institution is to provide the Federal Republic of Germany with the following: to exercise the rights and obligations arising from the Bundesanstalt Post-Gesetz vis-à-vis the joint stock companies resulting from the subsonic assets of the Deutsche Bundespost (German Federal Post). The institution shall administer the federal holdings in these public limited liability companies and shall also carry out the tasks referred to in section VII in respect of the undertakings. (2) The institution shall be entitled to carry out all the transactions necessary for the performance of the tasks assigned to it.(3) The institution does not participate in the operating business of the stock companies. The establishment of control contracts with the public limited liability companies is prohibited. Unofficial Table Of Contents

§ 3 Legal Form

The Institution is a legal institution of public law. As such, it can participate in legal transactions in its own name, act, complain and be sued. Actions between the Federal Government and the Anstalt with regard to technical supervisory measures are excluded. Non-official table of contents

§ 4 Supervision

(1) The institution is the legal and professional supervisor of the Federal Republic of Germany as an institution of the right to be . The supervisory authority is the Federal Ministry of Post and Telecommunications.(2) The economic management of the institution shall be subject to the examination by the Federal Court of Auditors. Non-official table of contents

§ 5 institutions

(1) Institution's organs are:
1.
the board;
2.
the The Board of Directors.
(2) The institutions shall have the tasks and powers conferred upon them by the Federal Office of the Post-Law and this Statute. Non-official table of contents

§ 6 Representation

(1) The institution shall be judicial and out-of-court in accordance with the other provisions of the statutes. their institutions.(2) Declarations shall be binding on the institution if they are submitted jointly by two members of the competent body or by an organ member jointly with a representative authorised by the competent institution.(3) If a declaration is to be submitted to an institution of the institution, the levy shall be sufficient to a member of that institution.

II.
Board of Directors

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§ 7 Composition

(1) The board of directors is composed of one chairman and one other member.(2) In addition to their duties, the members of the Management Board may not exercise any other spilled office, business or profession and neither the management of an acquisition-oriented undertaking nor a government or a legislative body of the Federation. or a country. They are not allowed to issue out-of-court opinions for consideration. The consent of the Federal Minister of Post and Telecommunications is required for the membership of a Supervisory Board or the Board of Directors of a company that is directed at the acquisition; the Federal Minister for Post and Telecommunications decides to what extent compensation is to be deducted. Membership of the Management Board of one of the three public limited companies is excluded. Non-official table of contents

§ 8 Order and convocation

(1) The Chairman and the other member of the Executive Board shall be appointed by the Federal Minister for Post and telecommunications in consultation with the Board of Directors and in agreement with the Federal Minister of Finance appointed and dismissed.(2) Order and dismissal shall be effective upon handing out the relevant certificate, unless a later date is determined in the document.(3) A dismise can only be done on an important basis. Non-official table of contents

§ 9 employment relationship

(1) The members of the Executive Board are in a public-service relationship with the federal government.(2) Membership of the Board of Management is usually limited to five years; renewal is permitted.(3) The legal relationships of the members, in particular salaries, pensions, survivors ' remuneration and liability, shall be governed by employment contracts concluded by the Federal Minister of Postal and Telecommunications in agreement with the Federal Minister of the Finances with the members. Non-official table of contents

§ 10 Rules of Procedure

(1) The Management Board shall adopt its rules of procedure.(2) The Management Board shall adopt a General Rules of Procedure for the Anstalt after taking a decision by the Administrative Board. Non-official table of contents

§ 11 tasks

(1) The task of the Executive Board is to conduct the business of the institution. The management is governed by the provisions of the Federal Office of the Post-Law, the other provisions of this Statute, the General Rules of Procedure for the Anstalt and the Rules of Procedure of the Executive Board.(2) The Board of Management shall represent the institution in court and out of court. The power of representation in the individual tasks is governed by the rules of procedure of the Executive Board.(3) The members of the Management Board shall be jointly responsible for the proper implementation of the tasks assigned to the Management Board and for the implementation of the decisions of the Management Board. You have the business to perform with the care of a prudent and conscientious businessman.(4) A Member shall, in particular, carry out the tasks of the institution referred to in Section VI and the other Member shall carry out the tasks of the institution referred to in Section VII.(5) The Management Board shall also be responsible for the management of the institution. In particular, it is responsible for:
1.
setting up the economic plan,
2.
the lineup of annual accounts and management report,
3.
the creation of the Business Report,
4.
The conclusion of collective agreements for employees of the institution.
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§ 12 obligations

(1) The Management Board is subject to the Supervisory Authority and the Board of Directors. It shall report its reports at regular intervals, at least quarterly. In addition, the Supervisory Authority and the Chairman of the Management Board shall be reported on other important grounds.(2) The Management Board shall be subject to the Board of Directors in accordance with the provisions of Section 22 (2) of the Management Board in all matters of the Management Board.(3) The Board of Management shall submit to the Management Board the transactions underlying its decision-making. The templates shall be forwarded to the Administrative Board in sufficient quantities not later than two weeks before the date of the meeting.(4) The Executive Board shall immediately have
1.
of the Supervisory Authority
a)
Approve decision templates to the Board of Directors,
b)
Managing Board decisions
2.
The Board of Directors ' decisions on the decisions Supervisory authority.
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§ 13 decision-making

The board of directors is to take decisions by consensus. If a match is not reached, the chairman's vote shall indicate the rash. In matters relating to only one area of the Management Board, the vote of the responsible member of the Management Board shall be given by the vote. Non-official table of contents

§ 14 Business procestation by third parties

(1) The Management Board is in principle itself responsible for its business.(2) By way of derogation from paragraph 1, the business procure required by the introduction of public limited liability companies on the capital market may be transferred to third parties in the contract. The Management Board has previously received the approval of the Supervisory Authority.

III.
Board of Directors

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§ 15 Composition

(1) The Board of Directors is composed of 10 members. It belongs to:
1.
a Chairman;
2.
a representative of the Federal Ministry of Finance;
3.
a representative of the Federal Ministry of Finance Interior;
4.
a representative of the Federal Ministry of Economics and Technology;
5.
a representative of the public limited liability companies;
6.
a representative of the staff of the public limited liability companies.
(2) The Chairman of the Management Board shall be represented by the Supervisory authority. The other members are appointed by the sending organisations or representations of interests.(3) The members of the Management Board shall provide assurance that they are able to carry out their duties in a knowledgeable way. Non-official table of contents

§ 16 Order and convocation

(1) The members of the Management Board are appointed by the Supervisory Authority and Depart. They will be appointed for five years. Reorder is allowed.(2) The members of the Management Board may waive their membership by written declaration to the Supervisory Authority.(3) Membership shall lapse if the Supervisory Authority finds, after notification by the Benennungsauthorised, that the conditions of the order are not fulfilled.(4) Membership shall cease if a Member loses the ability to hold public office or to obtain rights from the public elections. It shall also ensure that, after consulting the Management Board, the Supervisory Authority finds that a Member is given an important reason for his/her person who justifies the departure. As such, there is in particular a reason that would entitle officials to the prohibition of the management of the services (Section 60 of the Federal Civil Service Act) or to the provisional service removal (Section 91 of the Federal disciplinary code), or a violation of the Obligation of confidentiality in accordance with § 22 (6).(5) In order to ensure continuous work and step-by-step renewal, the first-time establishment of the Management Board shall set a staggered membership period by measuring membership for a period of not more than five years. A representative of the categories of persons referred to in Section 15 (1) shall be appointed from the Administrative Board after the end of a year. In this connection, the representatives shall form a representative group according to § 15 (1) no. 2, 3 and 4. The second representative, who is first named, will be leaving after the end of the second year. The remaining representatives are retirees after three years of office. The order of leaving in each group shall be determined by the lot at the first meeting of the Board of Directors. The result shall be communicated to the Supervisory Authority without delay.(6) If a member of the Board of Directors departs from the expiry of the time for which it is appointed, a substitute member shall be appointed immediately for the remainder of the period. Non-official table of contents

§ 17 allowance for allowance

The members of the Board of Directors receive replacement of their outlays and an appropriate Compensation to be fixed by the Supervisory Authority. Non-official table of contents

§ 18 Deputy Chair

The Board of Directors elects a deputy from its centre in a secret ballot. Chairman. A majority of the votes of the members shall be required for the election. If no candidate receives the required majority of votes in the first ballot, a second ballot shall be held. If the necessary majority of votes is not reached in this ballot, a run-off vote shall take place in a third ballot between the two candidates who have reached the highest number of votes in the second ballot, in which case the simple vote shall be taken. Majority voting. In the event of a tie-up vote, the lot shall be decided. If there is only one candidate in this ballot, the simple majority shall also be sufficient. Non-official table of contents

§ 19 Tasks

(1) The Board of Directors oversees the Management Board. For this purpose, it shall regularly receive reports from the Executive Board.(2) The members of the Board of Directors shall exercise their duties to the best of their knowledge and consciences.(3) The Board of Directors shall represent the institution in court and out of court with respect to the Management Board. He decides on complaints against members of the Executive Board. The powers of the supervisory authority shall remain unaffected. A non-official table of contents

§ 20 Rules of Procedure

To regulate its internal order, the Management Board shall adopt its Rules of Procedure, which shall: Approval of the supervisory authority is required. In accordance with the Rules of Procedure, committees may be formed. Non-official table of contents

§ 21 Meetings and decision-making

(1) The Board of Directors meets at the invitation of its Chairman, as often as the situation of the business requires. However, it shall meet at least once in the quarter at a regular meeting. It shall be convened at extraordinary meetings if the Management Board or at least five members of the Management Board request the meeting in writing. The Chairperson or in the case of a prohibition shall be entitled at any time to convene the Board of Directors for an extraordinary meeting.(2) The invitation shall be sent on the agenda. The meeting must take place within two weeks of the invitation.(3) The Administrative Board shall be quorum if all members are invited under the last known address and at least six members, including the Chairperson or his deputy, are present.(4) The decisions of the Administrative Board shall be taken by a simple majority of the votes cast, in so far as the statutes do not require otherwise. In the event of a tie, the chairman shall vote.(5) Written voting shall be admissible.(6) The Chairman of the Board of Directors may also take decisions without the convening of a meeting by means of a written vote if no member of the Management Board is contrary to this procedure.(7) The meetings of the Management Board shall be subject to a minutes of signature by the Chairman.(8) The Board of Directors may require the presence of the Management Board. The Management Board and Officer of the Executive Board have the right to participate and be heard at any time. In the event of deliberations on the appointment or dismission of board members, the Board of Directors may exclude the members of the Management Board and their agents from participation.(9) The Supervisory Authority may participate in the meetings of the Management Board. It may be accompanied by other members of the Federal Government or its representatives. The Federal Court of Auditors shall be entitled to send a representative to the meetings of the Management Board.(10) The Chairman of the Board of Directors shall inform the Management Board, the Supervisory Authority and the Federal Audit Office in good time, on the dispatch of the agenda and of the necessary other documents, of each meeting.(11) § 35 shall apply for the preliminary consultation of decisions of the Board of Directors in planning conferences with the public limited liability companies.(12) Meetings shall not be public. Non-official table of contents

§ 22 Rights and obligations

(1) The Board of Directors is responsible for the appointment and dismise of members of the Management Board. Opinion to the Supervisory Authority.(2) The Board of Directors shall be entitled to request information from the Board of Management. A single member may also request information, but only to the Board of Directors; if the Board of Management rejects the exchange of information, the information can only be requested if another member of the Board of Directors supports the request.(3) The Board of Directors shall, on submission by the Management Board, decide on:
1.
The determination of the The economic plan of the institution and substantial changes;
2.
the statement of the annual financial statements;
3.
discharge for the board;
4.
compensation for loss of stock companies;
5.
Changes in the Articles of Association;
6.
granting a discount on share purchases by the workforce of the Stock companies;
7.
the General Rules of Procedure of the Anstalt.
(4) The decisions pursuant to paragraphs 3 (1) to 6 (6) require the approval of the supervisory authority; § 7 (1) sentence 2 of the Federal Office of the Post-Law is to be observed.(5) The Management Board shall decide within two months on a presentation by the Board of Management of the Management Board referred to in paragraph 3. If no decision is taken within this period, the submission shall be deemed to have been approved.(6) The members of the Board of Directors are obliged to secrecy in accordance with the provisions of the German Stock Corporation Act. Non-official table of contents

§ 23 objection to decisions of the Board of Directors

(1) The Board of Management may take a decision against a decision pursuant to section 22 (3) of the Management Board. the Administrative Council shall lodge an objection within one week of receipt of the notification if it considers that the decision does not meet the important interests of the institution. At the same time, the Board of Management has to inform the Federal Minister for Post and Telecommunications about the objection.The Administrative Board shall again decide within one month of receipt of the objection after consulting the Board of Management. The decision shall be justified.(3) The Board of Directors, acting by a majority of its members, decides to reject the objection of the Management Board, the Federal Minister for Post and Telecommunications shall decide upon presentation of the Management Board. If the majority required by the first sentence does not materiate, the Management Board shall be deemed to have been submitted.

IV.
Economic Management

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§ 24 financing

(1) The institution finances the task perception under section VI from dividends or from other federal funds.(2) The Federal Government's revenue from dividends and share sales inflicted by the institution may, within the framework of its economic plan, save in particular and, as a matter of priority, the financing of the support funds, in addition to the financing of its tasks as referred to in paragraph 1; for loss compensation in accordance with § 10 of the Federal Office of the Swiss Post Law between the public limited companies, for the formation of reserves, for the exercise of federal subscription rights in the case of capital increases in public limited liability companies or for abduction to the federal government .(3) The expenses incurred in the exercise of the duties under Section VII of the Articles of Association shall be financed from the charges contracted with the undertakings. Non-official table of contents

§ 25 Economic plan

(1) The Management Board shall set up an economic plan in good time before the beginning of the financial year.(2) The economic plan consists of:
-
of a preview-profit and loss account,
-
a preview capital invoice and
-
an establishment plan.
(3) In the preview-win-and Loss account and in the preview capital account are income and expenses as well as the capital requirement and the capital application according to purpose provisions, depending on whether it is a task perception for the federal government or a task perception in respect of undertakings, shall be referred separately to the undertakings concerned.(4) fiscal year shall be the calendar year.(5) The economic plan shall be determined by the Management Board and approved by the Supervisory Authority.(6) If, by the end of a financial year, the Administrative Board has not adopted the economic plan for the following year, or if the Supervisory Authority has not approved the economic plan, the Management Board shall be responsible until the date of entry into force of the Economic Plan. authorises all expenditure to maintain the running operation of the institution, to fulfil legally justified obligations of the institution and to continue the investments it has begun. Non-official table of contents

§ 26 Financial statements

(1) For each financial year, the Management Board shall issue an annual financial statement and a management report. trade-law principles.(2) The annual accounts are made up of
-
balance sheet
-
the profit and loss account and
-
appendix.
(3) Annual accounts and management report are in to draw up the first three months of each financial year and to present the auditor to the auditors.(4) The statutory auditor shall be determined by the supervisory authority.(5) Upon receipt of the audit report, the Management Board shall immediately present the audit report with the annual accounts and the management report to the Management Board for the purpose of establishing the report.(6) The annual accounts shall be determined by the Management Board and submitted to the Supervisory Authority for approval.(7) The annual annual report, which contains the annual accounts and the management report, shall be submitted to the Management Board and to the Supervisory Authority. A non-official table of contents

§ 27 Discharge of the Executive Board

(1) The Board of Directors decides, taking into account the audit reports of the auditors and the Federal Audit Office on the discharge of the Executive Board. He shall inform the Supervisory Authority of the decision-making and shall submit the audit reports with an opinion.(2) The discharge does not include a waiver of compensation claims.(3) The discharge must be submitted to the Supervisory Authority for approval.

V.
Personal

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§ 28 Officials, Employees, Workers

(1) The institution may have officials, employees and workers.(2) Officials of the institution are indirect federal civil servants. The Board of Directors is the top service authority. The top federal authority responsible for supervision in the sense of § 187 of the Federal Civil Service Act is the Federal Ministry of Post and Telecommunications.(3) The Federal Ministry of Postal and Telecommunications may, in cases in which the Executive Board has the decision to act as the supreme service authority in accordance with the Federal Civil Service Act or the Staff Services Act, reserve the right to this decision or the Make a decision dependent on its prior approval. It can also establish binding principles for the decision of the Board of Management.(4) In the case of the institution, the upper limits for transport offices may be exceeded, in so far as this is necessary because of the requirements associated with the functions.(5) The collective agreements for the employees of the institution shall be concluded by the Management Board.(6) The Executive Board is the supervisor of the employees and workers of the institution.

VI.
Task perception for the federal government

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§ 29 stock management

(1) The institution manages the shares of the joint stock companies of the Deutsche Bundespost (German Federal Post) for the shares of the German Federal Post Federal Republic of Germany. It shall acquire, acquire and sell these shares in the name and on behalf of the Federal Republic of Germany.(2) The institution of the approval of the supervisory authority shall be required for the acquisition and disposal of these shares.(3) This shall also apply to trading with subscription rights to shares and comparable transactions. Non-official table of contents

§ 30 Acquisition of shares

The institution acquires shares for the federal government, in particular for the following purposes:
1.
to participate in a capital increase in stock companies;
2.
to maintain the required or required federal majority;
3.
Health care.
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§ 31 Disposal of shares

(1) The institution sells shares of the federal government, in particular to the following Purpose:
1.
in particular, and primarily to finance the support funds;
2.
on privatization of the stock corporation;
3.
for wide-spread wealth creation;
4.
to enable the employees of the public limited liability companies;
5.
Course maintenance.
(2) In the case of the sale of shares, the institution of the employees of the stock companies may grant a remission. A remission shall only be granted for the shares of the company that belong to the employee members. Non-official table of contents

§ 32 exercise of membership rights

(1) The institution shall, as the holder of the shares of the Federal Government, take the Federal Government's shares in accordance with the Share law is true to the membership rights.(2) It shall exercise the right of access and decision-making authority to the shareholders ' meeting of public limited liability companies in the context of the general meeting of public limited liability companies
-
the appointment of the shareholder representatives on the Supervisory Board,
-
the use of the Balance sheet gains,
-
the discharge of the members of the Management Board and the Supervisory Board,
-
the order of the auditors,
-
the amendment of the statutes,
-
the measures of capital procurement and capital reduction,
-
the order of auditors to control
-
merger, asset transfer, transformation and integration,
-
-
the approval of company contracts as well as
-
other company's statutes provided for in the Company's Articles of Association Tasks
in accordance with the interests of the Federal Republic of Germany. This also applies to the assertion of grounds of invalidity or of appeal.(3) The institution shall be deemed to have been authorized to exercise voting rights in accordance with Section 134 (3) of the German Stock Corporation Act by Section 3 (1) (1) of the Federal Office of the Post Act. Non-official table of contents

§ 33 Introduction to the capital market

(1) In close cooperation with the stock companies, the institution shall sell the shares of the Federal government on the national and international capital markets.(2) The institution shall add experienced issuing houses for advice, preparation and implementation of the stock placement.(3) Prior to the conclusion of the contract with the issuing houses, the approval of the supervisory authority shall be obtained. Non-official table of contents

§ 34 Loss compensation

(1) The institution can compensate companies for loss relief from dividends , in so far as a investor acting under market conditions conditions would make such a compensation.(2) In addition, compensation from dividends may only be made for losses as a result of obligations arising from the former legal form of the public limited liability companies as federal administration, provided that no other compensation has to be obtained.(3) Other forms of aid may also be paid.(4) The decision to compensate for loss is subject to the approval of the supervisory authority.

VII.
Task perception in relation to the companies

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§ 35 planning conferences

(1) The institution is preparing its decisions under section VII in planning conferences with the stock companies. All public limited companies are to be involved in the conferences.(2) The invitation to the planning conferences is carried out by the Management Board. To invite-with a deadline of two weeks-are the board members of the stock companies. These may be represented at the conferences by authorised representatives. The invitation shall be accompanied by an agenda.(3) Planning conferences have been held in advance of the Management Board decision.(4) The planning conferences shall discuss the performance of the tasks referred to in Section VII with the public limited liability companies with the aim of understanding.(5) Planning conferences are not public. Non-official table of contents

§ 36 Coordination by counseling

(1) The institution may, in particular, at the request of a company, in particular: co-ordinate contrasting business planning through consulting.(2) A decision-making right concerning the corporate policy of the public limited liability companies is not to be found in the institution. Non-official table of contents

§ 37 Appearance

The institution can give suggestions as to how the outward appearance of the stock companies is is to be designed. Non-official table of contents

§ 38 Guide principles

The institution can, at the request of a company, in the preparation of personnel management principles advice. Non-official table of contents

§ 39 Collective Bargaining Agreements

(1) The institution shall terminate the collective bargaining agreements for the public limited liability companies. The General collective agreements concluded in agreement with the public limited liability companies regulate only the general provisions listed in the annex to section 14 (1) of the Federal Office of the Federal Republic of Germany in the context of employment relationships in the Stock companies. Employers in the sense of labour laws and collective bargaining law are the stock companies.(2) The remuneration, wages and working conditions of the employees, workers and trainees in the public limited liability companies regulate the public limited liability companies independently and independently of their own responsibility by means of collective agreements. Non-official table of contents

§ 40 Social tasks

(1) The institution carries out the operational activities listed in § 26 of the Federal Office of the Swiss Post Act (Bundesanstalt Post-Gesetz) Social facilities for the institution, the public limited companies, the accident insurance fund and the museum foundation.(2) The institution is obliged to control the economic viability of the occupational social services.(3) The institution determines the principles of housing care for the public limited liability companies.(4) Within the institution, the social tasks are carried out by one body.

VIII.
Final provisions

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§ 41 Publication

The articles of association and the names of the members of the Executive Board are after the entry into force or after the order as well as with each Change in the Federal Gazette (Bundesanzeiger). The annual accounts of the institution are also to be announced. Non-official table of contents

§ 42 Entry into force

This statutes shall enter into force with publication in the Federal Law Gazans.