The Bundesanstalt Für Immobilienaufgaben Act

Original Language Title: Gesetz über die Bundesanstalt für Immobilienaufgaben

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Law on the Federal Agency for Real Estate Tasks (BImAG)

Non-official table of contents

BImAG

Date of issue: 09.12.2004

Full quote:

" Act of the Federal Agency for Real Estate Tasks of the Federal Office for Real Estate Tasks of the Federal Republic of Germany 9. December 2004 (BGBl. 3235), which is Article 15 (83) of the Law of 5. February 2009 (BGBl. I p. 160) has been amended "

:As amended by Art. 15 para. 83 G v. 5.2.2009 I 160

For details, see the Notes

Footnote

(+ + + text evidence from: 1) menu. 1.2005 + + +)

The G was defined as article 1 of the G v. 9.12.2004 I 3235 of the Bundestag. It's gem. Article 10 of this G entered into force on 1 January 2005. Non-official table of contents

§ 1 Establishment, purpose, seat

(1) In the business unit of the Federal Ministry of Finance, a federal Legal institution of public law to 1. It was established in January 2005. It bears the name "Bundesanstalt für Immobilienaufgaben" (BImA). The Federal Institute is responsible for the property-related as well as other tasks assigned to it by the Federal Government. This includes, in particular, the management of properties used by Federal Administration departments to carry out their tasks (service properties). The Federal Institute has the aim of making a uniform administration of the federal property assets according to commercial principles and not to divetly dispose of the assets that are not necessary for business. The federal budget is carried out on the basis of the economic plan.(2) The Federal Institute is based in Bonn. It has the right to set up outside offices as main or minor points. Non-official table of contents

§ 2 Tasks, Assets, Objectives

(1) The Federal Institute is responsible for the tasks that are performed on the 31. The Federal Ministry of Finance, the Federal Forestors and the Federal Assets departments of the Oberfinanzdirektionen (Oberfinanzdirektionen) were transferred in December 2004 to the Federal States ' offices and the Federal Fund for Finance. In addition to the tasks assigned to them, this includes, in particular, the coverage of land and space requirements for federal purposes and the federal housing service, as well as the management and exploitation of land which is not intended for administrative purposes of the Federal government or within the framework of the common use within the scope of the federal government (general basic wealth) and the forestry services, including forestry management and the protection of nature protection of the Covenant property assets. To the extent that such tasks are delegated to other federal agencies or companies of the Federation, it remains the responsibility of the Federal Government.(2) The Federal Office shall have effect from 1. In January 2005, ownership of all land, equal rights and limited rights of the Federal Republic of Germany, which are part of the business unit of the Federal Ministry of Finance, are transferred. The Federal Institute is entitled to apply in the sense of the basic book order. In so far as the assets referred to in the first sentence are situated in the territory referred to in Article 3 of the agreement and the Federal Republic of Germany is not yet established as the owner, the procedure shall be adopted in accordance with the law on the allocation of assets Application.(3) From 2006 until the end of 2010, the Federal Institute shall be transferred to all domestic service properties of the Federal Republic by the end of the year. In written agreements with the most senior federal authorities concerned, the Federal Institute and the issuing departments refer to the properties on which the property is to be transferred. With the conclusion of the respective agreement in accordance with the second sentence, the property shall be passed on to the designated properties. As far as 31. In December 2011, an agreement was not reached in accordance with the second sentence of the first sentence, the ownership of the services shall be at the level of 1. January 2012 to the Federal Institute for the Environment. The Federal Institute is entitled to apply in the sense of the basic book order. The funds allocated for the acquisition of the property and the management of the service properties in the respective relevant individual plans of the federal budget plan are transferred to the Federal Institute and to the Economic Plan of the Federal Institute of Public Administration (Bundesanstalt). set.(4) Exceptions to the transfer of ownership may be made in agreement between the managing supreme federal authorities and the Federal Ministry of Finance. This applies in particular to the service properties directly used by the constitutional authorities, the supreme federal authorities and the supreme federal courts.(5) The Federal Ministry of Finance can conclude an agreement with the Federal Institute for the free transfer of movable property.(6) The Bundesanstalt is empowered to represent the Federal Republic of Germany in legal transactions. It shall exercise this authority only within the limits of the tasks assigned to it. This restriction is not to be considered by the land register offices.(7) The Federal Ministry of Finance may delegate further tasks to the Federal Institute and withdraw it again. Other federal ministries may delegate further tasks to the Federal Institute by means of a public service contract. Non-official table of contents

§ 3 Supervision

(1) The Federal Institute is subject to the legal and professional supervision of the Federal Ministry of Finance.(2) Insofar as the Federal Institute carries out tasks from the business area of another Federal Ministry, it exercises the legal and professional supervision. Technical instructions with substantial financial or organisational implications for the Federal Institute shall be carried out in agreement with the Federal Ministry of Finance. Non-official table of contents

§ 4 organs, statutes

(1) The Federal Institute shall be led and represented by a board of directors. It is made up of the spokesperson or the speaker and up to two other members. The tasks and powers of the Executive Board determine this Act and the Articles of Association. The spokesperson or the spokesperson leads the official name "spokesperson of the Executive Board of the Federal Agency for Real Estate Tasks" or "Spokesperson of the Executive Board of the Federal Agency for Real Estate Tasks"; the other members lead the name of the office in question "Member of the Executive Board of the Federal Agency for Real Estate Tasks". (2) A Board of Directors is formed at the Federal Institute. The Board of Directors advises and supports the Management Board. The Board of Directors is composed of up to ten experts who are appointed by the Federal Ministry of Finance in accordance with the statutes. The Chairman of the Administrative Board is determined by the Federal Ministry of Finance. More detailed rules are laid down in the Rules of Procedure of the Administrative Board, which is adopted by the Federal Ministry of Finance.(3) The Federal Ministry of Finance shall adopt the statutes of the Bundesanstalt. In particular, provisions shall be included in the statutes on
1.
the structure and the Organization,
2.
the tasks and powers of the Management Board,
3.
the tasks and Powers of an Administrative Board,
4.
the Legal Business Representation,
5.
Economic management, including accounting and accounting.
The statutes are published in the Federal Gazette. Non-official table of contents

§ 5 Legal status of the members of the Management Board

(1) The members of the Management Board will be members of the Board of Management for up to five years . Renewals are allowed. The members of the Board of Management shall be in a public service relationship in accordance with the provisions of paragraphs 2 to 7.(2) The members of the Executive Board are appointed by the Federal President or by the Federal President on a proposal from the Federal Minister of Finance or the Federal Minister of Finance. The term of office of the members of the Executive Board shall begin with the handing out of the certificate of appointment if a later date is not determined in the document. It ends with expiry of the term of office, reaching the age limit of Section 51 (1) and (2) of the Federal Civil Service Act or with the dismissal. The President of the Federal Republic of Germany or the Federal President shall release a member of the Executive Board at his request or on a decision of the Federal Government in the event of a disrupted relationship of trust or for an important reason. Before the decision is taken, the Member of the Executive Board shall be given the opportunity to comment. In the event of termination of the term of office, the member of the Management Board shall receive a certificate completed by the President of the Federal President or the Federal President. The dismissal on request shall be effective upon handing out the document if it is not expressly intended to be a later date in it. The dismissal for good reason or in the case of a disturbed relationship of trust shall take effect with the execution of the decision of the Federal Government if it does not expressly decide it for a later date.(3) The members of the Management Board shall, after the appointment of the certificate of appointment before the Federal Minister of Finance or the Federal Minister of Finance, make the following oath:
" I swear to uphold the Basic Law for the Federal Republic of Germany and all laws in force in the Federal Republic of Germany and to conscientiously fulfil my official duties, as true to me God help me. "
The oath can also be done without religious begining.(4) In addition, the legal relationships of the members of the Executive Board are governed by contracts concluded by the Federal Ministry of Finance with the members of the Executive Board.(5) If a Federal official or a Federal official is appointed a member of the Board of Management, she or he shall leave the office at the beginning of his/her term of office. For the duration of the term of office, the rights and obligations laid down in the civil service relationship shall rest with the exception of the duty of confidentiality and the prohibition of acceptance of rewards or gifts. Sentence 2 shall apply at the latest until entry or up to the retirement.(6) If the relationship referred to in paragraph 1 ends and the person concerned is not subsequently appointed to a different public-law relationship with the Federal Government, officials shall act if they do not fall within three months. § 28 (2) of the Federal Civil Service Act or equivalent national legislation shall be transferred to another office with the expiry of that period from its duty of service as an official in the one-week retirement, provided that it is to be have not yet reached the legal age limit. They shall receive a retirement pension which they would have served in their former office, with the time of the public service being taken into account. The period of the term of office shall also be held for rest if the official or the official is transferred, in accordance with the first sentence, to another office in the official relationship. § 107b of the German Civil Service Act applies accordingly to the members of the Executive Board. For members of the Board of Management who have not been or are not in a civil service relationship, a contractual pension scheme in accordance with paragraph 4 shall remain unaffected. The rest and accounting requirements of the civil service law are to be applied in accordance with the applicable rules.(7) The provisions of paragraphs 5 and 6 shall apply to judges and to professional soldiers. Non-official table of contents

§ 6 Funding

(1) The institution shall cover its expenses for the tasks assigned to it pursuant to § 2 from the proceeds of the Management and exploitation of the Federal assets transferred and of agreed reimbursements. The Federal Institute may form reserves in its opening balance sheet and in the following annual financial statements. The annual financial statements by the Federal Ministry of Finance shall be determined by means of the appropriation of the balance sheet profit. Details are laid down in the statutes.(2) The institution does not have the right to borrow on the market; the Federal Government grants the necessary loans in accordance with the Law on the Budget.(3) Insolvency proceedings concerning the assets of the Federal Institute shall not be held. Section 12 (2) of the Insolvency Code shall be applied accordingly in such a way that the claims of the employees are directed against the Federal Government. Non-official table of contents

§ 7 Economic plan

(1) Before the beginning of the financial year, the Management Board shall set up an economic plan that shall be
-
a preview-Profit and Loss Bill,
-
a transfer invoice for revenue and expenses including investment planning,
-
Personnel planning
. The economic plan can be used to set funds for the formation of reserves. Due to the decision of the Federal Minister of Finance, the Bundesanstalt is obliged to supply these amounts to the federal budget. Fiscal year is the calendar year. Details are laid down in the statutes.(2) The economic plan shall be subject to the approval of the Federal Ministry of Finance. Overviews of revenue and expenditure and an establishment plan shall be attached to the federal budget as annexes. Non-official table of contents

§ 8 Booking, annual accounts

(1) The Bundesanstalt books according to the rules of the commercial accounting.(2) The assets transferred to the Federal Institute shall be evaluated in accordance with the principles of trade law. The regulations of § § 7, 9, 10, 17 and 36 of the D-market balance law are applicable, whereby the period of § 36 (4) sentence 2 of the D-market balance law ends with the end of 2009.(3) For each financial year, the Federal Institute shall draw up an annual financial statement, a management report in accordance with the principles of trade law and a liquidity statement, and shall submit it to the Federal Ministry of Finance for the final determination of the Abductions to the federal budget and to the discharge of the board. More detailed rules are laid down in the articles of association and the economic management provisions to be adopted by the Federal Ministry of Finance. § 109 para. 2 sentence 2 to 4 of the federal budget order is to be applied. Non-official table of contents

§ 9 Examination law of the Federal Court of Auditors

For the examination law of the Federal Court of Auditors, § 111 of the Federal Audit Office Federal budget order. Non-official table of contents

§ 10 Application of budget law

(1) § § 7, 9, 24 of the federal budget order as well as the provisions of Part III of the The Federal Budget Regulations apply accordingly with the exception of § § 38 and 45 as well as the provisions which require a booking in accordance with revenue and expenditure. § § 63 and 64 of the Federal Budget Regulations remain unaffected with regard to the land plots transferred pursuant to section 2 (2) and (3).(2) The Federal Ministry of Finance is authorized to allow further exceptions to the application of the provisions of the Federal Budget Code with the approval of the Budget Committee of the German Bundestag.(3) The Federal Ministry of Finance, as well as other federal ministries, which are transferring tasks to the Federal Institute, may authorise the Federal Institute to manage parts of the federal budget. In that regard, the provisions of the Federal Budget Regulations, including the provisions of the administrative provisions laid down for this purpose, shall apply in the version in force. Non-official table of contents

§ 11 Officials and Officials

(1) The Federal Institute shall be granted the right to have officials and officials. The takeover of civil servants of other servants is only permissible with the approval of the Federal Ministry of Finance. The Federal Institute shall not be allowed to establish new civil service conditions.(2) The spokesperson or the spokesperson of the Executive Board shall be the top official for the civil servants.(3) The Federal President or the Federal President shall appoint the officials of the Bundesbesoldung ordnung B; the spokesperson or the spokesperson of the Executive Board shall appoint the other officials.(4) The Bundesanstalt may, with the approval of the Federal Ministry of Finance, its powers and responsibilities, including the decision on remedies in the areas of remuneration, aid, travel and removal costs, as well as the severing allowance, and Transfer the automated processing of personal data in whole or in part against reimbursement of the administrative costs to the authorities of the Federal Financial Administration. The transfer is to be published in the Federal Law Gazans. Non-official table of contents

§ 12 Workers, apprentices

(1) Employees, employees and trainees of the The Federal Institute shall apply the collective agreements and other provisions applicable to employees, employees and apprentices of the Federal Government.(2) Employees may also be employed above the highest rate-contractual remuneration group in a non-collective employment relationship, as far as this is necessary for the performance of the tasks. The provisions of the first sentence shall apply in respect of the other provision of non-tariff and non-tariff services. Non-official table of contents

§ 13 Resolution of Organizational Units of the Federal Asset Management

The federal asset offices, the Federal Forest Offices and the Federal Office of the Federal Republic of Germany The federal assets departments of the Oberfinanzdirektionen as organisational units of the Federal asset management are at the end of the 31. December 2004. Non-official table of contents

§ 14 Overdirection of proceedings

In the organizational units referred to in § 13, 31. Administrative procedures pending before December 2004 shall be continued by the Federal Institute. The Federal Institute acts as the competent authority of the federal government and also represents it in court. Non-official table of contents

§ 15 Transitional rules Staff representation

(1) The first-time elections to the Staff Committee in accordance with the Federal personnel representation law in the Federal Institute shall be held within five months of the establishment of the Federal Office for the Protection of the Federal Government.(2) Until the constitution of the Staff Committee to be elected in accordance with paragraph 1, the tasks of the Staff Committee shall be taken by a transitional staff council. Only employees who are transferred to the Federal Institute in accordance with § 18 may belong to this group. It is made up of the former members of the main staff council. In addition, a previous member of the district staff of the Oberfinanzdirektion (Oberfinanzdirektionen), who had a federal property department until the entry into force of this law, and a previous member of the staff councils of the Federal Government or the Federal Republic of Germany, are also members of the Federal Government. Total personnel rates of the former federal assets departments. Each member is the chairperson, a member of the board of directors, or a member of the respective staff committee. If, according to sentence 4, more than one former mandate holder comes into consideration, Section 17 (1) sentence 2 of the Federal Personalization Act (Bundespersonalgesetz) shall apply accordingly. The chairman of the main staff council at the Federal Ministry of Finance shall convene the members, under the agenda of the first meeting, and shall forward them until the transitional council, from among its members, shall elect an election leader for the election of the The board has ordered the board.(3) The transitional sperm council shall appoint the electoral board for the first-time elections referred to in paragraph 1.(4) Die on 31. December 2004, existing service agreements for the federal capital administration are to be continued until a new regulation has been made for the Federal Institute, but for a maximum period of 18 months. Non-official table of contents

§ 16 Transitional rules for the disabled person

(1) The first-time elections for the representatives of the severely disabled persons in accordance with the Ninth Book of the Social Code shall be held in the Federal Institute no later than five months after the establishment of the Federal Institute.(2) The tasks of the representatives of the severely disabled persons shall be carried out by a temporary disability representative until their activities are taken up. These members can only belong to employees who are transferred to the Federal Institute in accordance with § 18. From the centre of the former county trusts and local confidants, a person holding the presidency and two representatives of representatives shall be determined by a simple majority.(3) The Chair or Chairperson of the Transitional Disability Representation shall immediately appoint the electoral board for the first-time elections referred to in paragraph 1. Non-official table of contents

§ 17 Transitional rules for equal opportunity officers

(1) The election of the equal opportunity commissioner is carried out in accordance with the regulations the Regulation on the election of the Equal Opportunities Officer and her deputy in federal services. The order must then be completed within four months of the establishment of the Bundesanstalt.(2) The equal opportunity commissioner appointed for the federal capital administration shall determine the time after the establishment of the Bundesanstalt by a simple majority from the circle of the former transferred to the Bundesanstalt pursuant to § 18. Equal opportunity commissioner from each of the former nine areas of the Oberfinanzdirektionen with federal wealth department an equal opportunity commissioner. This and the equal opportunity commissioner of the Federal Ministry of Finance will accept the transitional mandate until the new election. They decide by simple majority. To the extent that no equal opportunity commissioner is transferred to the Federal Institute in the area of the Oberfinanzdirektionen mit Bundesfortungensabteilung, the equal opportunity commissioner responsible for the day before the foundation of the Bundesanstalt will take the Transitional mandate true. Non-official table of contents

§ 18 Overhead of employees

(1) Officials of the organizational units mentioned in § 13 are with Effect of 1. January 2005 Federal officials and civil servants of the Federal Institute of the Federal Republic of Germany. Section 136 (1) sentence 1 of the Federal Civil Service Act shall apply accordingly. The first incumbents referred to in Article 2 (1) (b) shall receive their remuneration from grade B 3, and the first incumbents referred to in Article 2 (3) of this Act shall receive their remuneration from grade B 6. Sentence 3 shall apply only to the extent that the incumbent has so far held a corresponding office.(2) Employees, employees and apprentices employed in the organisational units referred to in § 13 shall have the effect of 1. He took over the service of the Federal Institute in January 2005. Without prejudice to Section 12 (1), the Federal Institute shall enter into the rights and obligations of the working and training conditions existing at the time of the acquisition. Non-official table of contents

§ 19 Distribution of supply loads

(1) The federal government provides the supply and aid for the former Civil servants of federal property management.(2) The Federal Government shall pay the pensions for the civil servants of the Federal Institute and the aid for their care recipients.(3) The Federal Institute shall annually make contributions to the Federal Government of 33 of the hundred of the gross deductible gross salaries of its active civil servants and of the fictitious gross salaries of their civil servants, who have been certified for their rest in the course of their rest.