Law On The Establishment Of A Fund Of "german Unity"

Original Language Title: Gesetz über die Errichtung eines Fonds "Deutsche Einheit"

Read the untranslated law here: http://www.gesetze-im-internet.de/defg/BJNR205330990.html

Law on the establishment of a Fund of "German unity" DAHAKE Ausfertigung date: 25.06.1990 full quotation: "law on the establishment of a Fund of"German unity"of 25 June 1990 (BGBl. 1990 II S. 518, 533), most recently by article 3 paragraph 1 of the law of July 12, 2006 (BGBl. I S. 1466) is changed" stand: last amended by article 3 paragraph 1 G v. 12.7.2006 I 1466 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 30.6.1990 +++) the G as article 31 G 105-1 v. 25.6.1990 II 518 of the Bundestag with the consent of the Federal Council decided. It is under article 37 paragraph 1 of this G on the 30.6.1990 entered into force.

Article 1 establishment of the Fund is a Fund of "German unity" as a Fund of the Federal Government.

§ 2 purpose of the Fund, revision of federal countries financial relations from 1995 (1) the Fund fulfil the obligations of the Federal Republic of Germany under article 28 of the Treaty with the German Democratic Republic from May 18, 1990 and of the performance of further aid to the German Democratic Republic. The Fund is also the performance of aid to the States of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia. The aid will be granted in the years 1990 to 1994 and amount to a total of DM 160,705 billion. Of 1990 services amounting to 22 billion DM, may be provided in the years in 1991 in the amount of DM 35 million, in 1992 amounting to 33.9 billion DM in 1993 amounting to DM 35,205 billion and in 1994 amounting to 34.6 billion DM. The annual benefits of the Fund are as of January 1, 1991 as special support granted to their general financial needs the aforementioned countries and on 30 June of the preceding year excluding the population of the part of the State of Berlin, in which the basic law was already before 3 October 1990, distributed to these countries in the ratio of their population. The countries undertake 40 per cent of the Fund benefits flowing to them to closer further stipulations of provincial legislation in their communities (community associations).
(2) with effect from 1 January 1995, the financial relationships between federal and State Governments (in particular Equalization and federal supplementary assignments) are to govern.

Section 3 is not subject to administration position in legal relations, Advisory Board of the Fund. He can act under his name in the contractual transport, sue and be sued. The place of general jurisdiction of the Fund is the seat of the Federal Government. The Federal Minister of finance manages the Fund. It is formed a Committee consisting of four members in the Federal and State Governments are represented on an equal footing.

§ 4 is asset separation, Federal liability (1) the funds of the remaining assets of the Federal Government, to keep separate its rights and liabilities.
(2) for the liabilities of the Fund, the Federal Government is liable.

The total amount of the credit appropriations for the Fund, 1990-1994 may 95 billion DM in the period not exceed section 5 funding, credit authorizations, management of the loans of the Fund (1). The amount of the difference to the overall performance framework according to article 2, paragraph 1 is covered by allocations from the federal budget. These assignments are financed in 1993 10.5 billion DM and 1994 12.9 billion DM from the emergence of the turnover tax managed by federal tax authorities (turnover tax on imports) before its further distribution jointly by federal and Länder in the ratio of their shares of the sales tax set for this years according to § 1 (1) of the Financial Equalization Act. The allocations pursuant to sentence 2 are also in the year 1993 2,075 billion DM and in the year 1994 5.35 billion DM from countries of Baden-Württemberg, Bavaria, Berlin, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein financed by in the ratio of contributions according to § 1 para 2 sentence 2 of the law on the financial balance between federal and State and provisionally charged in monthly amounts with the import sales tax payments of the Federal Government according to § 14 para 2 of the law on the financial balance between federal and State. To provide a financial participation of the municipalities of the to be applied pursuant to sentence 4 benefits for the years 1993 and 1994 by the countries § 6 Additionally para 2a of the municipal finance reform act accordingly.
(2) the Federal Minister of finance is authorized to raise money in the way of credit, namely 1990 up to the amount of 20 billion DM, 1991 up to the height of 31 billion DM, 1992 up to the amount of 24 billion DM, for the Fund 1993 up to the amount of DM 15 billion and in 1994 up to the amount of DM 5 billion plus of each credit procurement costs. Borrowing for the Fund is not subject to the limitation pursuant to article 115 paragraph 1 sentence 2 of the basic law.
(3) unused credit appropriations in 1994 continue to apply until the year. Referred to in paragraph 1 the amounts to pay off the loans grow to 1991 the credit line, which become due during the year, as far as the eradication from surpluses of the Fund can be made.
(3a) the Federal Ministry of finance is authorized to raise funds by way of credit Deutsche mark for the Fund for improving Fund up to the amount of $ 3 billion.
(4) the borrowing is done through the issuance of debt securities and Treasury bills after in § 20 para 2 Bundesbank law procedure or by borrowing against promissory notes.
(5) the Federal Minister of finance is authorized to purchase debt securities of the Fund in the way of market support up to 10 per cent of the amount of circulating bonds and Treasury bonds of the Fund to borrow.
(6) the debt instruments of the Fund are of the same the federal debt certificates.
(7) the liabilities of the Fund are managed according to the principles applicable for the management of the overall federal debt.

§ 6 receives federal grants (1) the Fund grants from the federal budget to cover its debt obligations until 31 December 2004.
(2) the grants referred to in paragraph 1 be each 10 per cent of the credit appropriations of the Fund until the end of the previous year to total claim § 5 para 1 in a year the grants referred to in paragraph 1 and the reserves accumulated in the Fund to cover the actual interest rate burden not sufficient, so the difference is offset by an increased federal subsidy. Additional services of the Federation a year from the obligation under clause 1 will be charged with the Federal grants in later years.
(2a) by way of derogation from paragraph 2 sentence 1 grants EUR pursuant to paragraph 1 in the years 1998 to 2001, 6.8 per cent of the credit appropriations of the Fund until the end of the previous year, according to § 5 ABS. 1, in the year a total claim 2002 2.462.381.699,84, in the year 2003 2.268.090.784,99 Euro and in the year 2004 2.254.797.196,08 euro. The grants referred to in sentence 1 and the reserves accumulated in the Fund to cover the actual interest rate burden is not sufficient in the years 1998 to 2004, the respective shortfall is carried to 50 per cent by the Federal Government and 50 per cent of the countries. For this purpose the Federal Government informs the interest rates and the volume of follow-on financing countries. The Federal Government is entitled to charge the land portion pursuant to sentence 2 with the country share in the import turnover tax managed by U.S. financial authorities. The sentences 2 to 4 do not apply to the States of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia.
(3) the feeder from the federal budget every month in same instalments.
(4) surplus of the Fund are to feed a reserve, rates of interest to be. From this reserve are to repay overdue loans.
(5) the countries reimburse the Federal 1994 50 per cent and in 1995 limited until 31 December 2004 50 per cent of the grants referred to in paragraph 2 sentence 1 plus an annual amount of 2.1 billion marks as their contribution to the financing of the Fund of "German unity" pursuant to section 1, paragraph 2, of the law on the financial balance between federal and countries. Sentence 1 shall not apply to the States of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia.
(6) the refunds of the countries under paragraph 5 are reduced in 1998 to 932.596.391,30 euro, 1999 to 854.880.025,36 euro, 2000 to 777.163.659,42 euro, 2001 to 932.596.391,30 euro, 2002 to 1.317.190.144,34 euro, 2003 to 1.294.591.043,19 euro and 2004 to 1.431.361.621,41 euro.

§ 6a takes over inclusion of liabilities of the Fund in federal debt of the Federal Government from January 1, 2005 as a co-debtor the liabilities of the Fund; the Federal Government of the sole debtor is internally to the Fund.

§ 6B billing after the end of the year 2019 (1) the countries provide a balance to the Federal if the amount determined in accordance with paragraph 3, for the debts of the Fund exceeds the reference amount of 6.544.536.079,31 euros on December 31, 2019. The balance of the countries is set to 53.3 per cent of the amount of excess of the reference amount. Sentence 1 shall not apply for the area referred to in article 3 of the Unification Treaty.

(2) the balance of the countries referred to in paragraph 1 shall be set at the individual countries in the ratio of the sum of their refunds to the Fund in the years 2002, 2003 and 2004 and is to reimburse the Federal Government six months after an accounting carried out by the Federal Ministry of finance. You disregarded it according to § 1 para 3 of the compensation law for the respective year of compensation applicable Erhöhungs and discount amounts.
(3) the amount of the liabilities of the Fund is set 1 pursuant to paragraph 1 as follows: 1. the starting amount of the liabilities of the Fund are on December 31, 2004. For all following years and including 2019 is according to the paragraphs 2 to 6.
2. the level of debt at the end of the year is calculated as the difference between the debt at the end of the preceding year minus the net repayments of the current year.
3. the year-to-be net repayments be determined as the difference between the annual amounts according to paragraph 4 and the respectively applicable interest payments according to section 5 exceed interest payments after paragraph 5 the amount laid down in paragraph 4, so it is assumed that the difference is arithmetically offset by net borrowing.
4. for the sum of interest and net repayments, annual amounts of 3.581.088.335,90 euros are to be based.
5. the annual interest payments arise by the year-end level of debt of the preceding year calculated according to paragraph 2 multiplied by the interest rate pursuant to paragraph 6 and divided by 100.
6 of each to be used interest rate is calculated by the actual interest payments of the Federal Government for the entire federal debt (including the Fund) is each year divided by the total federal debt (including Fund) reported at the end of the previous year and multiplied by 100.
The determination of the amount shall be communicated annually by the Federal Ministry of finance the countries.

§ 7 budget all revenue and expenditure of the Fund are estimated as of January 1, 1991, for each financial year in a management plan. The business plan is to balance revenue and expenditure. The Advisory Board is involved in the preparation of business plans.

Section 8 financial statements (1) the Federal Minister of finance prepares the financial statements for the Fund at the end of each accounting year and adds them as notes to the financial statements of the Federal.
(2) the financial statements must recognize the existence of the Fund including the assets and liabilities in a clear way and also demonstrate the revenue and expenditure.

Article 9 administrative costs the costs of the management of the Fund the Federal Government bears.

Equality with federal authorities on the obligations of the Fund, contributions to the Federal Government, the countries, the communities (community associations) and public bodies to pay § 10, apply rules applicable generally to federal authorities.

§ 11 dissolution of the Fund at the end of the year 2019 will result in the Fund. The liabilities and the assets of the Fund are transferred to the Federal Government.