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

Unofficial table of contents

BImAG

Date of completion: 09.12.2004

Full quote:

" Law on the Federal Institute for Real Estate Tasks of 9 December 2004 (BGBl. 3235), as defined by Article 15 (83) of the Law of 5 February 2009 (BGBl. 160) has been amended "

Status:

Amended by Art. 15 para. 83 G v. 5.2.2009 I 160

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1. 1.2005 + + +) 

  

The G was decided by the Bundestag as Article 1 of the G v. 9.12.2004 I 3235. It's gem. Article 10 of this G entered into force on 1 January 2005. Unofficial table of contents

§ 1 Establishment, purpose, seat

(1) In the business unit of the Federal Ministry of Finance, a legally competent institution of public law shall be established on 1 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 based on the economic plan. (2) The Federal Institute has its headquarters in Bonn. It has the right to set up outside offices as main or minor points. Unofficial table of contents

§ 2 Tasks, Assets, Objective

(1) The tasks of the Federal Institute shall be transferred to the Federal Assets Offices, the Bundesforstämtern and the Bundesasset departments of the Oberfinanzdirektionen on 31 December 2004. 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 forest management and the protection of nature protection of the Covenant property assets. To the extent that such tasks are delegated to other federal authorities or companies of the Federation, it remains within their competence. (2) The Federal Institute shall be the property of all plots, land-like property with effect from 1 January 2005. Rights and limited rights of the Federal Republic of Germany, which are part of the business unit of the Federal Ministry of Finance. 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 procedure referred to in Asset allocation law Application. (3) From 2006 until the end of the year 2010, the Federal Institute will transfer ownership of all domestic service properties of the Federal Government. 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. To the extent that an agreement in accordance with the second sentence has not been reached by 31 December 2011, the property shall be passed on to the Federal Institute on 1 January 2012 by the property. 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). (4) Exceptions to the transfer of ownership may be made in agreement between the top federal authorities responsible for management 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 reach an agreement with the Federal Institute for (6) The Bundesanstalt is empowered to represent the Federal Republic of Germany in the field of legal transactions. It shall exercise this authority only within the limits of the tasks assigned to it. This restriction is not to be examined by the Land registry 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. Unofficial 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. Unofficial table of contents

Section 4 Institutions, Articles of Association

(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 is named "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 shall lead the term of office. "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. The rules of procedure of the Administrative Board, which are adopted by the Federal Ministry of Finance, are approximate. (3) The Federal Ministry of Finance shall adopt the statutes of the Federal Institute of Finance. The Articles of Association shall in particular include provisions on:

1.

the structure and organisation,

2.

the tasks and powers of the Executive Board,

3.

the tasks and powers of an administrative board,

4.

the representation of the legal business,

5.

the economic management, including accounting and accounting.

The Articles of Association are published in the Federal Gazette. Unofficial table of contents

Section 5 Legal status of the members of the Management Board

(1) The members of the Executive Board shall be appointed for a period of up to five years. Renewals are allowed. The members of the Executive Board are to be in a public service relationship in accordance with the provisions of paragraphs 2 to 7. (2) The members of the Executive Board shall be appointed by the President of 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 take effect upon the handing out of the document if it is not expressly determined 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 Executive Board shall The following oath shall be given before the Federal Minister of Finance or the Federal Minister for Finance:

"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, so help me God."

The oath can also be made without any religious eureation. (4) 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 Board of Management. (5) A federal civil servant or a federal official appointed as a member of the board of management, she or she 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 retirement. (6) Ends the official relationship referred to in paragraph 1 and if the person concerned is not subsequently appointed to the federal government in another public-law relationship Civil servants, if they are not transferred to another office within three months under the conditions laid down in Section 28 (2) of the Federal Civil Service Act or equivalent national laws, by the end of that period from their Employment relationship as an official in the injuncting retirement, if at that point in time 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 in the first sentence is transferred to another office in the official relationship. For the members of the board of civil servants, § 107b of the Staff Regulations of Officials shall apply accordingly. 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 provisions of the Civil Service Act are to be applied mutadenticly. (7) Paragraphs 5 and 6 shall apply to judges and to professional soldiers. Unofficial table of contents

§ 6 Financing

(1) The institution shall cover its expenses for the tasks assigned to it in accordance with § 2 from the proceeds of the administration and utilization of the federal assets transferred to it and from the 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. (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. Unofficial table of contents

Section 7 Economic plan

(1) Before the beginning of the financial year, the Management Board shall draw up an economic plan which shall:

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a preview-profit and loss account,

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a transfer invoice for revenue and expenditure, including investment planning,

-

Staff 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 requires 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. Unofficial table of contents

§ 8 Booking, annual financial statements

(1) The Bundesanstalt books according to the rules of the commercial accounting. (2) The assets transferred to the Federal Institute shall be evaluated according to commercial principles. The regulations of § § 7, 9, 10, 17 and 36 of the D-Markbalances Act 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 Office shall issue a Annual financial statements, a management report in accordance with commercial principles as well as a liquidity statement, and submits them to the Federal Ministry of Finance for the final setting 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. Unofficial table of contents

§ 9 Examination law of the Federal Court of Auditors

§ 111 of the Federal Budget Code applies to the audit law of the Federal Court of Auditors. Unofficial table of contents

Section 10 Application of budgetary law

(1) § § 7, 9, 24 of the Federal Budget Code as well as the provisions of Part III of the Federal Budget Regulations apply accordingly with the exception of § § 38 and 45 as well as the provisions that 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 make further exceptions to the application of the provisions of the Federal Budget Regulations. (3) The Federal Ministry of Finance and other federal ministries which carry out tasks of the Federal Agency may authorize the Federal Agency to To manage parts of the federal budget. In this respect, the provisions of the Federal Budget Regulations, including the provisions of administrative provisions laid down for this purpose, shall apply in the version in force. Unofficial table of contents

§ 11 Officials and Officials

(1) The Federal Institute shall be granted the right to have officials and civil servants. The takeover of civil servants of other servants is only permissible with the approval of the Federal Ministry of Finance. The Federal Office shall not be allowed to give reasons for new civil servants ' relations. (2) The spokesperson or the spokesperson of the Executive Board shall be the top service authority for the civil servants. (3) The Federal President or the Federal President shall appoint the officials and officials. Officials of the Bundesbesoldungsordnung B; the spokesperson or the spokesperson of the Executive Board shall appoint the other officials. (4) With the consent of the Federal Ministry of Finance, the Federal Institute may exercise its powers and responsibilities including the decision on legal remedies in the areas of remuneration, Aid, travel and removal costs as well as separation money and the automated processing of personal data are transferred, 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. Unofficial table of contents

§ 12 Employees, apprentices

(1) The employees, employees and trainees of the Federal Institute shall apply the collective agreements and other provisions applicable to employees, employees and trainees of the Federal Republic of Germany. (2) Employees may also be employed above the highest tariff contractual remuneration group in a non-tariff employment relationship, to the extent that 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. Unofficial table of contents

§ 13 Resolution of organisational units of the federal wealth management

The federal asset offices, the federal forestry offices and the federal assets departments of the Oberfinanzdirektionen as organisational units of the Federal wealth management are dissolved at the end of the 31 December 2004. Unofficial table of contents

Section 14 transfer of proceedings

In the case of the organisational units referred to in § 13 on 31 December 2004, administrative procedures pending before the end of the year are continued by the Federal Institute. The Federal Institute acts as the competent authority of the federal government and also represents it in court. Unofficial table of contents

Section 15 Transitional regulation Personnel representation

(1) The first-time elections to the Staff Committee in accordance with the Federal Personnel Representation Act in the Federal Institute shall be held within five months of the establishment thereof. (2) Until the constitution of the Staff Committee to be elected pursuant to paragraph 1 shall carry out the tasks of 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 a head of election for the election of the (3) The Transitional State Council appoints the electoral board for the first-time elections pursuant to paragraph 1. (4) The service agreements for the Federal asset management sector, which are in existence on 31 December 2004, shall apply to a date of the first elections. New regulations for the Federal Institute, but for a maximum period of 18 months. Unofficial table of contents

Section 16 Transitional scheme severely disabled

(1) The first-time elections for the representatives of severely disabled persons in accordance with the ninth Book of Social Code take place in the Federal Institute no later than five months after its establishment. (2) The tasks of the representative of the severely disabled are taken up to the date of their inclusion. Activity a temporary disability representation is true. 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 trusts, a person who holds the chair and two representatives of representatives shall be appointed by a simple majority. (3) The chairperson or chairperson of the Temporary disability representative shall immediately appoint the electoral board for the first-time elections referred to in paragraph 1. Unofficial table of contents

Section 17 Transitional regulation Equal opportunity commissioner

(1) The election of the equal opportunity officers shall be carried out in accordance with the regulations of the regulation on the election of the equal opportunity commissioner and her deputy in the federal services. The order must then be completed within four months of the establishment of the Federal Agency. (2) The equal opportunity commissioners appointed for the Federal Property Management shall determine promptly after the establishment of the Federal Institute with A simple majority from the circle of former equal opportunity commissioners from each of the former nine areas of the Oberfinanzdirektionen with federal wealth department, transferred to the Federal Institute according to § 18, an equal opportunity officer. 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. Unofficial table of contents

Section 18 Overhead of employees

(1) The civil servants of the organisational units referred to in § 13 shall be officials of the Federal Institute with effect from 1 January 2005. § 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 an appropriate office. (2) The employees employed in the organizational units referred to in § 13 shall enter the service with effect from 1 January 2005. of the Federal Institute. 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. Unofficial table of contents

Section 19 Distribution of supply loads

(1) The Federal Government provides the supply and state aid for the former civil servants of the Federal Property Administration. (2) The Federal Government shall pay the pensions for the civil servants of the Federal Institute and the State aid benefits. for their beneficiaries. (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 officials and of the fictitious gross salaries of their non-wage-lasting leave-of-the- Officials and officials.